A tuition reimbursement policy is mostly a set of rules about what happens when someone leaves.
The tax rule is short: up to $5,250 a year, tax-free, under a written plan. Everything that decides whether the program pays for itself is policy. Who qualifies, what is covered, when you pay, and what the employee owes if they leave early.
Nine decisions make up the policy.
Each one is a trade between the cost of the program and the value you get from it.
Who Is Eligible
Full-time only, or part-time too, and whether there is a waiting period. A waiting period filters out people who will leave before the benefit pays back.
What Is Covered
Degree programs, certificates, individual courses or licenses. Section 127 does not require the course to be job-related, and it reaches graduate courses, so the line is yours to draw.
Reimburse or Pay Up Front
Reimbursing after the course ends reduces risk. Paying up front helps employees who cannot front the money, at the price of more exposure if they do not finish.
A Grade or Completion Test
Many policies pay only for a passing grade. It protects the budget and is simple to administer, but it should be written down and applied the same way for everyone.
An Annual Cap
A cap at or below the $5,250 limit keeps the cost predictable and the benefit within the tax-free amount.
A Service Commitment
A requirement to stay for a period after payment, or to repay part if the employee leaves. It is the main lever on retention, and the one most worth reviewing with counsel.
One Program or Two
Tuition and student loan payments share the same $5,250 limit. A single written program can cover both without a choice of taxable pay.
Pay Above the Limit
Anything over $5,250 in a year is generally taxable wages unless another exclusion applies. Decide whether the policy stops at the cap or lets employees pay the difference.
Who Can Benefit
A Section 127 program cannot favor highly compensated employees, and no more than 5% of the benefits can go to owners holding more than 5% of the business. Check the design against both rules.
Under the cap it is tax-free. Over it, the label matters.
IRS guidance for employers is specific about both.
Up to $5,250 a Year
Educational assistance under a written Section 127 plan is excluded from the employee’s wages up to $5,250 a year, and the exclusion covers graduate-level courses.
Above the Limit
Assistance above $5,250 is wages unless it qualifies another way, such as a working condition benefit for education that maintains or improves skills in the employee’s current job.
No Choice of Cash
The program cannot let employees choose taxable pay instead of the education benefit. It has to be a real education benefit, paid for the education itself.
The Written Plan
A separate written plan, for the exclusive benefit of employees, with eligibility that does not favor highly compensated employees and a five percent limit on owners.
The repayment agreement is where most policies get tested.
A service commitment only works if it is clear, fair and followed.
Say It in Advance
The employee should sign the terms before the first payment: what is covered, how long they must stay, and what is owed if they leave. A policy that is only in a handbook is hard to enforce.
Prorate the Amount
A repayment obligation that falls over the commitment period reads as fair and is easier to defend than a flat amount.
Check State Rules
States differ on repayment agreements and on taking money from final pay. Have counsel review both before you rely on them.
Four numbers answer the question.
Participation
Who is using it, by department and tenure. A benefit used by a few people in one group tells you where it fits.
Completion
The share of courses completed. A low number points to a design problem in the policy or the support.
Retention of Users
Retention of participants compared with non-participants, over the same period.
Cost Per Participant
Total spend divided by users, against the budget. It tells you whether the cap is set in the right place.
What employers ask about tuition reimbursement.
Does the course have to relate to the job?
Not under Section 127. Courses with no reasonable relation to a business that are only sports, games or hobbies are excluded unless part of a degree program.
Can we require employees to repay if they leave?
Many employers do, with a written agreement. Check state rules and have counsel review the wording.
Is graduate school covered?
Yes. The Section 127 exclusion applies to graduate-level courses as well.
Can we pay more than $5,250?
Yes, but the excess is wages unless it qualifies another way, such as a working condition benefit.
Can employees use it for student loans instead?
Yes, if the written plan says so. The same $5,250 covers both, so an employee cannot use it twice.
Who writes the plan?
We draft the program with you and bring in counsel to confirm the document.
Related guides.
Student Loan Repayment Benefits
How employers design a tax-free repayment program.
Section 127 Educational Assistance
The rules for tuition and student loan payments.
Education, Giving and Financial Wellness
Specialty accounts and education help for a total rewards package.
Tell us what the policy should do.
We’ll tell you what a policy should cover, what it would cost, and what the written plan needs. No cost, and no obligation.
Your current policy, if you have one
The degrees or courses you want to support
A rough annual budget
Who you most want to keep
Rough answers are fine. We build the numbers from there.
Laws and rules referenced
26 U.S.C. § 127 — Educational assistance programs: the $5,250 limit, graduate-level courses, written plan and eligibility rules.
IRS Publication 15-B — Employer fringe benefits, including educational assistance and working condition benefits.
This page is general information, not legal or tax advice. Rules change and facts matter, so confirm your situation with counsel or a qualified advisor.
An independent employee benefits consulting firm. We look at the entire benefits program — cost, plan performance, risk and administration.
Switch to CFH. Unhappy with your broker? Your employees won’t notice. You will. →
Cookies on This Site
We use cookies to keep the site working properly and to understand how it is used. You can decline anything that is not essential. See our Privacy Policy for the detail.
- Essential — needed for the site to load and for you to move around it. These cannot be switched off.
- Analytics — tell us which pages get read, so we know what is worth writing more of.
- Advertising — set by third parties such as ad and social platforms to measure and target campaigns.