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4/8/2015
1
Linda Dailey,
Payroll Compliance Supervisor
Fairfax County Government
(703) 324‐9413
Fair Market Value (FMV)
Non‐taxable Fringe BenefitsWorking Condition Fringe
No additional cost services
Qualified Employee Discounts
Qualified Transportation FringesTransit Passes
Qualified Parking
Bicycle Commuting Method
Personal Use of Employer Provided VehicleCommuting Valuation Method
Annual Lease Valuation Method
Cents Per Mile
Personal Use of Employer provided Aircraft
Additional Employee Provided BenefitsDiscounts or Free Services
Club Membership
Life Insurance Group Term Life (GTL)
Dependent group term life insurance
Whole Life Insurance
Long Term Care Insurance
Moving/Relocation
Educational Assistance
Adoption Assistance
Flexible Spending Account
Dependent Care
Meals and Lodging
Employee Business Travel Reimbursement
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Gifts
Awards
Gross‐ups
Equipment Allowance
Loans to Employees
Uniform Allowances
Medical Savings Accounts (MSA)
Health Savings Accounts
Health Reimbursement Arrangements (HRA)
Retirement Plans 401(k)
403(b)
457(b)
Simplified Employee Pension 408(k)
Workers Compensation
Sick Pay
Deceased Employees
IFBA‐ Includable Fringe Benefit AmountFMV – Fair Market ValueEPA‐ Employee amount paid with after tax dollarsAEL‐ Amount Excluded by Law
IFBA= FMV‐(EPA+AEL)
Fringe Benefits considered under Internal Revenue Code 132 are:No Additional Cost Services
Qualified Employee Discounts
Working Condition Fringes
De minimis Fringes
Qualified Transportation Benefits
On‐premise athletic facilities
Qualified Moving Expense Reimbursements
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No Cost Additional ServicesService offered for sale to customers
No additional Cost
Qualified Employee DiscountsCant exceed gross profit
Service offered for sale to customers
Working Condition Fringes:Business Use of a company car or airplane
Chauffer or Bodyguard provided for protection
Dues and Membership fees for a professional organizations
Subscriptions to new papers or business magazines
What is considered a De minimis Fringe Benefit ?
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Some ideas that are considered De minimis Fringes are :Typing personal letters
Use of the Copier Machine
Occasional Parties for staff
Occasional Tickets to theater or sporting events
Holiday Gifts (turkey or candies)
Coffee and Doughnuts
Personal Use of company telephone
In‐kind Meals
Commuter Highway Vehicle
Transit Passes
Qualified Parking
Bicycle Commuting
Commuter Highway Vehicle Hold at least 6 people
Exclude up to $120
80% of mileage must be used commuting between home and work
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Transportation benefits exclusion limits for 2015 are: $130 per month for:
transit passes,
vouchers or fare cards
for reimbursement by the employer
$250 per month for: qualified parking expense
IRS Notice 2015‐2
Example:
The employer pays for parking for their employee in a parking garage next to the building. The monthly cost of that parking is $300. The employee pays nothing and has access to the space daily. What if any amount of this is taxable?
A. $300
B. $250
C. $50
D. None
The answer is C. This employee would have $50 taxable income added to his income each month.
Qualified Bicycle Commuting Reimbursement$20 per month
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Special valuation methods: Commuting Valuation Method
Annual Lease Valuation Method
Cents‐per‐mile Method
Which one do you use?
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Mileage Test
Business standard mileage rate of 57.5 cents per mile
FMV of the car can not exceed $16,000 for cars or $17,500 for trucks or vans placed in service in 2015
Example:
Your employee drives the company provided vehicle 15,000 miles during the year. Of that mileage 7,600 of that was for personal use.
7600 personal miles x $.575 = $4,370.00
If the employee paid for their own fuel you deduct the 5.5 cents per mile.
7600 personal miles x ($.575 ‐.055) $.52 = $3,952.00
This is the easiest method to administer
Allows the employer to charge$1.50 per one way commute
$3.00 per round trip
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FMV of vehicle the day it is put into service.
“Blue Book” if leased vehicle
IRS Annual Lease Value Table.
Special Accounting Rule
Let’s look at an example
Example:The employee drives the vehicle for both personal and business usage. The employee drove 15,000 miles per year of which 12,000 was for business use and the remaining 3,000 was
personal miles. The cars fair market value is $16,200.
IRS Annual Lease Table 14,000 to 14,999................... 4,100
15,000 to 15,999................... 4,350
16,000 to 16,999................... 4,600
17,000 to 17,999................... 4,850
Percentage of personal miles = 3000/15000= 20%
Fair Market Value of personal Use = $4,600 x 20% = $920.00
Business Travel
Personal Travel
General Valuation Rule
Non‐commercial flight valuation rule[(SIFL x mileage) x weight‐based aircraft multiple] + terminal charge = value of benefit
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Discounts on Property or ServicesEmployee discounts qualify as a non‐taxable fringe benefit with some exclusions
Club Membership Must be substantiated
Could be a tax deductible by employee
Example:The employer provides the employee with a country club membership that is valued at $10,000 and the employer does not treat the payment of the business related portion of the dues as wages. The employee substantiates that they used the club 60% of the time for business purposes. Lets calculate the personal use of the club.
$10,000.00 x .60 = $6,000.00 Business Usage
$10,000.00 ‐ $6,000.00= $4,000.00 Personal Usage (should be included in income)
Group Term Life Insurance Over $50,000 is included in income unless:
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Dependent Group Term Life Up to $2000 in coverage
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Scenario #1
An Employee is 36 years old has a salary of $70,000 per year he is paid monthly and he receives 2 times his salary as a company paid benefit, what is his taxable imputed income for this benefit?
Scenario #1 Calculation
70,000 x 2 = 140,000
140,000 – 50,000 = 90,000
90,000 / 1,000 = 90
90 x .09 = 8.10 (per month)
Scenario #2
An employee is 45 years old, has a salary of $82,000 per year, and receives a benefit of two times his salary. This employee is paid bi‐weekly and has a deduction of $3.00 per pay period in after tax dollars and the remainder is paid by the employer. What is the imputed income for this employee each pay period?
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Scenario #2 Calculation
82,000 x 2 = 164,000
164,000 – 50,000 = 114,000
114,000 / 1000 = 114
114 x .15 = 17.10 (per month)
17.10 x 12 months = 205.20
205.20 / 26 pay periods = 7.90
7.90 – 3.00 (after tax deduction) = 4.90 per pay period imputed income
Whole Life InsurancePolicies for Whole or Straight Life
Taxability is determined by who the beneficiary of the policy is.
Considered Accident and Health Insurance Contracts
Per Diem Payments
Not part of a Cafeteria 125
Qualifications
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What are the two tests must be met before moving expense reimbursements can be excludable from income?
Distance Test
Time test.
If either of these tests failed then all expenses that are reimbursed are taxable income to the employee.
What are deductible moving expenses?Transportation of Household goods
Storage for up to 30 days
Traveling from former to new home
What about other expenses?
Employer pays to Third PartyQualified moving expense
Does not have to be recorded or reported
Non‐qualified
Report on Form W‐2, Boxes 1,3,5 Boxes 16,18 (if applicable)
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Job Related Educational AssistanceNo limit
Non‐taxable as long as certain conditions are met
Non‐Job Related Educational AssistanceLimited to $5250 per year.
Adoption Assistance limit for 2015 is $13,400
Eligible Child
Phase out for the Adjusted Gross income $201,010 to $241,010
Qualified expenses
W‐2 Box 12‐ Code T
Example:
The employer paid $15,000 in 2015 for a qualified adoption expense on behalf of one if it’s employees. The employee and her spouse do not reach the income limitations for 2015.
In 2015 this employee can have $13,400 excluded from income, but must include the remaining $1,600 as income in 2015
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Funded through salary deductions
Designation at the beginning of the plan year
Contribution limit for 2015 $2550
Use it or Lose it
$5,000 Limit
Must be necessary
Eligible and Ineligible Expenses
When the expense is incurred
On Site Facility (Day Care Center)
Example:
The employer has an on‐site child care facility for its employees. Its direct operating cost for 2015 is $100,000 and the number of children it could care for at any one time is 30. The Daycare center was open for 220 days during 2015. A employee brought her child to his facility on 200 days during 2015. Here is how you determine the value you of the benefit for the employee:
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Direct Cost x 125%=$100,000 x 1.25 = $125,000
$125,000 / total child capacity=$125,000 / 30 = 4166.67
$4,166.67 / number of days facility was open=$4,166.67 / 220 = $18.94
$18.94 x number of days employee used the center:$18.94 x 200 =$3,788.00
Meals:Non‐Taxable if
Served on employer’s premises
Convenience of Employer
Lodging:Non Taxable if
On the employer’s premises
Furnished for employers convenience
Accountable or Non Accountable Plan
Away from Home
Temporary
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Reimbursement of daily transportation expense
Advances
Spousal Travel
De minimis
Holiday gifts
Gift Certificates or Gift Cards?
What about those gifts and prizes given out at Holiday Parties? What do we do with those?
Outstanding Achievement Awards
Length of Service Awards
Safety Awards
Civic and Charitable Award
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Basic Gross‐up Calculator
The employee receives a bonus for $25,000.00. The employees YTD wages are $112,500.00 for 2015. The employee lives in a state with no state income tax. What is the grossed up amount of the bonus?
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Allowances for employees who use their own tools
No allowances if paid to all employees
Things you need to know to determine taxability:Interest Rate charged vs Federal Interest Rate
Amount of the Loan
Repayment of the Loan
Cost of purchasing or maintaining uniforms
Requires Substantiation
Cant be worn as street clothes
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Covered Employees
Eligible Employees
Deductibles
Tax Treatment and Limitations
Example:
The employee earned $25,000 from his employer in 2015. Through this employer, the employee had an HDHP for his family for the entire year. The annual deductible was
$5,000. He can contribute up to $3,750 to his Archer MSA
(75% × $5,000). He can contribute the full amount be‐
cause he earned more than $3,750 during the year.
Tax Exempt Trust or Custodial Account
Annual Deductibles Minimums
Out of Pocket Expenses
High Deductible Health Care Plan (HDHP)
Cover Qualified Medical Expenses
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Employee and Employer can contribute
Catch‐up Contribution
2015 Contribution LimitsSelf Only Coverage
Family Coverage
Distributions Allowable
Employer Paid
Carry Forward
Requires Substantiation
Plan Differences401k
open to all companies with a qualified plan
403Bopen to public schools, tax‐exempt charitable, religious and educational organizations.
457 open to state and local governments and tax‐exempt organizations other than churches
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Simplified Employee Pension 408(k)Employers contribute on behalf of employee
Percentage of Compensation
Employee Participation
Only open to certain employers
Wage limit of $265,000 for 2015
Contribution limit of $18,000 for 2015
Catch up contribution limit of $6,000 for 2015 for those age 50 and over
Total Contributions limit of $53,000 for 2015
Special Provisions:403BCan contribute an additional amount if you have at least 15 years of service
457(b)3 years prior to the plans normal retirement age employees may defer up to twice the limit or current years limit and the limits from the previous 3 years minus any deferrals in those years.
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Benefit payments made while on workers compensation are not included in income and are not subject to income tax.
This applies only for compensation received for injuries or illness suffered while on the job.
If the employer compensates employees over and above the workers compensation payment, those amounts are taxable and you must withhold taxes.
Is it taxable?Generally employers provide their employees with sick time off for brief illnesses. That compensation is taxable.
When would sick leave not be taxable?For Long term illness
Third Party PayersPayments made by an Employers Agent
They administer the disability plan The employer retains responsibility for taxes unless it enters into an agreement with the agent that they will take responsibility
Payments made by a third party non agentAssumes a greater role as far as tax responsibilityThey do not withhold Federal Income tax unless they receive a W‐4S from the employee directing them to do so
They are responsible for the employer portion of SS and Medicare
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Check State Law Before Proceeding!
Employee dies before cashing their paycheckEmployer should reissue the check to the employee’s personal representative/estate
Same net amount
Reported on the employee’s Form W‐2
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Employee dies and the final payment is in the same year as deathPaid to the estate or legal representative
Not subject to federal income tax withholding
Subject to social security, Medicare and FUTA
Reported on Form W‐2 Name of the employeeReport only in: Box 3 (SS Taxable
Wages) Box 4 (SS Tax Withheld) Box 5 (Medicare Taxable
Wages) Box 6 (Medicare Tax
Withheld)
Reported on Form 1099‐MISC
Name of BeneficiaryBox 3 (Other Income)
Wages paid after the year of deathNot subject to any federal income taxes
ReportingForm 1099‐MISC
Name of beneficiary
Box 3 (Other Income)