FRINGE BENEFITS Examples of Fringes CASH • • • • AUTOMOBILES AWARDS,PRIZES CELLULAR PHONES EDUCATIONAL REIMUBURSEMENTS • SAVINGS BONDS • ALLOWANCES • MEAL MONEY (BASED ON HOURS WORKED) NON-CASH • • • • GROUP TERM LIFE MOVING EXPENSES PARKING ER PROVIDED LIVING QUARTERS • CLOTHING OTHER THAN CERTAIN UNIFORMS • SPOUSAL TRAVEL • SEASON TICKETS EXAMPLES OF EXCLUDED FRINGES • Accident and health plans • achievement awards • athletic facilities • de minims fringes • dependent care asst. programs • educational assist • employee discounts • Group-term life • lodging on employer’s premises • moving expenses reimbursements • no-additional cost services • tuition reduction • working condition fringes TAXATION OF BENEFITS • ALL REMUNERATION, CASH OR NONCASH, ARE CONSIDERED GROSS INCOME UNLESS SPECIFICALLY EXEMPT BY LAW. (IRC 61) • BUSINESS PORTION MAY BE EXCLUDED AS A “WORKING CONDITION” FRINGE BENEFIT...(IRC 132) • PROVIDED THE RECORDKEEPING REQUIREMENTS OF IRC 274 ARE MET. Automobiles • PERSONAL USE CONSTITUTES WAGES • VALUATION METHODS: Cents per mile ($.565/Mile 2013) Commuter rule ($1.50 each way/day) Annual Lease Valuation CENTS-PER-MILE • FMV of auto must be less than $16,000 for automobile; $17,000 for truck - 2013 • At Least 50 Percent Of Annual Mileage Must Be For Business Use • Must Be Actually Driven At Least 10,000 Miles Per Year (May Be All Personal Miles) • Used During The Year Primarily By Employees. COMMUTER RULE • Must own or lease vehicle and provide vehicle to one or more employees • Auto must be provided for bona fide noncompensatory reasons – i.e., on-call • Must have written policy that prohibits personal use other than commuting or de minims personal use. • Cannot be used for Control employee • Government Control employee is any elected official or employee whose salary exceeds $145,700 for 2011. ANNUAL LEASE VALUATION • Annual Lease Value Table provides annual lease amount based on the fair market value of the automobile. • Prorate annual lease amount based on percentage of personal use. • Additional $.055 mile charged for each personal mile if employer provides fuel. • Records must be maintained to show total miles and personal or business use. • Employer may elect to tax 100% personal. Exempt Vehicles • Clearly Marked Police or Fire Vehicles • Unmarked Police Cars * • Ambulances or Hearses • Large Trucks • School Buses EMPLOYEE EXPENSE REIMBURSEMENT PLANS: Must have an “Accountable Plan” MUST MEET ALL THREE RULES TO BE ACCOUNTABLE: • Have a Business Connection • Be Substantiated by the Employee • Return of Excess Reimbursements REIMBURSEMENTS THAT MAY BE WAGES: • AUTOMOBILE EXPENSE REIMBURSEMENTS • MEALS • LODGING • CLOTHING • MATERIALS AND TOOLS • MOVING EXPENSES NON-ACCOUNTABLE PLANS EXPENSES ARE NOT SUBSTANTIATED TO YOU WITH DOCUMENTS, SUCH AS RECEIPTS. ADVANCES ARE NOT ACCOUNTED FOR AND/OR AMOUNTS IN EXCESS ARE NOT RETURNED TO YOU WITHIN A REASONABLE PERIOD OF TIME. REASONABLE PERIOD OF TIME IS WITHIN 120 DAYS. EMPLOYEE ALLOWANCES Types of Allowances • • • • • Car Allowance Uniform Allowance Moving Allowance Travel Advance Tool Allowance Cell Phones and Computers • Computers are considered “listed property” • Must account for personal use • Personal use taxable wages • Wages subject to all employment tax • NOTE: Cell phones are no longer considered “listed property” – must be noncompensatory reasons Supper Money • Must be paid to enable employee to work overtime • Based on hours worked - Taxable wages • Subject to all employment taxes Longevity Pay • Report on Form W-2 • Do NOT report on Form 1099-Misc • Subject to all employment taxes Reimbursement Personal Expenses • Payment for meals, not away overnight - Personal • Uniforms must be qualified • Plain clothes detectives - reimbursed for torn suit - Personal Resources • • • • • Publications 15, 15A, 15B IRC Section 3121 Payroll Management Guides NC 218 Coordinator Internal Revenue Service Idaho FSLG Specialist • Chris Casteel • Phone: 208-363-8818 • Fax: 208-387-2849 • E-mail: • chris.k.casteel@irs.gov • Address: • 550 West Fort • Boise, ID 83724 •.