us internal revenue service: p15b--2005

8/14/2019 US Internal Revenue Service: p15b--2005

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ContentsDepartment of the TreasuryInternal Revenue Service Whats New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Publication 15-B 1. Fringe Benefit Overview . . . . . . . . . . . . . . . . . . . 2(Rev. January 2005) Are Fringe Benefits Taxable? . . . . . . . . . . . . . . . 2Cat. No. 29744N Cafeteria Plans . . . . . . . . . . . . . . . . . . . . . . . . . . 2

2. Fringe Benefit Exclusion Rules . . . . . . . . . . . . . 3

Accident and Health Benefits . . . . . . . . . . . . . . . 4

Employers Achievement Awards . . . . . . . . . . . . . . . . . . . . . 5Adoption Assistance . . . . . . . . . . . . . . . . . . . . . . 6Athletic Facilities . . . . . . . . . . . . . . . . . . . . . . . . . 6Tax Guide to De Minimis (Minimal) Benefits . . . . . . . . . . . . . . . 6Dependent Care Assistance . . . . . . . . . . . . . . . . 7Educational Assistance . . . . . . . . . . . . . . . . . . . 7Employee Discounts . . . . . . . . . . . . . . . . . . . . . . 8FringeEmployee Stock Options . . . . . . . . . . . . . . . . . . 8Group-Term Life Insurance Coverage . . . . . . . . . 9Lodging on Your Business Premises . . . . . . . . . 11BenefitsMeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Moving Expense Reimbursements . . . . . . . . . . . 13No-Additional-Cost Services . . . . . . . . . . . . . . . . 13For Benefits ProvidedRetirement Planning Services . . . . . . . . . . . . . . . 14in 2005 Transportation (Commuting) Benefits . . . . . . . . . 14Tuition Reduction . . . . . . . . . . . . . . . . . . . . . . . . 15Working Condition Benefits . . . . . . . . . . . . . . . . . 16

3. Fringe Benefit Valuation Rules . . . . . . . . . . . . . 17General Valuation Rule . . . . . . . . . . . . . . . . . . . 17Cents-Per-Mile Rule . . . . . . . . . . . . . . . . . . . . . . 17Commuting Rule . . . . . . . . . . . . . . . . . . . . . . . . . 18Lease Value Rule . . . . . . . . . . . . . . . . . . . . . . . . 19Unsafe Conditions Commuting Rule . . . . . . . . . . 21

4. Rules for Withholding, Depositing, andReporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

How To Get Forms and Publications . . . . . . . . . . . 23

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Whats New

Cents-per-mile rule. The standard mileage rate you canuse under the cents-per-mile rule to value the personal useof a vehicle you provide to an employee in 2005 is in-creased to 40.5 cents a mile. See Cents-Per-Mile Ruleinsection 3.

Employee stock options Section 251 of the AmericanJobs Creation Act of 2004 provides that wages for socialGet forms and other informationsecurity, Medicare, and federal unemployment taxes dofaster and easier by: not include remuneration from exercising an incentivestock option or an employee stock purchase plan optionInternet www.irs.govafter October 22, 2004, or from any disposition of stock

FAX 7033689694 (from your fax machine) acquired by exercising such an option. Federal income taxwithholding is not required on income from a disqualifyingdisposition of stock acquired by exercising an incentivestock option or an employee stock purchase plan option

TM

for Business after October 22, 2004, or on income from any dispositionwww.irs.gov/efile of stock acquired by exercising an employee stock

purchase plan option after October 22, 2004, equal to the


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discount portion of stock acquired by exercising the option. services. That person may be the recipient even if theSee Employee Stock Optionsin section 2. benefit is provided to someone who did not perform serv-

ices for you. For example, your employee may be theIncrease in qualified parking exclusion and commuter recipient of a fringe benefit you provide to a member of thetransportation benefit. For 2005, the monthly exclusion employees family.for qualified parking increases to $200 and the monthlyexclusion for commuter highway vehicle transportation

Are Fringe Benefits Taxable?and transit passes increases to $105. See Qualified Trans-portation Benefitsin section 2.

Any fringe benefit you provide is taxable and must beincluded in the recipients pay unless the law specifically

excludes it. Section 2 discusses the exclusions that applyIntroduction to certain fringe benefits. Any benefit not excluded underthe rules discussed in section 2 is taxable.This publication supplements Publication 15, (Circular E),

Employers Tax Guide, and Publication 15-A, Employers Including taxable benefits in pay. You must include in aSupplemental Tax Guide. It contains specialized and de- recipients pay the amount by which the value of a fringetailed information on the employment tax treatment of benefit is more than the sum of the following amounts.fringe benefits.

Any amount the law excludes from pay.Comments and Suggestions. We welcome your com-

Any amount the recipient paid for the benefit.ments about this publication and your suggestions forfuture editions. You can email us while visiting our website The rules used to determine the value of a fringe benefitat www.irs.gov. You can write to us at the following ad- are discussed in section 3.dress:

If the recipient of a taxable fringe benefit is your em-Internal Revenue Serviceployee, the benefit is subject to employment taxes and

TE/GE Forms and Publications Branch must be reported on Form W-2, Wage and Tax Statement.SE:W:CAR:MP:T:THowever, you can use special rules to withhold, deposit,1111 Constitution Ave. NW, IR-6406and report the employment taxes. These rules are dis-Washington, DC 20224cussed in section 4.

If the recipient of a taxable fringe benefit is not yourWe respond to many letters by telephone. It would beemployee, the benefit is not subject to employment taxes.helpful if you would include your daytime phone number,However, you may have to report the benefit on one of theincluding the area code, in your correspondence.following information returns.

Photographs of missing children. The Internal Reve-If the recipientnue Service is a proud partner with the National Center forreceives the benefit as: Use:Missing and Exploited Children. Photographs of missing

children selected by the Center may appear in this publica- An independent contractor Form 1099-MISCtion on pages that would otherwise be blank. You can help

A partner Schedule K-1 (Formbring these children home by looking at the photographs1065)and calling 1-800-THE-LOST (1-800-843-5678) if you rec-

ognize a child.For more information, see the instructions for the formslisted above.

1. Fringe Benefit OverviewCafeteria Plans

A fringe benefit is a form of pay for the performance ofA cafeteria plan, including a flexible spending arrange-services. For example, you provide an employee with ament, is a written plan that allows your employees tofringe benefit when you allow the employee to use achoose between receiving cash or taxable benefits insteadbusiness vehicle to commute to and from work.of certain qualified benefits for which the law provides an

Performance of services. A person who performs serv- exclusion from wages. If an employee chooses to receive aices for you does not have to be your employee. A person qualified benefit under the plan, the fact that the employeemay perform services for you as an independent contrac- could have received cash or a taxable benefit instead will

tor, partner, or director. Also, for fringe benefit purposes, not make the qualified benefit taxable.treat a person who agrees not to perform services (such as Generally, a cafeteria plan does not include any planunder a covenant not to compete) as performing services. that offers a benefit that defers pay. However, a cafeteria

plan can include a qualified 401(k) plan as a benefit. Also,Provider of benefit. You are the provider of a fringe certain life insurance plans maintained by educational in-benefit if it is provided for services performed for you. You stitutions can be offered as a benefit even though theymay be the provider of the benefit even if it was actually defer pay.furnished by another person. You are the provider of afringe benefit your client or customer provides to your Qualified benefits. Qualified benefits include the follow-employee for services the employee performs for you. ing benefits discussed in section 2.

Recipient of benefit. The person who performs services Accident and health benefits (but not medical sav-for you is the recipient of a fringe benefit provided for those ings accounts or long-term care insurance).

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Adoption assistance. 3. An employee who is highly compensated based onthe facts and circumstances.

Dependent care assistance.4. A spouse or dependent of a person described in (1),

Group-term life insurance coverage (including costs(2), or (3).

that cannot be excluded from wages).

Plans that favor key employees. If your plan favors keyBenefits not allowed. A cafeteria plan cannot include employees, you must include in their wages the value ofthe following benefits discussed in section 2. taxable benefits they could have selected. A plan favors

key employees if more than 25% of the total of the nontax- Archer medical savings accounts. (See Accident andable benefits you provide for all employees under the planHealth Benefits.)go to key employees. However, a plan you maintain under

Athletic facilities. a collective bargaining agreement does not favor key em-ployees. De minimis (minimal) benefits.

A key employee during 2005 is generally an employee Educational assistance. who is either of the following.

Employee discounts.1. An officer having annual pay of more than $135,000.

Lodging on your business premises.2. An employee who for 2005 was either of the follow-

Meals. ing.

Moving expense reimbursements. a. A 5% owner of your business.

No-additional-cost services. b. A 1% owner of your business whose annual paywas more than $150,000. Transportation (commuting) benefits.

Tuition reduction.More information. For more information about cafeteria

Working condition benefits.plans, see section 125 of the Internal Revenue Code andits regulations.

It also cannot include scholarships or fellowships (dis-cussed in Publication 970, Tax Benefits for Education).

Employee. For these plans, treat the following individuals 2. Fringe Benefit Exclusionas employees.

Rules A current common-law employee (see section 2 in

Publication 15, (Circular E), for more information). This section discusses the exclusion rules that apply tofringe benefits. These rules exclude all or part of the value A full-time life insurance agent who is a current stat-of certain benefits from the recipients pay.utory employee.

The excluded benefits are not subject to federal income A leased employee who has provided services to tax withholding. Also, in most cases, they are not subject toyou on a substantially full-time basis for at least a social security, Medicare, or federal unemploymentyear if the services are performed under your pri- (FUTA) tax and are not reported on Form W-2.mary direction or control. This section discusses the exclusion rules for the follow-

ing fringe benefits.Exception for S corporation shareholders. Do not

Accident and health benefits.treat a 2% shareholder of an S corporation as an employeeof the corporation for this purpose. A 2% shareholder for Achievement awards.this purpose is someone who directly or indirectly owns (at

Adoption assistance.any time during the year) more than 2% of thecorporations stock or stock with more than 2% of the Archer medical savings accounts.voting power.

Athletic facilities.

Plans that favor highly compensated employees. If De minimis (minimal) benefits.

your plan favors highly compensated employees as to Dependent care assistance.eligibility to participate, contributions, or benefits, you must

include in their wages the value of taxable benefits they Educational assistance.

could have selected. A plan you maintain under a collec- Employee discounts.tive bargaining agreement does not favor highly compen-

sated employees. Employee stock options.

A highly compensated employee for this purpose is any Group-term life insurance coverage.of the following employees.

Health savings accounts.1. An officer.

Lodging on your business premises.2. A shareholder who owns more than 5% of the voting

power or value of all classes of the employers stock. Meals.

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Moving expense reimbursements. Working condition benefits.

No-additional-cost services.See Table 21 for an overview of the employment tax

Transportation (commuting) benefits. treatment of these benefits.

Tuition reduction.

Table 21. Special Rules for Various Types of Fringe Benefits(For more information, see the full discussion in this section.)

Treatment Under Employment Taxes

Type of Fringe Benefit Income Tax Withholding Social Security and Medicare Federal Unemployment (FUTA)

Exempt1,2, except for certain Exempt, except for certain Exemptlong-term care benefits payments to S corporation

Accident and health benefitsemployees who are 2%shareholders.

Achievement awards Exempt1 up to $1,600 ($400 for nonqualified awards).

Adoption assistance Exempt1 Taxable Taxable

Exempt if substantially all use during the calendar year is by employees, their spouses, and theirAthletic facilities

dependent children.

De minimis (minimal) benefits Exempt Exempt Exempt

Dependent care assistance Exempt3 up to certain limits, $5,000 ($2,500 for married employee filing separate return).

Educational assistance Exempt up to $5,250 of benefits each year. (See Educational Assistanceon page 7.)

Employee discounts Exempt4 up to certain limits. (See Employee Discountson page 8.)

Employee stock options See Employee Stock Optionson page 8.

Exempt Exempt1,5 up to cost of $50,000 ExemptGroup-term life insurance

of coverage. (Special rules applycoverage

to former employees.)

Lodging on your business Exempt1 if furnished for your convenience as a condition of employment.premises

Exempt if furnished on your business premises for your convenience.Meals

Exempt if de minimis.

Moving expense reimbursements Exempt1 if expenses would be deductible if the employee had paid them.

No-additional cost services Exempt4 Exempt4 Exempt4

Exempt1 up to certain limits if for rides in a commuter highway vehicle ($105), transit passes ($105), orqualified parking ($200). (See Transportation (Commuting Benefits) on page 14.)Transportation (commuting)

benefitsExempt if de minimis.

Tuition reduction Exempt4 if for undergraduate education (or graduate education if the employee performs teaching orresearch activities).

Working condition benefits Exempt Exempt Exempt

1 Exemption does not apply to S corporation employees who are 2% shareholders. See page 3.2 Exemption does not apply to certain highly compensated employees under a self-insured plan that favors those employees.3 Exemption does not apply to certain highly compensated employees under a program that favors those employees.4 Exemption does not apply to certain highly compensated employees.5 Exemption does not apply to certain key employees under a plan that favors those employees.

Accident and Health Benefits Contributions to the cost of accident or health insur-ance.

This exclusion applies to contributions you make to an Contributions to a separate trust or fund that directlyaccident or health plan for an employee, including the

or through insurance provides accident or healthfollowing.benefits.

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Contributions to Archer MSAs or health savings ac- for this exclusion, you must include the value of accident orcounts (discussed in Publication 969, Health Sav- health benefits you provide to the employee in theings Accounts and Other Tax-Favored Health employees wages subject to federal income tax withhold-Plans). ing. However, you can exclude the value of these benefits

(other than payments for specific injuries or il lnesses) fromThis exclusion also applies to payments you directly or the employees wages subject to social security, Medicare,

indirectly make to an employee under an accident or health and FUTA taxes.plan for employees that are either of the following.

Exception for highly compensated employees. If Payments or reimbursements of medical expenses. your plan is a self-insured medical reimbursement plan

that favors highly compensated employees, you must in- Payments for specific injuries or illnesses (such as

clude all or part of the amounts you pay to these employ-the loss of the use of an arm or leg). The paymentsees in their wages subject to federal income tax

must be figured without regard to any period of ab-withholding. However, you can exclude these amounts

sence from work.(other than payments for specific injuries or il lnesses) fromthe employees wages subject to social security, Medicare,

Accident or health plan. This is an arrangement that and FUTA taxes.provides benefits for your employees, their spouses, and A self-insured plan is a plan that reimburses your em-their dependents in the event of personal injury or sick- ployees for medical expenses not covered by an accidentness. The plan may be insured or noninsured and does not or health insurance policy.need to be in writing. A highly compensated employee for this exception is

any of the following individuals.Employee. For this exclusion, treat the following individu-als as employees. One of the five highest paid officers.

A current common-law employee. An employee who owns (directly or indirectly) more

than 10% in value of the employers stock. A full-time life insurance agent who is a current stat-utory employee. An employee who is among the highest paid 25% of

all employees (other than those who can be ex- A retired employee.

cluded from the plan). A former employee you maintain coverage for based

on the employment relationship. For more information on this exception, see section105(h) of the Internal Revenue Code and its regulations.

A widow or widower of an individual who died whilean employee. COBRA premiums. The exclusion for accident and

health benefits applies to amounts you pay to maintain A widow or widower of a retired employee.

medical coverage for a former employee under the Com- For the exclusion of contributions to an accident or bined Omnibus Budget Reconciliation Act of 1986

health plan, a leased employee who has provided (COBRA). The exclusion applies regardless of the lengthservices to you on a substantially full-time basis for of employment, whether you directly pay the premiums or

at least a year if the services are performed under reimburse the former employee for premiums paid, andyour primary direction or control. whether the employees separation is permanent or tem-

porary.Exception for S corporation shareholders. Do not

treat a 2% shareholder of an S corporation as an employee Achievement Awardsof the corporation for this purpose. A 2% shareholder issomeone who directly or indirectly owns (at any time dur- This exclusion applies to the value of any tangible personaling the year) more than 2% of the corporations stock or property you give to an employee as an award for eitherstock with more than 2% of the voting power. length of service or safety achievement. The exclusion

does not apply to awards of cash, cash equivalents, giftExclusion from wages. You can generally exclude thecertificates, or other intangible property such as vacations,value of accident or health benefits you provide to anmeals, lodging, tickets to theater or sporting events,employee from the employees wages.stocks, bonds, and other securities. The award must meet

Exception for certain long-term care benefits. You the requirements for employee achievement awards dis-

cannot exclude contributions to the cost of long-term care cussed in chapter 2 of Publication 535, Business Ex-insurance from an employees wages subject to federal penses.income tax withholding if the coverage is provided througha flexible spending or similar arrangement. This is a benefit Employee. For this exclusion, treat the following individu-program that reimburses specified expenses up to a maxi- als as employees.mum amount that is reasonably available to the employee

A current employee.and is less than five times the total cost of the insurance.However, you can exclude these contributions from the A former common-law employee you maintain cover-employees wages subject to social security, Medicare, age for in consideration of or based on an agree-and federal unemployment (FUTA) taxes. ment relating to prior service as an employee.

S corporation shareholders. Because you cannot A leased employee who has provided services totreat a 2% shareholder of an S corporation as an employee you on a substantially full-time basis for at least a

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year if the services are performed under your pri- spouses, and their dependent children. For this purpose,mary direction or control. an employees dependent child is a child or stepchild who

is the employees dependent or who, if both parents areException for S corporation shareholders. Do not deceased, is age 24 or younger.

treat a 2% shareholder of an S corporation as an employeeOn-premises facility. The athletic facility must be locatedof the corporation for this purpose. A 2% shareholder ison premises you own or lease. It does not have to besomeone who directly or indirectly owns (at any time dur-located on your business premises. However, the exclu-ing the year) more than 2% of the corporations stock orsion does not apply to an athletic facility for residential use,stock with more than 2% of the voting power.such as athletic facilities that are part of a resort.

Exclusion from wages. You can generally exclude theEmployee. For this exclusion, treat the following individu-value of achievement awards you give to an employeeals as employees.from the employees wages if their cost is not more than

the amount you can deduct as a business expense for the A current employee.year. The excludable annual amount is $1,600 ($400 for

A former employee who retired or left on disability.awards that are not qualified plan awards). See chapter 2of Publication 535 for more information on the limit on A widow or widower of an individual who died whiledeductions for employee achievement awards. an employee.

To determine for 2005 whether an achievement A widow or widower of a former employee who re-award is a qualified plan award under the de- tired or left on disability.duction rules described in Publication 535, treatCAUTION

! A leased employee who has provided services toany employee who received more than $95,000 in pay for

you on a substantially full-time basis for at least a2004 as a highly compensated employee.year if the services are performed under your pri-

If the cost of awards given to an employee is more than mary direction or control.your allowable deduction, include in the employees wages

A partner who performs services for a partnership.the larger of the following amounts.

The part of the cost that is more than your allowablededuction (up to the value of the awards). De Minimis (Minimal) Benefits

The amount by which the value of the awards ex-You can exclude the value of a de minimis benefit youceeds your allowable deduction.provide to an employee from the employees wages. A de

Exclude the remaining value of the awards from the minimis benefit is any property or service you provide to anemployees wages. employee that has so little value (taking into account how

frequently you provide similar benefits to your employees)that accounting for it would be unreasonable or administra-Adoption Assistancetively impracticable. Cash, no matter how little, is neverexcludable as a de minimis benefit, except for occasionalYou must exclude all payments or reimbursements youmeal money or transportation fare.make under an adoption assistance program for an

Examples of de minimis benefits include the following.employees qualified adoption expenses from theemployees wages subject to federal income tax withhold- Occasional personal use of a company copying ma-ing. However, you cannot exclude these payments from chine if you sufficiently control its use so that at leastwages subject to social security, Medicare, and federal 85% of its use is for business purposes.unemployment (FUTA) taxes. For more information, see

Holiday gifts, other than cash, with a low fair marketPublication 968, Tax Benefits for Adoption.value.You must report all qualifying adoption expenses you

paid or reimbursed under your adoption assistance pro- Group-term life insurance payable on the death of angram for each employee for the year in box 12 of the employees spouse or dependent if the face amountemployees Form W-2. Use Code T to identify this is not more than $2,000.amount.

Meals. See Mealson page 11.

Employee. For this exclusion, do not treat a 2% share- Occasional parties or picnics for employees andholder of an S corporation as an employee of the corpora- their guests.tion. A 2% shareholder is someone who directly or

Occasional tickets for entertainment or sportingindirectly owns (at any time during the year) more than 2%events.of the corporations stock or stock with more than 2% of the

voting power. Transportation fare. See Transportation (Commut-ing) Benefitson page 14.

Athletic Facilities Occasional typing of personal letters by a company

secretary.You can exclude the value of an employees use of anon-premises gym or other athletic facility you operate froman employees wages if substantially all use of the facility Employee. For this exclusion, treat any recipient of a deduring the calendar year is by your employees, their minimis benefit as an employee.

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Form W-2. Report the value of all dependent care assis-Dependent Care Assistancetance you provide to an employee under a dependent careassistance program in box 10 of the employees Form W-2.This exclusion applies to household and dependent careInclude any amounts you cannot exclude from theservices you directly or indirectly pay for or provide to an

employee under a dependent care assistance program employees wages in boxes 1, 3, and 5.that covers only your employees. The services must be fora qualifying persons care and must allow the employee to Educational Assistancework. These requirements are basically the same as thetests the employee would have to meet to claim the depen- This exclusion applies to educational assistance you pro-dent care credit if the employee paid for the services. For vide to employees under an educational assistance pro-

more information, see Qualifying Person Test and gram. The exclusion also applies to graduate levelWork-Related Expense Testin Publication 503, Child and courses.Dependent Care Expenses.

Educational assistance means amounts you pay or in-cur for your employees education expenses. These ex-Employee. For this exclusion, treat the following individu-penses generally include the cost of books, equipment,als as employees.fees, supplies, and tuition. However, these expenses do

A current employee. not include the cost of a course or other education involv-ing sports, games, or hobbies, unless the education: A leased employee who has provided services to

you on a substantially full-time basis for at least a Has a reasonable relationship to your business, or

year if the services are performed under your pri-mary direction or control. Is required as part of a degree program.

Yourself (if you are a sole proprietor).Education expenses do not include the cost of tools or

A partner who performs services for a partnership. supplies (other than textbooks) your employee is allowedto keep at the end of the course. Nor do they include thecost of lodging, meals, or transportation.Exclusion from wages. You can exclude the value of

benefits you provide to an employee under a dependentcare assistance program from the employees wages if you Educational assistance program. An educational assis-reasonably believe that the employee can exclude the tance program is a separate written plan that providesbenefits from gross income. educational assistance only to your employees. The pro-

gram qualifies only if all of the following tests are met.An employee can generally exclude from gross incomeup to $5,000 of benefits received under a dependent care

The program benefits employees who qualify underassistance program each year. This limit is reduced torules set up by you that do not favor highly compen-$2,500 for married employees filing separate returns.sated employees. To determine whether your pro-However, the exclusion cannot be more than the earnedgram meets this test, do not consider employeesincome of either:excluded from your program who are covered by a

The employee, or collective bargaining agreement if there is evidencethat educational assistance was a subject of

The employees spouse.good-faith bargaining.

Special rules apply to determine the earned income of a The program does not provide more than 5% of itsspouse who is either a student or not able to care for

benefits during the year for shareholders or owners.himself or herself. For more information on the earnedA shareholder or owner is someone who owns (onincome limit, see Pub. 503.any day of the year) more than 5% of the stock or of

Exception for highly compensated employees. You the capital or profits interest of your business.cannot exclude dependent care assistance from the

The program does not allow employees to choose towages of a highly compensated employee unless the ben-receive cash or other benefits that must be includedefits provided under the program do not favor highly com-in gross income instead of educational assistance.pensated employees and the program meets the

requirements described in section 129(d) of the Internal You give reasonable notice of the program to eligible

Revenue Code.employees.For this exclusion, a highly compensated employee for

Your program can cover former employees if their employ-2005 is an employee who meets either of the followingment is the reason for the coverage.tests.

For this exclusion, a highly compensated employee for1. The employee was a 5% owner at any time during 2005 is an employee who meets either of the following

the year or the preceding year. tests.2. The employee received more than $95,000 in pay for

1. The employee was a 5% owner at any time duringthe preceding year.the year or the preceding year.

You can choose to ignore test (2) if the employee was not2. The employee received more than $95,000 in pay foralso in the top 20% of employees when ranked by pay for

the preceding year.the preceding year.

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You can choose to ignore test (2) if the employee was not For a discount on services, 20% of the price you

also in the top 20% of employees when ranked by pay forcharge nonemployee customers for the service.

the preceding year. For a discount on merchandise or other property,

your gross profit percentage times the price youEmployee. For this exclusion, treat the following individu-charge nonemployee customers for the property.als as employees.

A current employee. Determine your gross profit percentage based on allproperty you offer to customers (including employee cus- A former employee who retired, left on disability, ortomers) and your experience during the tax year immedi-was laid off.ately before the tax year in which the discount is available.

A leased employee who has provided services to To figure your gross profit percentage, subtract the totalyou on a substantially full-time basis for at least a cost of the property from the total sales price of the prop-year if the services are performed under your pri- erty and divide the result by the total sales price of themary direction or control. property.

Yourself (if you are a sole proprietor). Exception for highly compensated employees. Youcannot exclude from the wages of a highly compensated

A partner who performs services for a partnership.employee any part of the value of a discount that is notavailable on the same terms to one of the following groups.

Exclusion from wages. You can exclude up to $5,250 of All of your employees.educational assistance you provide to an employee under

an educational assistance program from the employees A group of employees defined under a reasonable

wages each year. classification you set up that does not favor highlycompensated employees.Assistance over $5,250. If you do not have an educa-

tional assistance plan, or you provide an employee withFor this exclusion, a highly compensated employee forassistance exceeding $5,250, you can exclude the value

2005 is an employee who meets either of the followingof these benefits from wages if they are working conditiontests.benefits. Property or a service provided is a working condi-

tion benefit to the extent that if the employee paid for it, the1. The employee was a 5% owner at any time duringamount paid would have been deductible as a business or

the year or the preceding year.depreciation expense. See Working Condition Benefits, onpage 15. 2. The employee received more than $95,000 in pay for

the preceding year.

Employee Discounts You can choose to ignore test (2) if the employee was notalso in the top 20% of employees when ranked by pay for

This exclusion applies to a price reduction you give an the preceding year.employee on property or services you offer to customers in

the ordinary course of the line of business in which the Employee Stock Optionsemployee performs substantial services. However, it doesnot apply to discounts on real property or discounts on

There are three kinds of stock optionsincentive stockpersonal property of a kind commonly held for investment

options, employee stock purchase plan options, and non-(such as stocks or bonds). statutory (nonqualified) stock options.

Wages for social security, Medicare, and federal unem-Employee. For this exclusion, treat the following individu-ployment taxes (FUTA) do not include remuneration result-als as employees.ing from the exercise after October 22, 2004, of anincentive stock option or an employee stock purchase plan A current employee.option, or from any disposition of stock acquired by exer-

A former employee who retired or left on disability. cising such an option. The IRS will not apply these taxes toan exercise before October 23, 2004, of an incentive stock A widow or widower of an individual who died whileoption or an employee stock purchase plan option, or to aan employee.disposition of stock acquired by such exercise.

A widow or widower of an employee who retired or Additionally, federal income tax withholding is not re-left on disability.quired on the income resulting from a disqualifying disposi-

A leased employee who has provided services to tion of stock acquired by the exercise after October 22,you on a substantially full-time basis for at least a 2004, of an incentive stock option or an employee stockyear if the services are performed under your pri- purchase plan option, or on income equal to the discountmary direction or control. portion of stock acquired by the exercise after October 22,

2004, of an employee stock purchase plan option resulting A partner who performs services for a partnership.

from any disposition of the stock. The IRS will not applyfederal income tax withholding upon the disposition of

Exclusion from wages. You can generally exclude the stock acquired by the exercise before October 23, 2004, ofvalue of an employee discount you provide an employee an incentive stock option or an employee stock purchasefrom the employees wages, up to the following limits. plan option. However, the employer must report as income

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in box 1 of Form W-2, 1) the discount portion of stock wages as a de minimis benefit. See De Minimis(Minimal) Benefitson page 6.acquired by the exercise of an employee stock purchase

plan option upon disposition of the stock, and 2) the spread Insurance provided under a policy that provides a

(between the exercise price and the fair market value of permanent benefit (an economic value that extendsthe stock at the time of exercise) upon a disqualifying beyond 1 policy year, such as paid-up or cash sur-disposition of stock acquired by the exercise of an incen- render value), unless certain requirements are met.tive stock option or an employee stock purchase plan See Regulations section 1.79-1 for details.option.

The spread on nonstatutory options normally is includedEmployee. For this exclusion, treat the following individu-in wages for income tax purposes when the options areals as employees.

exercised. (See Regulations section 1.83-7.) The spreadon nonstatutory options is subject to social security, Medi-

1. A current common-law employee.care, FUTA, and federal income tax withholding at the time

2. A full-time life insurance agent who is a current statu-of exercise.tory employee.An employee who transfers his or her interest in non-

statutory stock options to the employees former spouse 3. An individual who was formerly your employee underincident to a divorce is not required to include an amount in (1) or (2), above.gross income upon the transfer. The former spouse, rather

4. A leased employee who has provided services to youthan the employee, is required to include an amount inon a substantially full-time basis for at least a year ifgross income when the former spouse exercises the stockthe services are performed under your primary direc-options. See Revenue Ruling 2002-22 and Revenue Rul-tion and control.ing 2004-60 for details. You can find Rev. Rul. 2002-22 on

page 849 of Internal Revenue Bulletin 2002-19 atException for S corporation shareholders. Do notwww.irs.gov/pub/irs-irbs/irb02-19.pdf. You can find Rev.

treat a 2% shareholder of an S corporation as an employeeRul. 2004-60 on page 1051 of Internal Revenue Bulletinof the corporation for this purpose. A 2% shareholder is

2004-24 at www.irs.gov/pub/irs-irbs/irb04-24.pdf.someone who directly or indirectly owns (at any time dur-

For more information about employee stock options, ing the year) more than 2% of the corporations stock orsee sections 421, 422, and 423 of the Internal Revenue stock with more than 2% of the voting power.Code and the related regulations.

The 10-employee rule. Generally, life insurance is notGroup-Term Life Insurance Coverage group-term life insurance unless you provide it to at least

10 full-time employees at some time during the year.This exclusion applies to life insurance coverage that

For this rule, count employees who choose not to re-meets all the following conditions.

ceive the insurance unless, to receive it, they must contrib-ute to the cost of benefits other than the group-term life It provides a general death benefit that is not in-insurance. For example, count an employee who couldcluded in income.receive insurance by paying part of the cost, even if that

You provide it to a group of employees. See The employee chooses not to receive it. However, do not count10-employee rulebelow. an employee who must pay part or all of the cost of

permanent benefits to get insurance, unless that employee It provides an amount of insurance to each em-chooses to receive it.ployee based on a formula that prevents individual

selection. This formula must use factors such as the Exceptions. Even if you do not meet the 10-employeeemployees age, years of service, pay, or position. rule, two exceptions allow you to treat insurance as

group-term life insurance. You provide it under a policy you directly or indirectlyUnder the first exception, you do not have to meet thecarry. Even if you do not pay any of the policys cost,

10-employee rule if all the following conditions are met.you are considered to carry it if you arrange forpayment of its cost by your employees and charge at

1. If evidence that the employee is insurable is re-least one employee less than, and at least one otherquired, it is limited to a medical questionnaire (com-employee more than, the cost of his or her insur-pleted by the employee) that does not require aance. Determine the cost of the insurance, for this

physical.purpose, as explained under Coverage over the limiton page 10. 2. You provide the insurance to all your full-time em-

ployees or, if the insurer requires the evidence men-Group-term life insurance does not include the following tioned in (1), to all full-time employees who provide

insurance. evidence the insurer accepts.

Insurance that does not provide general death bene- 3. You figure the coverage based on either a uniformfits, such as travel insurance or a policy providing percentage of pay or the insurers coverage bracketsonly accidental death benefits. that meet certain requirements. See Regulations

section 1.79-1 for details. Life insurance on the life of your employees spouse

or dependent. However, you may be able to exclude Under the second exception, you do not have to meetthe cost of this insurance from the employees the 10-employee rule if all the following conditions are met.

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Example. Toms employer provides him with You provide the insurance under a common plan

group-term life insurance coverage of $200,000. Tom is 45covering your employees and the employees of at

years old, is not a key employee, and pays $100 per yearleast one other employer who is not related to you.

toward the cost of the insurance. Toms employer must The insurance is restricted to, but mandatory for, all include $170 in his wages. The total cost of the insurance,

your employees who belong to, or are represented $360 ($.15 200 12), is reduced by the cost of $50,000 ofby, an organization (such as a union) that carries on coverage, $90 ($.15 50 12), and by the $100 Tom payssubstantial activities besides obtaining insurance. for the insurance. The employer includes $170 in boxes 1,

3, and 5 of Toms Form W-2. The employer also enters Evidence of whether an employee is insurable does

$170 in box 12 with code C.not affect an employees eligibility for insurance or

the amount of insurance that employee gets. Coverage for dependents. Group-term life insurancecoverage paid by the employer for the spouse or depen-

To apply either exception, do not consider employees dents of an employee may be excludable from income as awho were denied insurance for any of the following rea- de minimis fringe benefit (see page 6). The part of thissons. coverage that the employee paid on an after-tax basis is

also excludable from income. For this purpose, the cost is They were 65 or older.

figured using the monthly cost table above. They customarily work 20 hours or less a week or 5

Former employees. For group-term life insurance overmonths or less in a calendar year.

$50,000 provided to former employees (including retirees), They have not been employed for the waiting period the former employees must pay the employees share of

given in the policy. (This waiting period cannot be social security and Medicare taxes with their income taxmore than 6 months.) returns. You are not required to collect those taxes. Use

the table above to determine the amount of social security

and Medicare taxes owed by the former employee forExclusion from wages. You can generally exclude the coverage provided after separation from service. Reportcost of up to $50,000 of group-term life insurance from thethose uncollected amounts separately in box 12 on Formwages of an insured employee. You can exclude the sameW-2 using codes M and N. See the Instructions for Formsamount from the employees wages when figuring socialW-2 and W-3.security and Medicare taxes. In addition, you do not have

to withhold federal income tax or pay FUTA tax on any Exception for key employees. Generally, if yourgroup-term life insurance you provide to an employee. group-term life insurance plan favors key employees as to

participation or benefits, you must include the entire cost ofCoverage over the limit. You must include in yourthe insurance in your key employees wages. (This excep-employees wages subject to social security and Medicaretion generally does not apply to church plans.) Whentaxes the cost of group-term life insurance that is morefiguring social security and Medicare taxes, you must alsothan the cost of $50,000 of coverage, reduced by theinclude the entire cost in the employees wages. Includeamount the employee paid toward the insurance. Report itthe cost in boxes 1, 3, and 5 of Form W-2. However, you doas wages in boxes 1, 3, and 5 of the employees Form W-2.not have to withhold federal income tax or pay FUTA tax on

Also, show it in box 12 with code C. the cost of any group-term life insurance you provide to anFigure the monthly cost of the insurance to include in theemployee.employees wages by multiplying the number of thousands

For this purpose, the cost of the insurance is the greaterof dollars of insurance coverage over $50,000 (figured toof the following amounts.the nearest $100) by the cost shown in the following table.

Use the employees age on the last day of the tax year. The premiums you pay for the employees insur-

You must prorate the cost from the table if less than a full ance.month of coverage is involved.

The cost you figure using the table shown laterCost Per $1,000 of Protection

under Coverage over the limit.For 1 Month

For this exclusion, a key employee during 2005 is anAge Costemployee or former employee who is one of the followingUnder 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ .05individuals. See section 416(i) for more information.25 through 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .06

30 through 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .08 1. An officer having annual pay of more than $135,000.35 through 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0940 through 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 2. An individual who for 2005 was either of the follow-45 through 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 ing.50 through 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2355 through 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 a. A 5% owner of your business.60 through 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66

b. A 1% owner of your business whose annual pay65 through 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.27was more than $150,000.70 and older . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.06

A former employee who was a key employee uponYou figure the total cost to include in the employeesretirement or separation from service is also a key em-wages by multiplying the monthly cost by the number of full

months coverage at that cost. ployee.

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Your plan does not favor key employees as to partici- work. (For special rules that apply to lodging furnished in apation if at least one of the following is true. camp located in a foreign country, see section 119(c) of the

Internal Revenue Code and its regulations.) It benefits at least 70% of your employees.

For your convenience. Whether or not you furnish lodg- At least 85% of the participating employees are not

ing for your convenience as an employer depends on allkey employees.

the facts and circumstances. You furnish the lodging to It benefits employees who qualify under a set of your employee for your convenience if you do this for a

rules you set up that do not favor key employees. substantial business reason other than to provide the em-ployee with additional pay. This is true even if a law or an

Your plan meets this participation test if it is part of a employment contract provides that the lodging is furnished

cafeteria plan (discussed in section 1) and it meets the as pay. However, a written statement that the lodging isparticipation test for those plans. furnished for your convenience is not sufficient.

When applying this test, do not consider employeesCondition of employment. Lodging meets this test if you

who:require your employees to accept the lodging becausethey need to live on your business premises to be able to Have not completed 3 years of service,properly perform their duties. Examples include employ-

Are part-time or seasonal, ees who must be available at all times and employees whocould not perform their required duties without being fur- Are nonresident aliens who receive no U.S. sourcenished the lodging.earned income from you, or

It does not matter whether you must furnish the lodging Are not included in the plan but are in a unit of as pay under the terms of an employment contract or a law

employees covered by a collective bargaining agree- fixing the terms of employment.ment, if the benefits provided under the plan werethe subject of good-faith bargaining between you

Example. A hospital gives Joan, an employee of theand employee representatives. hospital, the choice of living at the hospital free of charge orliving elsewhere and receiving a cash allowance in addition

Your plan does not favor key employees as to benefits if to her regular salary. If Joan chooses to live at the hospital,all benefits available to participating key employees are the hospital cannot exclude the value of the lodging fromalso available to all other participating employees. Your her wages because she is not required to live at theplan does not favor key employees just because the hospital to properly perform the duties of her employment.amount of insurance you provide to your employees isuniformly related to their pay. S corporation shareholders. For this exclusion, do not

treat a 2% shareholder of an S corporation as an employeeS corporation shareholders. Because you cannot

of the corporation. A 2% shareholder is someone whotreat a 2% shareholder of an S corporation as an employeedirectly or indirectly owns (at any time during the year)for this exclusion, you must include the cost of allmore than 2% of the corporations stock or stock with moregroup-term life insurance coverage you provide the 2%than 2% of the voting power.shareholder in his or her wages. When figuring social

security and Medicare taxes, you must also include the Mealscost of this coverage in the 2% shareholders wages.Include the cost in boxes 1, 3, and 5 of Form W-2. How-

This section discusses the exclusion rules that apply to deever, you do not have to withhold federal income tax or payminimis meals and meals on your business premises.federal unemployment tax on the cost of any group-term

life insurance coverage you provide to the 2% shareholder.

De Minimis MealsLodging on Your Business Premises

This exclusion applies to any meal or meal money youYou can exclude the value of lodging you furnish to an provide to an employee if it has so little value (taking intoemployee from the employees wages if it meets the follow- account how frequently you provide meals to your employ-ing tests. ees) that accounting for it would be unreasonable or ad-

ministratively impracticable. The exclusion applies, for It is furnished on your business premises. example, to the following items.

It is furnished for your convenience. Coffee, doughnuts, or soft drinks. The employee must accept it as a condition of em-

Occasional meals or meal money provided to enableployment. an employee to work overtime. (However, the exclu-

sion does not apply to meal money figured on theDifferent tests may apply to lodging furnished by educa-basis of hours worked.)tional institutions. See section 119(d) of the Internal Reve-

nue Code for details. Occasional parties or picnics for employees and

their guests.The exclusion does not apply if you allow your employeeto choose to receive additional pay instead of lodging.

This exclusion also applies to meals you provide at anOn your business premises. For this exclusion, your employer-operated eating facility for employees if the an-business premises is generally your employees place of nual revenue from the facility equals or exceeds the direct

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costs of the facility. For this purpose, your revenue from This exclusion does not apply if you allow your employeeproviding a meal is considered equal to the facilitys direct to choose to receive additional pay instead of meals.operating costs to provide that meal if its value can beexcluded from an employees wages as explained under On your business premises. Generally, for this exclu-Meals on Your Business Premiseslater. sion, the employees place of work is your business prem-

ises.If food or beverages you furnish to employeesqualify as a de minimis benefit, you can deduct

For your convenience. Whether you furnish meals fortheir full cost. The 50% limit on deductions for theTIP

your convenience as an employer depends on all the factscost of meals does not apply. The deduction limit on mealsand circumstances. You furnish the meals to your em-is discussed in chapter 2 of Publication 535.

ployee for your convenience if you do this for a substantialbusiness reason other than to provide the employee withEmployee. For this exclusion, treat any recipient of a de

additional pay. This is true even if a law or an employmentminimis meal as an employee.

contract provides that the meals are furnished as pay.However, a written statement that the meals are furnished

Employer-operated eating facility for employees. Anfor your convenience is not sufficient.

employer-operated eating facility for employees is an eat-ing facility that meets all the following conditions. Meals excluded for all employees if excluded for

more than half. If more than half of your employees who You own or lease the facility.

are furnished meals on your business premises are fur- You operate the facility. (You are considered to op- nished the meals for your convenience, you can treat all

erate the eating facility if you have a contract with meals you furnish to employees on your business prem-another to operate it.) ises as furnished for your convenience.

The facility is on or near your business premises. Food service employees. Meals you furnish to a res-

taurant or other food service employee during, or immedi- You provide meals (food, drinks, and related serv- ately before or after, the employees working hours areices) at the facility during, or immediately before orfurnished for your convenience. For example, if a waitressafter, the employees workday.works through the breakfast and lunch periods, you canexclude from her wages the value of the breakfast and

Exclusion from wages. You can generally exclude the lunch you furnish in your restaurant for each day shevalue of de minimis meals you provide to an employee works.from the employees wages.

Example. You operate a restaurant business. You fur-Exception for highly compensated employees. Younish your employee, Carol, who is a waitress working 7cannot exclude from the wages of a highly compensateda.m. to 4 p.m., two meals during each workday. Youemployee the value of a meal provided at an employer-encourage but do not require Carol to have her breakfastoperated eating facility that is not available on the sameon the business premises before starting work. She mustterms to one of the following groups.have her lunch on the premises. Since Carol is a food

All of your employees. service employee and works during the normal breakfastand lunch periods, you can exclude from her wages the A group of employees defined under a reasonable

value of her breakfast and lunch.classification you set up that does not favor highlyIf you also allow Carol to have meals on your businesscompensated employees.

premises without charge on her days off, you cannot ex-clude the value of those meals from her wages.For this exclusion, a highly compensated employee for

2005 is an employee who meets either of the following Employees available for emergency calls. Meals youtests. furnish during working hours so an employee will be avail-

able for emergency calls during the meal period are fur-1. The employee was a 5% owner at any time during

nished for your convenience. You must be able to showthe year or the preceding year.

these emergency calls have occurred or can reasonably2. The employee received more than $95,000 in pay for be expected to occur.

the preceding year.Example. A hospital maintains a cafeteria on its prem-

You can choose to ignore test (2) if the employee was not ises where all of its 230 employees may get meals at noalso in the top 20% of employees when ranked by pay for

charge during their working hours. The hospital furnishesthe preceding year.

meals to have 120 employees available for emergencies.Each of these employees is, at times, called upon toperform services during the meal period. Although theMeals on Your Business Premiseshospital does not require these employees to remain on

You can exclude the value of meals you furnish to an the premises, they rarely leave the hospital during theiremployee from the employees wages if they meet the meal period. Since the hospital furnishes meals on itsfollowing tests. premises to its employees so that more than half of them

are available for emergency calls during meal periods, the They are furnished on your business premises.

hospital can exclude the value of these meals from thewages of all of its employees. They are furnished for your convenience.

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Short meal periods. Meals you furnish during working penses. You must make the reimbursements under ruleshours are furnished for your convenience if the nature of similar to those described in chapter 13 of Publication 535your business restricts an employee to a short meal period for reimbursements of expenses for travel, meals, and(such as 30 or 45 minutes) and the employee cannot be entertainment under accountable plans.expected to eat elsewhere in such a short time. For exam- The exclusion applies only to reimbursements of mov-ple, meals can qualify for this treatment if your peak ing expenses that the employee could deduct if he or shework-load occurs during the normal lunch hour. However, had paid or incurred them without reimbursement. How-they do not qualify if the reason for the short meal period is ever, it does not apply if the employee actually deductedto allow the employee to leave earlier in the day. the expenses in a previous year.

Deductible moving expenses include only the reasona-Example. Frank is a bank teller who works from 9 a.m. ble expenses of:

to 5 p.m. The bank furnishes his lunch without charge in a Moving household goods and personal effects from

cafeteria the bank maintains on its premises. The bankthe former home to the new home, and

furnishes these meals to Frank to limit his lunch period to30 minutes, since the banks peak workload occurs during Traveling (including lodging) from the former homethe normal lunch period. If Frank got his lunch elsewhere, it to the new home.would take him much longer than 30 minutes and the bankstrictly enforces the time limit. The bank can exclude the

Deductible moving expenses do not include anyvalue of these meals from Franks wages.

expenses for meals and must meet both the dis-Proper meals not otherwise available. Meals you fur- tance test and the time test. The distance test isCAUTION

!nish during working hours are furnished for your conve- met if the new job location is at least 50 miles farther fromnience if the employee could not otherwise eat proper the employees old home than the old job location was.meals within a reasonable period of time. For example, The time test is met if the employee works at least 39meals can qualify for this treatment if there are insufficient weeks during the first 12 months after arriving in the gen-

eating facilities near the place of employment. eral area of the new job location.For more information on deductible moving expenses,Meals after work hours. Meals you furnish to an em-

see Publication 521, Moving Expenses.ployee immediately after working hours are furnished foryour convenience if you would have furnished them during

Employee. For this exclusion, treat the following individu-working hours for a substantial nonpay business reasonals as employees.but, because of the work duties, they were not eaten during

working hours. A current employee.

Meals you furnish to promote goodwill, boost mo- A leased employee who has provided services to

rale, or attract prospective employees. Meals you fur- you on a substantially full-time basis for at least anish to promote goodwill, boost morale, or attract year if the services are performed under your pri-prospective employees are not considered furnished for mary direction or control.your convenience. However, you may be able to excludetheir value as discussed under De Minimis Meals on Exception for S corporation shareholders. Do not

page 11. treat a 2% shareholder of an S corporation as an employeeof the corporation for this purpose. A 2% shareholder isMeals furnished on nonworkdays or with lodging.someone who directly or indirectly owns (at any time dur-You generally cannot exclude from an employees wagesing the year) more than 2% of the corporations stock orthe value of meals you furnish on a day when the employeestock with more than 2% of the voting power.is not working. However, you can exclude these meals if

they are furnished with lodging that is excluded from theExclusion from wages. You can generally exclude quali-employees wages as discussed under Lodging on Yourfying moving expense reimbursements you provide to anBusiness Premiseson page 11.employee from the employees wages. If you paid the

Meals with a charge. The fact that you charge for the reimbursements directly to the employee, report themeals and that your employees may accept or decline the amount in box 12 of Form W-2 with the code P. Do notmeals is not taken into account in determining whether or report payments to a third party for the employees movingnot meals are furnished for your convenience. expenses or the value of moving services you provided in

kind.S corporation shareholder-employee. For this exclu-sion, do not treat a 2% shareholder of an S corporation as No-Additional-Cost Servicesan employee of the corporation. A 2% shareholder issomeone who directly or indirectly owns (at any time dur- This exclusion applies to a service you provide to aning the year) more than 2% of the corporations stock or employee if it does not cause you to incur any substantialstock with more than 2% of the voting power. additional costs. The service must be offered to customers

in the ordinary course of the line of business in which theemployee performs substantial services.Moving Expense Reimbursements

Generally, no-additional-cost services are excess ca-This exclusion applies to any amount you directly or indi- pacity services, such as airline, bus, or train tickets; hotelrectly give an employee, (including services furnished in rooms; or telephone services provided free or at a reducedkind) as payment for, or reimbursement of, moving ex- price to employees working in those lines of business.

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Substantial additional costs. To determine whether you employee the value of a no-additional-cost service that isincur substantial additional costs to provide a service to an not available on the same terms to one of the followingemployee, count any lost revenue as a cost. Do not reduce groups.the costs you incur by any amount the employee pays for

All of your employees.the service. You are considered to incur substantial addi-tional costs if you or your employees spend a substantial

A group of employees defined under a reasonableamount of time in providing the service, even if the time classification you set up that does not favor highlyspent would otherwise be idle or if the services are compensated employees.provided outside normal business hours.

For this exclusion, a highly compensated employee for

Reciprocal agreements. A no-additional-cost service 2005 is an employee who meets either of the followingprovided to your employee by an unrelated employer may tests.qualify as a no-additional-cost service if all the followingtests are met: 1. The employee was a 5% owner at any time during

the year or the preceding year. The service is the same type of service generally

provided to customers in both the line of business in 2. The employee received more than $95,000 in pay forwhich the employee works and the line of business the preceding year.in which the service is provided.

You can choose to ignore test (2) if the employee was not You and the employer providing the service have a also in the top 20% of employees when ranked by pay for

written reciprocal agreement under which a group of the preceding year.employees of each employer, all of whom performsubstantial services in the same line of business,

Retirement Planning Servicesmay receive no-additional-cost services from theother employer. You may exclude from an employees wages the value of

Neither you nor the other employer incurs any sub- any retirement planning advice or information you providestantial additional cost either in providing the service to your employee or his or her spouse if you maintain aor because of the written agreement. qualified retirement plan. In addition to employer plan ad-

vice and information, the services provided may includegeneral advice and information on retirement. However,Employee. For this exclusion, treat the following individu-the exclusion does not apply to services for tax prepara-als as employees.tion, accounting, legal, or brokerage services.

1. A current employee.

Transportation (Commuting) Benefits2. A former employee who retired or left on disability.3. A widow or widower of an individual who died while This section discusses exclusion rules that apply to bene-

an employee. fits you provide to your employees for their personal trans-

portation, such as commuting to and from work. These4. A widow or widower of a former employee who re- rules apply to the following transportation benefits.tired or left on disability.

5. A leased employee who has provided services to you De minimis transportation benefits.on a substantially full-time basis for at least a year if

Qualified transportation benefits.the services are performed under your primary direc-tion or control. Special rules that apply to demonstrator cars and qualified

nonpersonal-use vehicles are discussed under Working6. A partner who performs services for a partnership.Condition Benefitson page 15.

Treat services you provide to the spouse or dependentchild of an employee as provided to the employee. For this De Minimis Transportation Benefitsfringe benefit, dependent child means any son, stepson,daughter, or stepdaughter who is a dependent of the em- You can exclude the value of any de minimis transportationployee, or both of whose parents have died and who has benefit you provide to an employee from the employees

not reached age 25. Treat a child of divorced parents as a wages. A de minimis transportation benefit is any transpor-dependent of both parents. tation benefit you provide to an employee if it has so littleTreat any use of air transportation by the parent of an value (taking into account how frequently you provide

employee as use by the employee. This rule does not transportation to your employees) that accounting for itapply to use by the parent of a person considered an would be unreasonable or administratively impracticable.employee because of item (3) above. For example, it applies to occasional transportation fare

you give an employee because the employee is workingovertime if the benefit is reasonable and is not based onExclusion from wages. You can generally exclude the

value of a no-additional-cost service you provide to an hours worked.employee from the employees wages.

Employee. For this exclusion, treat any recipient of a deException for highly compensated employees. Youminimis transportation benefit as an employee.cannot exclude from the wages of a highly compensated

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Exception for S corporation shareholders. Do notQualified Transportation Benefitstreat a 2% shareholder of an S corporation as an employee

This exclusion applies to the following benefits. of the corporation for this purpose. A 2% shareholder issomeone who directly or indirectly owns (at any time dur-

A ride in a commuter highway vehicle between the ing the year) more than 2% of the corporations stock oremployees home and work place.

stock with more than 2% of the voting power. A transit pass.

Relation to other fringe benefits. You cannot exclude a Qualified parking.qualified transportation benefit you provide to an employee

The exclusion applies whether you provide only one or a under the de minimis or working condition benefit rules.

combination of these benefits to your employees. However, if you provide a local transportation benefit otherthan by transit pass or commuter highway vehicle, or to aQualified transportation benefits can be provided directlyperson other than an employee, you may be able to ex-by you or through a bona fide reimbursement arrange-clude all or part of the benefit under other fringe benefitment. However, cash reimbursements for transit passesrules (de minimis, working condition, etc.).qualify only if a voucher or a similar item that the employee

can exchange only for a transit pass is not readily availablefor direct distribution by you to your employee. A voucher is Exclusion from wages. You can generally exclude thereadily available for direct distribution only if an employee value of transportation benefits that you provide to ancan obtain it from a voucher provider that does not impose employee during 2005 from the employees wages up tofare media charges or other restrictions that effectively the following limits.prevent the employer from obtaining vouchers. See Regu-lations section 1.132-9 for more information. $105 per month for combined commuter highway

You can exclude qualified transportation fringe benefits vehicle transportation and transit passes.from an employees wages even if you provide them in

$200 per month for qualified parking.place of pay. For information about providing qualified

transportation fringe benefits under a compensation reduc-Benefits more than the limit. If the value of a benefit

t i on ag r eemen t , see Regu la t i ons sec t i onfor any month is more than its limit, include in the

1.132-9(b)(Q-11).employees wages the amount over the limit minus anyamount the employee paid for the benefit. You cannot

Commuter highway vehicle. A commuter highway vehi- exclude the excess from the employees wages as a decle is any highway vehicle that seats at least 6 adults (not minimis transportation benefit.including the driver). In addition, you must reasonablyexpect that at least 80% of the vehicle mileage will be for

More information. For more information on qualifiedtransporting employees between their homes and worktransportation benefits, including van pools, and how toplace with employees occupying at least one-half thedetermine the value of parking, see Regulations sectionvehicles seats (not including the drivers).1.132-9.

Transit pass. A transit pass is any pass, token, farecard,voucher, or similar item entitling a person to ride, free of Tuition Reductioncharge or at a reduced rate, one of the following.

An educational organization can exclude the value of a On mass transit. qualified tuition reduction it provides to an employee from

the employees wages. In a vehicle that seats at least 6 adults (not including

A tuition reduction for undergraduate education gener-the driver) if a person in the business of transportingally qualifies for this exclusion if it is for the education ofpersons for pay or hire operates it.one of the following individuals.

Mass transit may be publicly or privately operated andincludes bus, rail, or ferry.

1. A current employee.

Qualified parking. Qualified parking is parking you pro- 2. A former employee who retired or left on disability.vide to your employees on or near your business premises.

3. A widow or widower of an individual who died whileIt includes parking on or near the location from which your

an employee.employees commute to work using mass transit, com-muter highway vehicles, or carpools. It does not include 4. A widow or widower of a former employee who re-parking at or near your employees home. tired or left on disability.

5. A dependent child or spouse of any individual listedEmployee. For this exclusion, treat the following individu- in (1) through (4) above.als as employees.

A tuition reduction for graduate education qualifies for A current employee. this exclusion only if it is for the education of a graduate

student who performs teaching or research activities for A leased employee who has provided services to

the educational organization.you on a substantially full-time basis for at least aFor more information on this exclusion, see Publicationyear if the services are performed under your pri-

mary direction or control. 970, Tax Benefits for Education.

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Demonstrator cars. All of the use of a demonstrator carWorking Condition Benefitsby your full-time auto salesperson generally qualifies as aworking condition benefit if the use is primarily to facilitateThis exclusion applies to property and services you pro-the services the salesperson provided for you and therevide to an employee so that the employee can perform hisare substantial restrictions on personal use. For moreor her job. It applies to the extent the employee couldinformation and the definition of full-time auto salesper-deduct the cost of the property or services as a businessson, see Regulations section 1.132-5(o).expense or depreciation expense if he or she had paid for

it. The employee must meet any substantiation require-Qualified nonpersonal-use vehicles. All of anments that apply to the deduction. Examples of workingemployees use of a qualified nonpersonal-use vehicle is acondition benefits include an employees use of a companyworking condition benefit. A qualified nonpersonal-use ve-

car for business and job-related education provided to an hicle is any vehicle the employee is not likely to use moreemployee.than minimally for personal purposes because of its de-

This exclusion also applies to a cash payment you sign. Qualified nonpersonal-use vehicles generally includeprovide for an employees expenses for a specific or prear- all of the following vehicles.ranged business activity for which a deduction is allowableto the employee. You must require the employee to verify Clearly marked police and fire vehicles.that the payment is actually used for those expenses and

Unmarked vehicles used by law enforcement officersto return any unused part of the payment.

if the use is officially authorized.For information on deductible employee business ex-

An ambulance or hearse used for its specific pur-penses, see Unreimbursed Employee Expensesin Publi-pose.cation 529, Miscellaneous Deductions.

The exclusion does not apply to the following items. Any vehicle designed to carry cargo with a loadedgross vehicle weight over 14,000 pounds.

A service or property provided under a flexible

spending account in which you agree to provide the Delivery trucks with seating for the driver only, or thedriver plus a folding jump seat.employee, over a time period, a certain level of un-

specified noncash benefits with a predetermined A passenger bus with a capacity of at least 20 pas-

cash value. sengers used for its specific purpose. A physical examination program you provide, even if

School buses.mandatory.

Tractors and other special-purpose farm vehicles. Any item to the extent the employee could deduct its

cost as an expense for a trade or business other Pickup trucks. A pickup truck with a loaded gross vehi-than your trade or business. cle weight of 14,000 pounds or less is a qualified

nonpersonal-use vehicle if it has been specially modifiedso it is not likely to be used more than minimally forEmployee. For this exclusion, treat the following individu-personal purposes. For example, a pickup truck qualifies ifals as employees.it is clearly marked with permanently affixed decals, spe-

A current employee. cial painting, or other advertising associated with yourtrade, business, or function and meets either of the follow- A partner who performs services for a partnership.ing requirements.

A director of your company.1. It is equipped with at least one of the following items.

An independent contractor who performs servicesfor you. a. A hydraulic lift gate.

b. Permanent tanks or drums.Vehicle allocation rules. If you provide a car for an

c. Permanent side boards or panels that materiallyemployees use, the amount you can exclude as a workingraise the level of the sides of the truck bed.condition benefit is the amount that would be allowable as

a deductible business expense if the employee paid for its d. Other heavy equipment (such as an electric gen-use. That is, if the employee uses the car for both business erator, welder, boom, or crane used to tow auto-and personal use, the value of the working condition bene- mobiles and other vehicles).fit is the part determined to be for business use of thevehicle. See Business use of your car under Personal 2. It is used primarily to transport a particular type ofExpenses in chapter 1 of Publication 535. Also, see the load (other than over the public highways) in a con-special rules for certain demonstrator cars and qualified struction, manufacturing, processing, farming, min-nonpersonal-use vehicles discussed below. ing, drilling, timbering, or other similar operation for

However, instead of excluding the value of the working which it was specially designed or significantly modi-condition benefit, you can include the entire annual lease fied.value of the car in the employees wages. The employeecan then claim any deductible business expense for the Vans. A van with a loaded gross vehicle weight ofcar as an itemized deduction on his or her personal income 14,000 pounds or less is a qualified nonpersonal-use vehi-tax return. This option is available only if you use the lease cle if it has been specially modified so it is not likely to bevalue rule (discussed in section 3) to value the benefit. used more than minimally for personal purposes. For ex-

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ample, a van qualifies if it is clearly marked with perma- in a product testing program from the compensation youpay to a director.nently affixed decals, special painting, or other advertising

associated with your trade, business, or function and has aseat for the driver only (or the driver and one other person)and either of the following items. 3. Fringe Benefit Valuation Permanent shelving that fills most of the cargo area. Rules An open cargo area and the van always carries

This section discusses the rules you must use to determinemerchandise, material, or equipment used in yourthe value of a fringe benefit you provide to an employee.trade, business, or function.

You must determine the value of any benefit you cannotexclude under the rules in section 2 or for which theEducation. Certain job-related education you provide to amount you can exclude is limited. See Including taxablean employee may qualify for exclusion as a working condi- benefits in payon page 2.tion benefit. To qualify, the education must meet the same In most cases, you must use the general valuation rulerequirements that would apply for determining whether the to value a fringe benefit. However, you may be able to useemployee could deduct the expenses had the employee a special valuation rule to determine the value of certainpaid the expenses. The education must meet at least one benefits.of the following tests. This section does not discuss the special valuation rule

used to value meals provided at an employer-operated The education is required by the employer or by law

eating facility for employees. For that rule, see Regulationsfor the employee to keep his or her present salary,section 1.61-21(j). This section also does not discuss thestatus, or job. The required education must serve aspecial valuation rules used to value the use of aircraft. Forbona fide business purpose of the employer.those rules, see Regulations sections 1.61-21(g) and (h).

The education maintains or improves skills neededin the job. General Valuation Rule

However, even if the education meets one or both of the You must use the general valuation rule to determine theabove tests, it is not qualifying education if it: value of most fringe benefits. Under this rule, the value of a

fringe benefit is its fair market value. Is needed to meet the minimum educational require-

ments of the employees present trade or business, Fair market value. The fair market value (FMV) of a fringeor benefit is the amount an employee would have to pay a

third party in an arms-length transaction to buy or lease Is part of a program of study that will qualify thethe benefit. Determine this amount on the basis of all theemployee for a new trade or business.facts and circumstances.

Neither the amount the employee considers to be theOutplacement services. An employees use of outplace- value of the fringe benefit nor the cost you incur to providement services qualifies as a working condition benefit if the benefit determines its FMV.you provide the services to the employee on the basis ofneed and you get a substantial business benefit from the Employer-provided vehicles. In general, the FMV of anservices distinct from the benefit you would get from the employer-provided vehicle is the amount the employeepayment of additional wages. Substantial business bene- would have to pay a third party to lease the same or similarfits include promoting a positive business image, maintain- vehicle on the same or comparable terms in the geo-ing employee morale, and avoiding wrongful termination graphic area where the employee uses the vehicle. Asuits. comparable lease term would be the amount of time the

Outplacement services do not qualify as a working con- vehicle is available for the employees use, such as adition benefit if the employee can choose to receive cash 1-year period.

Do not determine the FMV by multiplying aor taxable benefits in place of the services. If you maintaincents-per-mile rate times the number of miles driven un-a severance plan and permit employees to get outplace-less the employee can prove the vehicle could have beenment services with reduced severance pay, include in theleased on a cents-per-mile basis.employees wages the difference between the unreduced

severance and the reduced severance payments.

Cents-Per-Mile RuleExclusion from wages. You can generally exclude thevalue of a working condition benefit you provide to an Under this rule, you determine the value of a vehicle youemployee from the employees wages. provide to an employee for personal use by multiplying the

standard mileage rate by the total miles the employeeException for independent contractors. You cannotdrives the vehicle for personal purposes. Personal use isexclude the value of parking or the use of consumer goodsany use of the vehicle other than use in your trade or

you provide in a product testing program from the compen-business. This amount must be included in the employees

sation you pay to an independent contractor who performswages or reimbursed by the employee. For 2005, the

services for you.standard mileage rate is increased to 40.5 cents a mile.

Exception for company directors. You cannot ex- You can use the cents-per-mile rule if either of theclude the value of the use of consumer goods you provide following requirements is met.

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Consistency requirements. I f you use the You reasonably expect the vehicle to be regularly

cents-per-mile rule, the following requirements apply.used in your trade or business throughout the calen-dar year (or for a shorter period during which you

You must begin using the cents-per-mile rule on theown or lease it). first day you make the vehicle available to any em-

ployee for personal use. However, if you use the The vehicle meets the mileage test.commuting rule below when you first make the vehi-cle available to any employee for personal use, you

Maximum automobile value. You cannot use can change to the cents-per-mile rule on the first daythe cents-per-mile rule for an automobile (any for which you do not use the commuting rule.4-wheeled vehicle, such as a car, pickup truck, orCAUTION

!

You must use the cents-per-mile rule for all latervan) if its value when you first make it available to any years in which you make the vehicle available to anyemployee for personal use is more than an amount deter-employee and the vehicle qualifies, except that youmined by the IRS as the maximum automobile value for thecan use the commuting rule for any year duringyear. For example, you cannot use the cents-per-mile rulewhich use of the vehicle qualifies. However, if thefor an automobile that you first made available to an em-vehicle does not qualify for the cents-per-mile ruleployee in 2004 if its value at that time was more thanduring a later year, you can use for that year and$14,800. The maximum automobile value for 2005 will bethereafter any other rule for which the vehicle thenpublished in a revenue procedure in the Internal Revenuequalifies.Bulletin early in 2005. If you and the employee own or

lease the automobile together, see Regulations section You must continue to use the cents-per-mile rule if

1.61-21(e)(1)(iii)(B). you provide a replacement vehicle to the employeeand your primary reason for the replacement is toreduce federal taxes.Vehicle. For the cents-per-mile rule, a vehicle i

us internal revenue service: p15b--2005

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