Case Study · Hospitality / Entertainment Venue · United States

Kenwood Theatre — Hospitality / Entertainment Venue Section 125 Case Study

Kenwood Theatre operates as an entertainment / hospitality venue. The Section 125 mechanic — pre-tax salary reduction funding a HIPAA-compliant participatory wellness program — produces $681.60 per W-2 employee per year in net employer FICA savings regardless of industry classification.

IRS Section 125 — Federal Law Since 1978
No New Insurance Required
No Changes to Current Benefits
ACA · ERISA · COBRA · HIPAA Compliant
Live in 30–60 Days
What this case study tells you

The structure that produced this result

Hospitality and entertainment venues — theatres, music venues, event halls, hotels — typically run mid-sized W-2 staff workforces with WC rates in the 3–5% band. Every enrolled W-2 employee earning $25,000+/year and covered under an ACA-compliant group health plan produces the same per-employee net employer savings. On a 30-employee venue, the FICA math returns $20,448/year in net employer savings; on 60 employees, $40,896/year.

We don't publish specific dollar figures where the operator hasn't disclosed them publicly. What we can say categorically: the Section 125 structure does not depend on industry. The compliance stack (Hitesman May 2025 opinion + CBIZ August 2025 review + IRS Rev. Rul. 69-154 + the IRC § 125 statute itself) applies identically to a hospitality venue as to a trucking company.

For other hospitality operators evaluating the program, the path is the same as for any other industry: a 15-minute free analysis with the tax specialist returns the exact savings figure based on actual headcount and payroll structure, and the Hitesman + CBIZ documentation is share-able with the operator's own CPA before signing.

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The calculator returns your exact net employer FICA savings + a Workers' Comp reduction estimate. Same math, your headcount. Verified by CBIZ + HitesmanLaw.

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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.

HitesmanLaw P.A. · Minneapolis, MN

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.

Named a Super Lawyer every year since 2000. AV-rated (highest possible rating) in Martindale-Hubbell since 1998.
Co-author: ERISA Compliance for Health & Welfare Plans (Thomson Reuters/EBIA) — the national compliance standard manual since 1999.
Member, Technical Advisory Group — Employers Council on Flexible Compensation. She helps set the industry standards for Section 125 plans nationally.

CBIZ Advisors LLC

Top-7 U.S. Accounting Firm · Cleveland, OH · 135,000+ Clients

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.

Top-7 U.S. accounting firm. 10,000+ employees across 100+ offices. Serves 135,000+ clients nationally.
Review covers: IRC §125 cafeteria plan, §105/106 wellness benefit rules, ERISA plan asset treatment, ACA integration, and COBRA obligations.
$500,000 legal protection per enrolled employer · $10,000 per employee participant · Insurance-backed.
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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 ↗
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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