TOPIC: Taxable Fringe Benefits OFFICE: Department of Finance and Management QUESTION / ISSUE: STATE: VA DATE: 02/05/2014 I would like to ask if states would be willing to share any policies or other related guidance they have developed pertaining to the reporting of Taxable Fringe Benefits. I am most specifically interested in how they handle commuting with state owned vehicles. Anyone that is willing to share can send the information directly to me. State Alaska Comments Alaska sends out a notice every year regarding the use of state owned vehicles; which I have copied and pasted here. Additionally, if the Division of Finance becomes aware of any vehicle usage, we reach out to that department to ensure it is being reported properly. Good morning, The annual memorandum regarding employee’s personal use of a state owned vehicle has been updated and posted on the Division of Finance web page. Letter to State of Alaska Vehicle Users – Personal Use of State Vehicles http://doa.alaska.gov/dof/payroll/resource/personal_use_state_vehicles.pdf This letter explains that personal use of a state vehicle is a taxable benefit to the employee and must be reported on an employee’s W-2. It outlines the employee’s responsibility to keep adequate records to provide evidence of the use (business/personal), and the various valuation methods that are acceptable by the IRS. Please also review the following two links for additional information regarding vehicle usage. The first is a link to the Alaska Administrative Manual fringe benefit section and the second is a link to the Department of Transportation and Public Facilities policies related to the use of state vehicles. AAM 320.300 – State Vehicle Usage http://doa.alaska.gov/dof/manuals/aam/resource/320.pdf DOTPF Policies and Procedures – Chapter 11 Statewide Equipment Fleet Section 11.04.010 Use and Storage of State Vehicles and Equipment (Includes Attachments A – E) http://www.dot.state.ak.us/admsvc/pnp/policy_and_procedures.shtml#11 Please forward this email to your employees utilizing state vehicles to ensure that they are aware of the policies surrounding the use of state provided vehicles, the documentation required and the taxable consequences surrounding the use of those vehicles. I appreciate your assistance to ensure the State of Alaska is in compliance with the tax rules regarding vehicle usage. State Arizona Comments Arizona does not have any stand-alone statewide policy regarding the reporting of taxable auto usage (or the criteria for determining if or how much is taxable) of state owned vehicles. We endeavor to comply with and therefore refer state agencies to the IRS Publication 15-B http://www.irs.gov/pub/irs-pdf/p15b.pdf (pages 22-24) for guidance in this area. State agencies that would have taxable transactions for an employee’s use of a state owned vehicle would record it as taxable income in the payroll system for the applicable employees. I have attached some more operational-type policy information from two of our state agencies. “Use of State Vehicle” – See #17 (I have also attached the form) “SUP031 24 Hour Vehicle” – This policy was last reviewed in 2008. Use of State Vehicle.doc Delaware Mothly Domicile Report.doc The state of Delaware Vehicle Usage policy is attached. Delaware Employer_Provided Vehicle Usage Policy.pdf Iowa Iowa’s policy on the use of state owned vehicles for personal use can be found at: http://das.sae.iowa.gov/internal_services/manual_docs/210-130.pdf. State Kentucky Comments Kentucky employs two methods to assess and report the vehicle use taxable benefit for employees with assigned state vehicles: the commuting rule and annual lease valuation. For most commonwealth of Kentucky employees assigned a state vehicle, the commonwealth applies the commuting rule to determine the taxable benefit, reporting a taxable benefit value of $1.50 per one-way trip. Affected employees report the number of trips on their timesheet each payperiod, which is certified with their signature and date. The human resource administrator for the agency calculates and enters the value of these trips into the payroll system using a wage type designated for reporting employee vehicle use taxable benefit. Elected officials in the Executive Branch who have employment tax responsibilities for their take home vehicles employ the annual lease valuation method. When the elected officials take their assigned vehicles home, they are responsible for including the value of the commuting and personal miles, including a gasoline assessment, as a taxable fringe benefit. Each quarter, month, or payperiod, each elected official reports his or her personal mileage. The fringe benefit is calculated based on the annualized lease value and IRS formulas. The total is submitted for inclusion in the taxable wages for W-2 reporting. The annual leave valuation rule is based upon the fair market value of the vehicle and is determined under the annual lease value table provided by the IRS. The fair market value of the car, for purposes of calculating the annual lease value, may be deemed to be the employer’s cost of purchasing the car in an arm’s length transaction. This would include such expenses as taxes and title fees. The fair market value may also be determined by using the retail value of such car as reported in a nationally recognized publication that reports retail car values, such as the Kelley Blue Book. The IRS table is based on a four-year lease term. The annual lease value determined from the table remains in effect for the period that begins with the first date the valuation rule is applied by the employer and ends on December 31 of the fourth full calendar year following that date, if the car continues to be available to the employee. At the beginning of the fifth year (and every four years thereafter) the annual lease value must be re-determined based upon the fair market value of the car on January 1 of that year. A recalculation must also be made if a car is transferred to another employee, based on the fair market value as of January 1 of the year of the transfer. Maintenance and insurance are included in the annual lease value table because it is assumed that the employer provides these services. The annual lease value table does not include the value of any fuel provided by the employer. This fuel may be calculated at fair market value or 5.5 cents per mile driven. This must be included in the employee’s taxable wages. We recommend the use of a form, given to each elected official who is assigned a state vehicle, for reporting the information needed to arrive at the personal use value of the stateowned vehicle for purposes of calculating the taxable fringe benefit. Once the elected official returns the form to the human resource administrator, the taxable benefit is calculated and entered into the payroll system using a wage type designated for reporting employee vehicle use taxable benefit. A copy of the calculation is provided to the elected official by the human resource administrator, and the official is advised of what schedule (per payperiod, monthly, or quarterly) the reporting will follow. State Massachusetts Comments Payroll - Process Non-cash Car Benefits Introduction: Each year, the commonwealth reports its motor vehicle commuting use during the period from November 1st through October 31st. Employees who commute in commonwealth provided vehicles must report only if they have had 15 or more non-exempt commutes during the November through October period. Each eligible commute has a cash value of $1.50. Entering a non-cash car benefit allowance is a one-time annual process. Commutes during the period of November 1st to October 31st are entered into the system using the Additional Pay page. Note: This benefit does not increase the individual's federal and state taxes withheld in the current paycheck. It does add to federal and state gross taxable wages and is subject to tax for Medicare (if applicable), UI and UHI. Attached please note our complete job aid for processing non cash car benefits as well as the Required Fringe Benefit for Tax Reporting for Tax Year 2013 and a car fringe benefit validation CTR performs as part of our Year End Validation. Payroll - Process Non-cash Car Benefit.doc Michigan Fringe Benefit reporting 2013 -Auto.doc car validation 2013.docx Please see links to state of Michigan State Owned Vehicle policies. The logs are used to record personal use of vehicle in our payroll system. http://michigan.gov/documents/dmb/0410.02_182324_7.pdf http://michigan.gov/documents/dmb/0410.03_182325_7.pdf Minnesota Here is the Minnesota policy on Reporting Personal Use of Employer-Provide Vehicles for Tax Purposes. PAY0019 Reporting Personal Use of Employer-Provided Vehicles for Tax Purposes.docx State Nebraska Comments Commuting - The IRS defines commuting as the use of a vehicle for travel in any of the following situations. From the employee’s: 1) 2) Regular place of employment to the employee's residence. Residence to regular place of employment. A. Commuting expenses are defined by the Internal Revenue Service as those expenses incurred in traveling from one's residence to one's regular place of employment and one's regular place of employment to one's residence, no matter how often this occurs during a day. These are considered personal expenses and are, therefore, unallowable expenses when using a non-state vehicle. B. Expenses incurred in traveling from one's residence to a temporary work location are not considered commuting expenses and are reimbursable when using a non-state vehicle. C. According to regulations issued by the Internal Revenue Service, certain responsibilities are required of employers who have employees that use state vehicles for commuting purposes. The regulation provides that a value of $1.50 for one way commute ($3.00 for round trip commute) be added to the employee’s income. Social Security taxes must be withheld on this income at least once a year. Federal and state income taxes need not be withheld, although the income will be included on the employee’s W-2. Each agency is responsible for maintaining the necessary supporting documentation and correctly entering the withholding into the Nebraska Information System (ENTERPRISEONE). State Accounting may ask to review such supporting documentation at any time. Use of a state vehicle for commuting is recorded in the payroll system by using Pay Type 530. A “one-way” commute would be entered as .50 hours; a round trip commute would be entered as one hour. Two round trip commutes in one day would be recorded as two hours. Commuting adjustments must be processed during the calendar year payroll and can be entered as they occur or on a quarterly, semi-annual or annual basis. The entry is subject to Social Security and the employee’s Social Security deduction will increase on their payroll when the entry is processed. A de minimis exception, (which means we do not have to report usage), is allowed when an employee does not use an employer provided vehicle in a commuting capacity more than once a month. The regulations also provide that where more than one employee commutes in the same employer provided vehicle, each employee is subject to the $1.50/$3.00 income value. IRS regulations provide that an employer may use a cutoff date prior to the calendar year end to ease the processing of current year’s W-2s. State Accounting has established a November 30th cutoff date which allows sufficient time to collect the necessary data and process the required paperwork in December. Generally, a state employee whose home is their official office would not incur any commuting income. State New Jersey Comments Here are the Circulars for Taxable Fringe Benefits from New Jersey. life insurance circular.pdf Pennsylvania vehicle circular.pdf Management Directive 315.20 - Taxability of the Use of State-Provided Vehicles 05/01/2013 http://www.portal.state.pa.us/portal/server.pt/gateway/PTARGS_0_2_785_711_0_43/http%3 B/pubcontent.state.pa.us/publishedcontent/publish/global/files/management_directives/financ ial_management/315_20.pdf Texas Because each state agency in Texas is a separate employer for tax reporting purposes, there is no state policy or guidance on reporting of taxable fringe benefits related to commuting with state owned vehicles. Utah Here is a copy of our policy. State Vehicle Usage Policy.pdf Virginia Here is a link to Virginia’s policy on using state vehicles. The link takes you to the Office of Fleet Management Policies & Procedures issued by the Department of General Services. They are responsible for setting the policy on commuting with a state-owned vehicle. The section on commuting begins on page 13. http://www.dgs.virginia.gov/LinkClick.aspx?fileticket=Wc0oOVxAxlA%3d&tabid=173