Gusto + Section 125 — Built-In Native Support
By David Newman · Referral Partner, Section 125 Savings · San Pedro, CA
Gusto offers native Section 125 cafeteria plan support across all of its tiers (Simple, Plus, Premium, and Concierge). The platform was designed with cafeteria plan deductions as a first-class feature, which makes Section 125 implementation particularly clean for Gusto users.
From your perspective, the Gusto-side configuration is straightforward: the plan administrator coordinates with you (or your Gusto admin user) to add the Section 125 Preventive Care deduction. The platform handles tax treatment, W-2 reporting, and reporting to the plan administrator automatically.
Setup steps
- ACA Solutions plan administrator provides enrollment data + the Section 125 deduction structure.
- Inside Gusto: Settings → Deductions → Add Deduction → Type: Pre-tax (Section 125 Cafeteria Plan). Gusto auto-configures the deduction as pre-tax for FICA, federal income tax, and (where applicable) state income tax.
- Employee enrollment data is imported via Gusto's CSV upload or via direct API integration with the plan administrator's system.
- Year-end W-2 reporting is automatic. Gusto handles Box 1, Box 3, Box 5 reductions and Box 14 disclosure without manual intervention.
Deduction code
Configurable in Gusto. Common naming: 'Sec 125 Preventive Care' or 'Section 125 Wellness Plan'.
Notes specific to Gusto
- Gusto's reporting tools automatically classify Section 125 deductions in standard payroll reports, P&L exports, and tax filings.
- If you use Gusto's HR features (org chart, time tracking, document storage), the Section 125 enrollment integrates with employee profiles.
- Gusto's mobile app shows employees their pre-tax deductions clearly, including the Section 125 line — useful for employee-side transparency.
ACA Solutions handles all setup. Your Gusto payroll team only needs to add one pre-tax deduction code on go-live. The plan administrator handles documentation, nondiscrimination testing, and ongoing compliance. Verified compliant by CBIZ Advisors LLC and HitesmanLaw P.A. in 2025.
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Five quick questions, instant savings estimate. Works the same regardless of your payroll provider — Section 125 math is mechanical at $681.60/W-2 employee/year net of all program fees, plus industry-specific Workers' Comp reduction. Verify on IRS.gov.
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Minimum 10 W-2 employees · $25K+ salary · ACA-compliant health coverage required
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Skepticism is the right response. We don't ask you to take our word for it — we bring institutional proof that convinced CPAs, CFOs, attorneys, and insurance brokers to enroll their own companies.
Darcy L. Hitesman, J.D.
35+ years as an Employee Benefits attorney specializing in IRC Section 125, ERISA, HIPAA, and the ACA. Her May 5, 2025 opinion letter concludes: “In this firm's opinion, the Program described satisfies applicable IRS requirements.”
She specifically reviewed the IRS Chief Counsel Advice memoranda on "double-dip" arrangements — the exact schemes the IRS has flagged — and concluded this program is built differently and compliantly.
CBIZ Advisors LLC
CBIZ independently reviewed the program against IRC §§ 125, 105, and 106, plus ERISA, ACA, and COBRA requirements. Their August 22, 2025 letter concludes: “If operated per its provisions, the Program appears to satisfy the requirements of ERISA, the ACA, and COBRA as well.”
This review was commissioned by Affinity Hospice's CEO before enrolling his nationwide organization — and the CFO (himself a CPA) shared the letter publicly in his testimonial.
Direct From the U.S. Government
Section 125 has been in the Internal Revenue Code since 1978. Congress wrote it there specifically to encourage employers to fund preventive healthcare for American workers. This is not a loophole — it is the precise, intended use of a 47-year-old federal law, grounded in IRS Revenue Ruling 69-154, the specific published ruling supporting the benefit payment structure.
→ Verify on IRS.gov — Section 125 Cafeteria Plans ↗Common Gusto-specific questions
Content reviewed by Virginia Fish, CPA — tax and employer benefits specialist with 10+ years in financial reporting and payroll tax strategy.
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Verified: CBIZ Advisors LLC (Aug 2025) · HitesmanLaw P.A. (May 2025)
$500K legal protection per enrolled employer · IRS Section 125 · Federal law since 1978