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Brooklyn Knight

Can employer reimburse my previous COBRA payments tax-free even before my start date?

Title: Can employer reimburse my previous COBRA payments tax-free even before my start date? 1 I've spent roughly $19,500 on COBRA payments out of my own pocket during a 6-month gap between when my old employer stopped covering me and my new job's health insurance kicked in. In negotiations with this new company, I'm wondering if I can have them reimburse these past COBRA expenses as part of my offer package. The big question I have is whether these reimbursements would be tax-free or if the IRS would just treat this like regular taxable income similar to a signing bonus? I'm trying to figure out if there's any tax advantage to structuring the offer this way versus just asking for a higher signing bonus to cover these costs. Has anyone had experience with this kind of arrangement?

7 You're asking a good question about COBRA reimbursements! Employers can reimburse COBRA premiums tax-free, but there are specific requirements to make this work. The key is having the reimbursement structured as part of a proper health plan arrangement. Your new employer would need to set this up as part of their health plan, possibly through what's called an HRA (Health Reimbursement Arrangement) or similar qualified arrangement. If done correctly, the reimbursement can be excluded from your taxable income. However, if they just cut you a check without the proper structure, it would likely be considered taxable compensation. The timing is tricky though - typically these arrangements cover expenses while you're an employee, not expenses from before your start date. That's where you might run into complications.

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12 Thanks for the info. So does that mean I need to specifically ask for an HRA during negotiations? And would an HRA even work for expenses that happened before I started working there?

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7 You should definitely mention an HRA or similar qualified arrangement during negotiations. Be specific about wanting a tax-advantaged reimbursement rather than just additional compensation. Regarding pre-employment expenses, that's where it gets complicated. Traditional HRAs typically only cover expenses incurred while you're part of the plan. Your new employer would need to structure something specific that could incorporate your prior COBRA payments, which is possible but less common. They might need to consult with their benefits team or attorney to see if there's a compliant way to structure this.

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15 After struggling with almost the exact same situation (had about $13k in COBRA payments before starting my new job), I found an amazing resource called taxr.ai at https://taxr.ai that specifically analyzed my employment offer and COBRA situation. I uploaded my COBRA statements and the draft offer letter, and their system identified that my offer needed specific language about "qualifying healthcare expenses" to make the reimbursement tax-free. My new employer was actually willing to modify the offer letter based on the guidance from taxr.ai, and I ended up with a properly structured reimbursement that didn't count as taxable income. The employer's HR team hadn't initially set it up correctly, but the specific recommendations from the analysis made it work for both parties.

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18 How exactly does this work? Can the system actually review legal documents like offer letters or is it just general advice?

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22 I'm a bit skeptical about this. Wouldn't your employer need to add you to their health plan retroactively for this to work? Did taxr.ai actually explain the specific tax code that allows for this kind of arrangement?

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15 The system does actually review the documents - I uploaded my offer letter PDF and my COBRA statements, and it analyzed the specific language and pointed out exactly what was missing. It highlighted the sections that needed modification and provided alternative text. No retroactive enrollment needed in my case. The analysis cited specific IRS regulations about qualifying medical expense reimbursements and explained that the employer needed to establish a qualified arrangement that properly documented these as health expenses rather than compensation. It provided the specific tax code references that my employer's HR team could verify.

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18 Just wanted to follow up - I decided to check out taxr.ai after posting my question above. I uploaded my COBRA statements and draft offer letter, and the analysis was really eye-opening. It showed that my employer's proposed language would have made the reimbursement fully taxable, but recommended specific changes to make it qualify as a tax-free health benefit. I brought the suggestions to the negotiation table, and while my employer's HR team was initially confused, they consulted their benefits attorney who confirmed everything was legitimate. We rewrote that section of the offer, and I'm getting my $22k in COBRA payments reimbursed completely tax-free! Definitely worth checking out if you're in a similar situation.

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9 After reading this thread, I wanted to share something that helped me with a different but related issue. I had been trying to get clarification from the IRS about a complex COBRA reimbursement situation for WEEKS with no luck. I kept calling the IRS support line but couldn't get through to a human. Then I found this service called Claimyr at https://claimyr.com that got me connected to an actual IRS agent within about 20 minutes. I was skeptical at first, but you can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They basically navigate the IRS phone tree for you and then call you when they've gotten through to a real person. The IRS agent I spoke with confirmed that employer COBRA reimbursements can indeed be tax-free if structured correctly through a qualified arrangement, and gave me the specific publication numbers to reference during my negotiation.

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22 This sounds too good to be true. The IRS phone lines are basically impossible to get through. How does this service actually work? Do they have some special access or something?

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3 I doubt an IRS agent would give specific advice about how to structure an employment contract. They usually just refer you to publications or tell you to talk to a tax professional. What exactly did they tell you?

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9 They don't have special access - they use technology to continuously dial and navigate the phone system until they get through to a representative. It's basically doing what you would do if you had unlimited time and patience to keep calling back. The IRS agent didn't structure my contract - they just confirmed the general tax treatment of COBRA reimbursements under different scenarios. They specifically pointed me to Publication 15-B (Employer's Tax Guide to Fringe Benefits) which outlines how health benefits including certain reimbursements can be tax-free. I used this information to have a more informed conversation with my employer's benefits team.

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3 I was really skeptical about Claimyr when I first read about it here (seemed like it couldn't possibly work), but I was desperate after spending literally hours trying to get someone at the IRS to clarify my COBRA reimbursement question. I decided to give it a try, and honestly, I was shocked when I got a call back about 15 minutes later with an actual IRS representative on the line. The agent walked me through how employer health premium reimbursements are treated for tax purposes and confirmed that with the right documentation and plan structure, they can be excluded from income. This was exactly the confirmation I needed to move forward with confidence in my negotiation. Saved me from potentially paying taxes on nearly $17k of reimbursements. Sometimes it's worth trying things that seem too good to be true!

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5 Just to add another perspective - I was in a similar situation last year and negotiated for my new employer to cover my COBRA costs. In my case, they just added it to my signing bonus and it was absolutely taxable. I ended up with about 65% of the actual COBRA costs after taxes. If I could do it over again, I would have asked for a specific health expense reimbursement arrangement instead. My tax advisor later told me this could have been structured better with the right benefit plan documentation.

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1 Did your employer give you any pushback when you asked for them to cover the COBRA costs? I'm worried about seeming too demanding in negotiations since I really need this job.

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5 Surprisingly, there wasn't much pushback on covering the costs - they were actually fine with the dollar amount. The issue was more that their HR department took the path of least resistance and just added it to my signing bonus rather than creating a proper health reimbursement structure. It was easier for them administratively, but worse for me tax-wise. In your negotiations, I'd suggest framing it as a win-win - explain that structuring it as a health benefit rather than compensation could save them on payroll taxes too. That approach might make it seem less demanding while still getting what you need.

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25 Has anyone actually had success getting a company to reimburse COBRA from before you even worked there? This seems like a stretch to me. Most companies I've dealt with barely want to negotiate standard benefits let alone create special arrangements.

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17 I actually did manage to get this once, but only because I was a senior hire and had significant leverage. The company created some kind of special health reimbursement arrangement. I think the key is how badly they want you and how flexible their benefits team is willing to be.

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I've been following this discussion with great interest since I'm dealing with a similar situation. After reading through all the responses, I'm curious about the practical implementation. For those who successfully got tax-free reimbursements, how long did it take your employers to set up the proper arrangements? And did you have to provide specific documentation beyond just the COBRA payment receipts? I'm particularly interested in whether smaller companies (under 100 employees) have the same flexibility to create these special health reimbursement arrangements, or if this is mainly something larger corporations with dedicated benefits teams can handle. My potential employer is a smaller firm and I'm wondering if I should adjust my expectations accordingly.

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Great question about smaller companies! I actually work for a mid-sized firm (about 75 employees) and we were able to set up a qualified health reimbursement arrangement for a new hire's COBRA expenses. It took our benefits administrator about 3 weeks to get everything properly documented and approved by our insurance carrier. The key documentation we required was: original COBRA election notices, monthly premium invoices, proof of payment (bank statements or cancelled checks), and a gap coverage attestation showing the dates between their old coverage ending and our plan beginning. Our benefits consultant helped draft the specific plan language to ensure compliance. Smaller companies often have more flexibility because they can make decisions quickly without layers of corporate bureaucracy. The main constraint is usually whether their benefits administrator or third-party provider has experience with these arrangements. I'd suggest asking your potential employer if their benefits team has handled similar situations before - that's usually a good indicator of feasibility.

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This is such a helpful thread! I'm in a similar boat with about $14k in COBRA payments from a 4-month gap. Based on what I'm reading here, it sounds like the key is getting the employer to structure this as a qualified health reimbursement rather than just adding it to my salary. For anyone who's been through this process - did you find that having specific tax code references helped when negotiating? I'm thinking about mentioning Publication 15-B upfront to show I've done my homework. Also wondering if there's a typical timeline employers need to set up these arrangements, since my start date is coming up in about 6 weeks. The taxr.ai suggestion is intriguing too - might be worth uploading my documents to see what specific language issues they identify before I go into final negotiations.

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Having the tax code references definitely helped in my negotiations! When I mentioned Publication 15-B and Section 105 plans, it showed my employer's HR team that I understood the legitimate tax treatment options. They took the request more seriously rather than just dismissing it as trying to avoid taxes. Six weeks should be plenty of time for setup if your employer is willing. In my experience, once they agree to the arrangement, the actual documentation takes about 2-3 weeks. The key is getting buy-in early so they can start the process. I'd also recommend being prepared with a clear explanation of why this benefits them too - they save on their portion of payroll taxes when it's structured as a health benefit rather than additional compensation. Making it a win-win proposal usually gets better reception than just asking for a personal tax advantage.

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I've been researching this exact scenario for a client situation, and there are a few important considerations beyond what's been mentioned here. While employer reimbursements for COBRA premiums can indeed be tax-free when structured properly, the timing element creates some complexity. The IRS generally requires that health reimbursement arrangements cover expenses incurred while you're eligible for the plan. However, there's some flexibility under Section 105 plans where employers can reimburse qualifying medical expenses that occurred during a "transition period" if properly documented. One approach I've seen work is having the employer establish the health reimbursement arrangement effective on your hire date, but with specific language allowing reimbursement for qualifying health premiums paid during the immediate pre-employment gap period (typically limited to 3-6 months). This requires careful drafting to ensure compliance. The key is getting this structured before you start work - it's much harder to retrofit these arrangements after the fact. I'd recommend having this conversation early in your negotiation process and being prepared to provide detailed documentation of your COBRA payments and coverage dates.

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This is really helpful context about the timing restrictions and Section 105 plans! I hadn't come across the "transition period" concept before. Do you know if there are specific IRS guidelines about what constitutes a reasonable transition period length? You mentioned 3-6 months - is there an official limit or is this more based on what you've seen accepted in practice? Also, when you say the arrangement needs to be established before starting work, does that mean the entire plan documentation needs to be finalized before my first day, or just the agreement in principle? I'm wondering about the practical timeline for getting all the paperwork in order while still meeting my start date.

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Great question about the transition period guidelines! From what I've seen in practice, the IRS doesn't specify an exact timeframe in the regulations, but 3-6 months seems to be the sweet spot that most benefits attorneys are comfortable with. Beyond 6 months, you start getting into territory where it might look more like general compensation rather than a true health benefit transition. Regarding timing, you don't need every piece of paperwork finalized before your start date, but you do need the agreement in principle documented in your offer letter or employment agreement. The key language should specify that the company will establish a qualified health reimbursement arrangement to cover your COBRA premiums during the gap period. This gives them the framework to work within while they handle the administrative setup. I'd suggest pushing for this language in your offer letter now, then working with their benefits team on the specific plan documentation during your first few weeks. Most companies can get the actual reimbursement processed within 30-60 days of your start date once the arrangement is properly established.

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I'm dealing with a very similar situation and this thread has been incredibly enlightening! I have about $16k in COBRA payments from a 5-month gap between jobs, and I'm currently in final negotiations with my new employer. Based on what I'm reading here, it sounds like the magic is in getting the language right in the offer letter to establish this as a qualified health benefit rather than taxable compensation. I'm particularly interested in the Section 105 plan approach that Sean mentioned - that "transition period" concept seems like exactly what I need. My question is about implementation timing: if I get the right language in my offer letter this week, how quickly can most companies actually process the reimbursement once I start? I'm hoping to get these COBRA costs off my credit card sooner rather than later. Also, for those who successfully negotiated this, did you find that having a specific dollar amount helped or hurt during negotiations? I'm wondering if I should present it as a lump sum or break it down by monthly COBRA payments. The taxr.ai tool sounds promising too - might upload my documents tonight to see what specific language gaps they identify before my final negotiation call tomorrow.

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From my experience with a similar negotiation last year, presenting the breakdown by monthly COBRA payments actually worked better than a lump sum. It helped my employer's HR team understand exactly what they were reimbursing and made it feel more like legitimate healthcare expenses rather than just a random bonus amount. Regarding timing, once you have the right language in your offer letter, most companies can process the reimbursement within 4-6 weeks of your start date. The key is getting their benefits team involved early so they can start setting up the Section 105 arrangement while you're handling onboarding. I'd definitely recommend trying taxr.ai before your call tomorrow - when I used it, it caught several language issues in my draft offer that would have made the reimbursement taxable. Having those specific suggestions helped me sound much more knowledgeable during the final negotiation. Good luck with your call!

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As someone who went through a similar situation with COBRA reimbursements, I wanted to share a few practical tips that might help others navigating this process. First, timing is absolutely critical - you need to get the right language in your offer letter before signing, not after you start. I learned this the hard way when my first employer just treated it as taxable income because we didn't establish the proper framework upfront. Second, be prepared to educate your employer's HR team. Many smaller companies haven't dealt with Section 105 health reimbursement arrangements before, so having specific references to IRS publications (like Pub 15-B) and being able to explain how it benefits both parties really helps move the conversation forward. Third, document everything meticulously. Keep all your COBRA election notices, payment confirmations, and bank statements organized. The IRS requires proper documentation for these arrangements, and having everything ready shows you're taking this seriously. Finally, consider the company's size and benefits sophistication when setting expectations. Larger companies with dedicated benefits teams can usually handle these arrangements more easily, while smaller firms might need more time and hand-holding but often have more flexibility to make quick decisions. The key is framing this as a legitimate health benefit transition rather than trying to avoid taxes on what would otherwise be compensation. When positioned correctly, most employers are surprisingly receptive to helping with healthcare continuity.

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This is excellent practical advice! I'm particularly interested in your point about educating the HR team. Did you find that providing them with specific IRS publication references upfront helped speed up their internal review process, or did it initially make them more cautious about proceeding? I'm also curious about your experience with documentation requirements - beyond the COBRA notices and payment records you mentioned, did your employer require any additional attestations or forms to establish the health reimbursement arrangement? I want to make sure I'm prepared with everything they might need to move quickly once we agree on the structure. The size factor is definitely something I'm considering. My potential employer has about 60 employees, so they're in that middle ground where they might have some flexibility but less experience with complex benefit arrangements.

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