Taxation of Employee Compensation
Page Contents
- Federal
- Summary
- Overview of Federal Income and Employment Taxes
- Fringe Benefits Overview
- Nontaxable Fringe Benefits
- No-Additional-Cost Services
- Qualified Employee Discounts
- Working Condition Fringe Benefits
- De Minimis Fringe Benefits
- Qualified Transportation Fringe Benefits
- Qualified Moving Expense Reimbursements
- Qualified Retirement Planning Services
- On-Premises Athletic Facilities
- Personal Use of Employer-Provided Vehicles
- Exceptions to Taxing Employees' Personal Use
- Automobile Salespersons' Use of Demonstrator Vehicles
- Substantiation Methods
- Valuation Methods
- Recordkeeping
- Employer-Provided Aircraft
- Free or Discounted Commercial Flights
- Discounts on Property or Services
- Club Membership Rules
- Other Common Fringe Benefits With Special Tax Rules
- Life Insurance
- Group-Term Life Insurance
- Whole Life Insurance
- Educational Assistance Programs
- Group Legal Services
- Employee Business Travel Expense Reimbursements
- Accountable Plan Rules
- Business Connection
- Substantiation
- Excess Reimbursements
- Nonaccountable Plans
- Per Diem Allowances
- IRS Per Diem Rates
- High-Low Substantiation Method
- Standard Mileage Rate
- Fixed and Variable Rate Mileage Allowance
- Tax Treatment of Accountable and Nonaccountable Plan Payments
- Employer-Provided Meals and Lodging
- Employer-Provided Adoption Assistance
- Taxability of Other Employer Payments
- Salary Advances and Overpayments
- Awards and Prizes
- Back Pay Awards and Damages
- Compensatory Damages
- Punitive Damages
- Liquidated Damages
- FMLA Damages
- Jury Awards or Settlement Payments
- Workers' Rights Laws
- Reporting Rules
- Bonuses
- Commissions
- Attendance at Conventions, Conferences and Seminars
- Death Benefits
- Dependent Care Assistance
- Directors' Fees
- Disaster Relief Payments
- Employer-Paid Taxes/Grossing Up
- Equipment Allowances
- Gifts
- Golden Parachute Payments
- Guaranteed Wage Payments
- Jury Duty Pay
- Leave-Sharing Plans
- Loans to Employees and Draws Against Commissions
- Military Differential Pay
- Outplacement Services
- Retroactive Wage Increases
- Security Services
- Severance Pay
- Stock and Stock Options
- Strike Benefits Paid to Union Members
- Supplemental Unemployment Benefits
- Tips
- Uniform Allowances
- Vacation Pay
- Wages Paid After an Employee's Death
- Withholding on Employer-Provided Benefits
- Cash Fringe Benefits
- Noncash Fringe Benefits
- Tax Deposits
- Reporting Requirements
- Special Accounting Rule
- Election Not to Withhold on Employees' Personal Use of Company Cars
- Future Developments
- Additional Resources
Federal
Author: Alice Gilman
Summary
- Employees' salary and fringe benefits are subject to federal income taxes and Social Security and Medicare taxes. Employers also pay federal unemployment insurance tax on the same amounts. However, certain cash and noncash fringe benefits may be offered to employees on a tax-free basis. The opposite is also true - an otherwise tax-free fringe benefit becomes taxable compensation to employees if employers do not meet the rules for that particular fringe benefit. See Nontaxable Fringe Benefits; Withholding on Employer-Provided Benefits; Other Common Fringe Benefits With Special Tax Rules.
- Employees who drive company vehicles on business and who substantiate their business use under the accountable plan rules have a tax-free working condition fringe benefit. Under most circumstances, employees' personal use of company vehicles is subject to FIT and FICA tax withholding and to FUTA tax. See Personal Use of Employer-Provided Vehicles; Withholding on Employer-Provided Benefits.
- Provided employees substantiate their expenses under the accountable plan rules, employers may reimburse employees tax-free for job related moving expenses, meal and entertainment expenses, educational expenses, equipment allowances, uniforms, outplacement assistance and expenses related to joining exclusive clubs. See Nontaxable Fringe Benefits; Club Membership Rules; Taxability of Other Employer Payments.
- Although employees' pay and bonuses, including back pay and retroactive wage increases, are always subject to FIT and FICA tax withholding and to FUTA, special payroll tax rules exclude from taxation incentive payments salespersons receive. In addition, employees who receive certain awards and prizes, and employees who receive incentive stock options and options under qualified employee plans, do not receive taxable income when they exercise their options and buy company stock. See Taxability of Other Employer Payments.
- Special income tax withholding rules apply to taxable fringe benefits. In addition, special annual employee reporting rules apply to many fringe benefits. See Withholding on Employer-Provided Benefits.
State Requirements
The following states have additional requirements for this topic under applicable state law.