IRS Section 125 & 105 Compliant

Your Employee Benefits AreLeaving Money on the Table.

We Put It Back.

Recapture Capital deploys a federally supported, zero-net-cost health benefits strategy that generates $640+ per employee, per year in FICA savings — while giving your team better healthcare and bigger paychecks. From 100 employees to 100,000+.

$
$1,120
Avg. FICA Savings /
Employee / Year
$0
Employer Out-of-
Pocket
30 Days
To Full
Implementation
Up to 30%
Workers' Comp
Reduction

The Mechanism

How the SIMERP Recapture Works

A Self-Insured Medical Expense Reimbursement Plan (SIMERP) integrates a Section 125 Cafeteria Plan with a Section 105 Reimbursement Plan. Pre-tax payroll reclassification reduces your FICA base — legally, structurally, and permanently.

Pre-Tax Reclassification

A portion of employee compensation is reclassified as pre-tax wellness benefit contributions through a Section 125 Cafeteria Plan — reducing the gross taxable payroll base.

FICA Tax Recovery

Lower taxable payroll base means lower FICA obligations for both employer and employee. The IRS wrote these rules. We help you use them.

Workers' Comp Reduction

Workers' Comp premiums are calculated on reportable gross payroll. When that number drops, premiums follow — same carriers, same coverage, less cost.

Zero-Cost Wellness Benefits

Employees receive $0-copay virtual primary care, telehealth, behavioral health, and pharmacy benefits through an integrated platform powered by Revive Health.

Full Breakdown →

Straight Talk

What This Is — and Isn't

What This Is

An IRS-compliant, actuarially certified payroll tax recovery structure using established IRC provisions — §125, §105, §106, §213(d). Measurable FICA reduction, Workers' Comp savings, and enhanced employee benefits. Zero employer cost. Zero disruption.

What This Is Not

Not a tax shelter, loophole, or aggressive position. Not insurance. Does not replace your group health plan. Does not reduce employee take-home pay. Not a fixed-indemnity product. It is a participatory wellness program with §213(d) certified medical care services.

Compliance First

Built on Decades of IRS Precedent

IRC §125
IRC §105(b)
IRC §106(a)
IRC §213(d)
ERISA
HIPAA
ACA
ADA

Verified against IRS Revenue Ruling 2002-3, Chief Counsel Memos 201703013, 201622031, 201719025, and CCA 202323006. Actuarially certified FMV. Full indemnification available.

Frequently Asked Questions

What CFOs Ask Most

Is a SIMERP legal?

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Yes. SIMERP operates under IRC Sections 105, 106, 125, and 213(d) — provisions codified for decades. CCA 202323006 (June 2023) specifically approves service-based reimbursement models. Thousands of employer groups use this structure with zero enforcement actions.

Does this affect employee take-home pay?

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No. Tax savings offset the pre-tax deduction. Employees see no reduction in net pay and gain $0-copay virtual care, telehealth, behavioral health, pharmacy, and supplemental insurance.

Will this survive an IRS audit?

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Properly structured SIMERPs are audit-ready from day one. Our compliance vault maintains ERISA documents, participation logs, substantiation records, and quarterly reviews. Full indemnification available.
See All FAQ →

Ready to See Your Recapture Potential?

Your projected recovery is based on illustrative benchmarks. In a zero-obligation 30-minute consultation, we verify the EBITDA impact against your specific employee census.

Launch ROI EngineBook 30-Minute Savings Analysis

How It Works

The Section 125 SIMERP Framework

A SIMERP integrates a Section 125 Cafeteria Plan with a Section 105 Self-Insured Medical Expense Reimbursement Plan — creating structural FICA reduction, Workers' Comp savings, and enhanced wellness benefits.

The Process

From Assessment to Capital Recovery

01

Census Analysis & Eligibility

We ingest payroll census data to validate projected savings and confirm Section 125 eligibility. Mock Payroll Runs ensure deductions reconcile in your GL before going live.

02

Plan Documentation & Setup

Customized Section 105 SIMRP with preventive care satisfying IRS 213(d). ERISA documents, employee comms, and Digital Compliance Vault established.

03

Payroll Integration & Launch

Pre-tax deductions begin through your existing payroll — ADP, Paychex, Gusto, Rippling. No carrier changes. Employees access $0-copay virtual care immediately.

04

Ongoing Compliance

Quarterly reviews, automated participation monitoring, nondiscrimination testing, annual updates. Audit-ready at all times.

The Math

SIMERP Savings Benchmarks

MetricPer Employee1,000 Employees
Illustrative Deduction$1,200$1,200,000
FICA Recovery (7.65%)$91.80$91,800
Workers' Comp Reduction$48.00$48,000
Corporate Tax Deduction (21%)$252.00$252,000
Total Gross Recovery$391.80$391,800

Book Your 30-Minute Savings Analysis

Zero-obligation consultation to verify the EBITDA impact for your specific employee count and state tax nexus.

Schedule on CalendlyRun Your Own Numbers →

Legal & Actuarial Framework

Compliance Is Non-Negotiable

Built on rock-solid legal foundations — codified in the IRC, validated by IRS Chief Counsel, backed by decades of regulatory precedent.

The Legal Architecture

§125

IRC §125 — Cafeteria Plan

Pre-tax salary reductions for qualified benefits. In the tax code since 1978.

§105

IRC §105(b) — Tax-Free Reimbursements

Tax-free reimbursements for medical expenses. CCA 202323006 approves service-based models.

§106

IRC §106(a) — Employer Coverage

Excludes employer-provided medical coverage from gross income. Wellness plans qualify per Memo 201719025.

§213

IRC §213(d) — Medical Care

Defines eligible care: telehealth, preventive, mental health, pharmacy. All SIMERP benefits are 213(d) certified.

IRS Precedent & Validation

Memo 201703013 (Jan 2017)

Wellness reimbursements for §213(d) care excluded from gross income under §106(a)/§105(b). Foundational SIMERP validation.

Memo 201719025 (Apr 2017)

Wellness plans independently qualify as accident/health plans under §106. Cafeteria plan contributions are pre-tax.

CCA 202323006 (June 2023)

Approves service-based reimbursement models under IRC 105(b). Most current regulatory support.

Revenue Ruling 2002-3

Establishes precedent for standardized actuarial FMV of medical care services.

"This isn't a tax loophole. It's a tax structure — codified in the Internal Revenue Code, validated by decades of IRS Chief Counsel guidance, and used by thousands of employer groups nationwide."

EBITDA Recovery Calculator

The Recapture Capital ROI Engine

Four inputs. One executive summary. Five-year EBITDA projections.

Per $100 of payroll
Industry standard: 80%

Verified against IRS Revenue Ruling 2002-3 and Memo 201703013

Executive Savings Summary

MetricPer EmployeeTotal Annual
Gross FICA Tax Recovery
Workers' Comp Reduction
Corporate Tax Deduction (21%)
Total Hard Dollar Recovery

Net Employer Cost: $0 · Employee Take-Home Change: $0

5-Year Retained Earnings Projection

Year 1

Year 3

Year 5

Estimated Operational Upside (1% Turnover Reduction × $15,000/hire):

Total Projected Economic Impact:

Book 30-Minute Savings AnalysisSend This Analysis to My Inbox

Figures are for illustrative purposes based on a typical annual deduction of $1,200 per employee, a 21% federal corporate tax rate, and standard FICA contributions. Actual savings may vary based on state tax nexus, workers' compensation classifications, and employee participation rates. This does not constitute formal tax or legal advice; consult with your CPA or tax counsel to confirm specific impacts on your P&L.

Industries

From 100 Employees to 100,000+

W-2 employees + FICA obligations = the math works. Every industry. All 50 states.

🏭

Manufacturing

WC rates of 3.5–6.0 per $100 make manufacturing the highest-ROI vertical. Dual FICA + WC savings.

🏥

Healthcare

High turnover + expensive benefits. SIMERP reduces FICA across large workforces while improving retention with telehealth and mental health.

🏬

Retail & Hospitality

High-headcount industries benefit disproportionately. A 5,000-employee chain recovers $1M+ annually.

🏛️

Municipalities & Education

School districts and state agencies qualify equally. Recaptured capital funds wellness without budget increases.

💼

Professional Services

Redirect FICA savings into executive retirement instruments — funded by money otherwise going to the IRS.

🔧

Construction & Trades

WC rates of 4.0–8.0+ create the highest per-employee ROI in any sector.

See Your Industry Savings

Launch ROI Engine →Schedule CFO Briefing

FAQ

Everything Employers Need to Know

Is a SIMERP legal?

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Yes. IRC §105, §106, §125, §213(d). CCA 202323006 (June 2023) approves service-based reimbursement models. Zero enforcement actions against properly administered plans.

How much can my company save?

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Savings vary by structure and participation. Illustrative benchmarks: $91.80 FICA per employee (on $1,200 deduction), plus up to 30% WC reduction and corporate tax deductions. Use our ROI Engine for your projection.

Does this affect employee take-home pay?

+
No. Tax savings offset the deduction. Employees gain $0-copay virtual care, telehealth, behavioral health, pharmacy, and supplemental insurance (accident, disability, critical illness, universal life).

SIMERP vs. standard Section 125?

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Standard §125 covers health insurance premiums. SIMERP integrates §125 with §105, adding a wellness layer that generates additional FICA savings beyond what a standard cafeteria plan provides.

How long to implement?

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30 days from engagement to first payroll cycle. Census analysis, plan docs, ERISA filings, employee comms, and payroll integration — all handled.

Will this survive an IRS audit?

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Yes. Digital Compliance Vault with ERISA docs, participation logs, substantiation records, quarterly reviews. Full indemnification and legal defense available.

Who qualifies?

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W-2 employees, 30+ hours/week, with ACA-compliant health coverage. Scales from 100 to 100,000+ employees across all 50 states.

Does it replace our health insurance?

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No. Supplemental layer alongside existing coverage. No carrier changes. If you don't currently offer insurance, an ACA-compliant MEC plan can be included.

How does it reduce Workers' Comp?

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WC premiums = reportable gross payroll × rate. SIMERP reduces reportable payroll → premiums drop up to 30%. Same carriers, same coverage.

What if employees don't participate?

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Employees must use at least one wellness service per year. Push notifications, texts, and emails ensure participation. Non-participants' deductions become taxable.
Still Have Questions? Schedule a Call →

Free Analysis

Request Your Executive Savings Report

No obligation. No cost. FICA recapture potential, Workers' Comp savings, and 5-year EBITDA projection.

Contact Information

Coverage

All 50 States

All communications are encrypted and confidential.

"The best time to recapture lost capital was yesterday. The second best time is right now."

Encrypted. Never shared. Delivered securely to ProtonMail.

CFO Resource Center

Insights on Payroll Tax Recovery

Expert analysis on SIMERP, FICA strategy, Workers' Comp optimization, and IRS compliance — written for finance executives.

FICA Recovery · Payroll Tax Strategy

The FICA Recovery Logic: How Employers Recapture $500–$900 Per Employee Annually

A detailed breakdown of the FICA recovery mechanism that returns $500-$900 per employee annually through Section 125 SIM

Compliance · Legal Framework

The Section 105/125 Compliance Vault: Understanding the Structural Foundation of Payroll Tax Recovery

How IRC §213(d), §106(a), and §105(b) interact to create the lawful, audit-defensible foundation of SIMERP payroll tax r

Employee Benefits · Wellness Platform

The Integrated Wellness Stack: How Participatory Benefits Drive Tax Compliance and Employee Retention

How the wellness benefit layer in a SIMERP program serves dual purposes: maintaining IRS compliance through participator

Workers' Comp · Risk Management

Workers' Compensation Optimization: The 20–30% Premium Reduction Most Risk Managers Overlook

How SIMERP reduces reportable gross payroll, triggering automatic Workers' Compensation premium reductions of 20-30% wit

CFO Strategy · EBITDA Recovery

The Zero-Net-Cost Proposition: A CFO's Guide to Self-Funding Benefits Through Existing Tax Leaks

How SIMERP programs are entirely funded through existing payroll tax inefficiencies, requiring zero employer capital inv

Compliance · Section 125

Section 125 SIMERP: The CFO's Complete Compliance Guide

Complete compliance guide for Section 125 SIMERP programs. Every IRC section, IRS memo, and audit defense strategy expla

Tax Strategy · Retirement

Why Your 401(k) Strategy May Be Ignoring Your Biggest Tax Leak

Every dollar remitted in avoidable FICA taxes never compounds. How SIMERP complements your retirement strategy.

Workers' Comp · Cost Reduction

Workers' Comp Premiums: The Second Wave of Savings Most CFOs Miss

SIMERP reduces reportable payroll, reducing Workers' Comp premiums up to 30%. Most advisors capture one savings stream.

IRS Regulation · Technical

IRS §1.105-11: The Regulation Behind Payroll Tax Recapture

A CFO's guide to Treasury Regulation §1.105-11 — the regulatory foundation of SIMERP self-insured plans.

← Back to Insights
JK

John Krowiak

Founder, Recapture Capital · 30+ years experience · Health & Life Licensed · SEC Series 6/63

See Your Recovery Potential

Four inputs. Thirty seconds. A number your current advisor never showed you.

Launch ROI EngineSchedule CFO Briefing
← Back to Insights

Compliance Vault

The Regulatory Documentation Center

IRS Chief Counsel memoranda, actuarial standards, and statutory references — the complete legal foundation for SIMERP payroll tax recovery.

🔒 Digital Chain of Custody — Verified Document Repository
📄

IRS Chief Counsel Memo 201703013

Foundational SIMERP validation. Clarifies that wellness program reimbursements for IRC §213(d) medical care are excluded from gross income under §106(a) and §105(b).

Download Document
📄

IRS Chief Counsel Advice 202323006

Most current regulatory support (June 2023). Specifically approves service-based medical reimbursement models under IRC §105(b).

Download Document
📜

IRC Section 125 & 105 Technical Framework

The statutory foundation for pre-tax salary reclassification through Cafeteria Plans (§125) and Self-Insured Medical Expense Reimbursement Plans (§105).

Download Document
📊

SIMERP Actuarial Fair Market Value Standards

Standards for IRC §213(d) certification of wellness services. Based on Revenue Ruling 2002-3 actuarial methodology for medical care valuation.

Download Document
📄

IRS Memo 201719025

Confirms wellness plans independently qualify as accident and health plans under §106. Cafeteria plan contributions are properly treated as pre-tax.

Download Document

Treasury Regulation §1.105-11

Nondiscrimination requirements for self-insured plans. Establishes the 70% participation safe harbor and eligibility/benefits testing protocols.

Download Document

The documents provided in this Vault are for technical reference by finance and legal teams. Recapture Capital provides structural administration and does not provide formal tax or legal advice. Consult with your CPA or tax counsel to confirm specific impacts on your organization.

Request a Compliance Review →

About Recapture Capital

A Pilot's Precision. An Advisor's Discipline.

Photo

Meet John Krowiak

With over 30 years of professional experience spanning aviation and financial services, John Krowiak brings a unique discipline to employer tax recovery that most advisors simply cannot match.

As a retired airline and corporate pilot, John spent decades in an environment where preparation is everything. Pilots don't hope for good weather — they prepare for every scenario. They run checklists before every flight. They anticipate failures before they happen.

That same mindset drives how John approaches SIMERP implementation and payroll tax recovery. Every engagement begins with rigorous census analysis. Every plan document is reviewed against current IRS guidance. Every compliance vault is built to withstand audit scrutiny.

John founded Recapture Capital on a simple premise: most organizations are losing capital to tax inefficiencies they don't know exist. The IRS wrote the rules that make recovery possible. The only variable is whether your organization chooses to act on it.

"I don't sell products. I solve tax and income problems. The math either works or it doesn't — and I won't put your organization in a position where it doesn't."

Credentials & Licensing

30+ Years Professional Experience Retired Airline & Corporate Pilot Health & Life Insurance Licensed SEC Series 6 & Series 63 SIMERP & Section 125 Specialist

Case Studies

Measurable Results. Across Every Industry.

Illustrative examples based on standard SIMERP benchmarks.

150-Employee Regional Retailer

Retail · Midwest · 150 W-2 Employees

Challenge

Rising Workers' Comp premiums. High-deductible health plans driving turnover. No bandwidth for complex benefits administration.

Results

MetricAnnual Impact
FICA Tax Recovery$11,016
Workers' Comp Reduction$8,400
Corporate Tax Deduction$30,240
Total Annual Recovery$49,656

*Illustrative example at 80% participation, $1,200 deduction, 2.8% WC rate.

1,500-Employee Manufacturing Firm

Manufacturing · Southeast · 1,500 W-2 Employees

Challenge

WC premiums exceeding $900K annually. Difficulty competing for skilled labor against larger firms.

Results

MetricAnnual Impact
FICA Tax Recovery$110,160
Workers' Comp Reduction$252,000
Corporate Tax Deduction$302,400
Total Annual Recovery$664,560
5-Year Retained Earnings$3,322,800

*Illustrative example at 80% participation, $1,200 deduction, 5.0% WC rate.

8,000-Employee Healthcare System

Healthcare · Multi-State · 8,000 W-2 Employees

Challenge

22% attrition rate costing $14M annually. Benefits budget exhausted. General Counsel required rigorous compliance review.

Results

MetricAnnual Impact
Hard Dollar Recovery$2,640,320
Turnover Reduction Savings$1,800,000
Total Economic Impact$4,440,320
5-Year Retained Earnings$13,201,600

*Illustrative example at 80% participation, $1,200 deduction, 2.5% WC rate.