recognition

Recognition is all the rage in HR. Payroll does not share in our enthusiasm. Every time I think of a creative way to recognize or say thank you to an excellent employee, payroll says no because taxes have to be paid on it as if it is income. Can you tell me what is deemed income in the eyes of the IRS? Do employees have to pay income tax on clothes, food, gift certificates, gas cards?

Comments

  • 18 Comments sorted by Votes Date Added
  • Anything that is cash or a cash equivalent (ie gift cards and gas cards) is taxable, regardless of the amount.

    The IRS does not require you to tax on anything it considers 'de minimus.' This generally means anything valued at under $25.00, though the IRS has never set that amount in stone.

    You can give an employee discounts on your services and it is usually tax free. That pretty much depends upon the discount and the item they are getting.

    If you want to give an employee recognition without it being taxable I suggest you do it in front of a lot of people, give them a plaque to commermorate the occassion, a nice small bouquet or a few roses, a lovely speech, and a small gift item that cost you less than $25. Otherwise it is includable as income.

    Good luck!

    Nae
  • Thanks alot Nae. Now I have to have another battle with my operations people. They think as long as they don't pay by check, they are ok as far as fuel bonuses, attendance bonus, etc. so they opted to give gift cards. And my payroll person who is also my ap person doesn't know the difference, so he has merrily been purchasing gift cards for bonuses and not included it in W2's or sending 1099's. You know the saying, ignorance is bliss, well now that I'm not ignorant about this subject, guess I'll have to tackle it.
  • So if I keep it below 25 I'm okay with anything?
    Thus; Gas card for $20,plus a fruit basket, plus fishing tackle, plus a shirt all equal up to $100 but separtely they are all under $25. Therefore no income tax is applied?

    If I got him a nice warm coat for $100 it would be taxable? Because the single value is over $25?

    Everything has value if you are able to sell it.

    When I give a turkey to every employee at Christmas how should that be handled?

    What if they got a shirt with the company logo on it?

    Gift Certificate?
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-27-07 AT 04:17PM (CST)[/font][br][br]I pulled out my 2005 copy of IRS publication 15-B (Employer's Tax Guide to Fringe Benefits) which you can download and print for free at IRS.gov (but get the 2007 version). I discovered it treats Achievement Awards (lenght of service or safety) separately from De Minimis Benefits. It is very tricky, and refers to Publication 535 which I don't have.

    Gas card is the same as cash, so it is taxable, even if it is only for 10 cents.

    The rest depends. You can give a non-taxable award for length of service or safety achievement under this section, but they limit what it can be for (no meals, vacations, tickets to events, etc). It says it must meet the requirements set out in Pub 535 and the value of the awards must not exceed the total your company can write off as a business expense. It definitely reads and sounds like something the IRS would produce.

    I know that as far as De Minimis benefits go, you can't lump several items together and call them separate if they are given on the same occassion. The IRS sees that as one multi-part gift and the entire amount is taxable.

    I really can't help you on the shirt with a logo as I don't have any experience with it. If we were to give a gift of a shirt with our logo (they don't have to wear it as part of their work uniform), we would probably consider the value to be the cost of the shirt, without the logo added (that would reduce the value as far as resale goes) and use that amount as a basis as to whether or not we would consider it taxable.

    I know it is very confusing. If I were you I would check out the two IRS publications and see if there is anything that qualifies that my employees might like.

    Good luck!

    Nae
  • When we want someone to get a bonus of say $100.00 we gross it up so that they clear $100.00. Due to their tax situation, the check may be for $125.00 etc, but the take home is $100.00. Payroll should be able to quickly figure this amount for you.
  • I brought this taxable gift issue to the attention of our CEO who questions everything before it is implemented. His response to gifts being taxable is "bullshit". Now, he is not the IRS and our CFO is on vacation so I can't truly verify it, but I trust his knowledge. I'd double check that with the IRS/CPA before forging ahead with taxable issues.

    Nae, I'm sorry to post this, but I just want to be certain we examine all possibilities before establishing protocol. You have been very knowledgable in all that I have read, but I have to question this one...based upon trust in the knowledge of our CEO.

    Thanks.
  • Go to [url]www.irs.gov[/url] and find publication 15-b and print it. See for yourself.


    Nae

  • Nae's assessment is exactly correct. It may be frustrating, and yes it does have the smell of BS, but it's still the law. For you risk takers, what's the chance of getting caught if you don't report it? Probably slim, but if you know better ya gotta do better.
  • Nae, I'm not saying I don't believe you. As I said, you are a very knowledgable woman and I appreciate the knowledge I've gained from your replies. I am printing 15-b and will review tonight. Thanks for the link.
  • Happy reading. I know IRS/government stuff can be hard to read, but I think you will find what you are looking for under Achievement awards and/or de minimis guidelines.

    BTW, a gift from one individual to another is not taxable unless it passes a threshold. It used to be $10,000 per year, but I believe it has gone up to $10,500 by now (or perhaps even higher). A gift from an employer to an employee is a completely different matter. Unless it falls under the strict guidelines for achievement awards or is considered de minimis it is taxable.

    Good luck!

    Nae
  • HELP! I spent 86.98 on a fly kit plus sales tax of 4.78 for a total of 91.76.
    Payroll informs me that it is my job to figure this out and she needs to file in three days.

    What forms do I need to pay his income tax on this gift?

    How do I figure what the income tax is?

    Help
  • Are you saying you gave an employee an award worth $91.76 this pay period? The value should be added to the employee's pay and taxes deducted from that.

    Here is an example of how it might be handled (I will just use FICA tax for simplicity, but income taxes should be included and are done the same way.)

    Regular Payroll:
    Employee earns $1,000.00
    FICA taxes - 76.50

    Take home pay $ 923.50

    Payroll with Gift worth $100:
    Employee earns $1,000.00
    Gift earnings 100.00

    Total Gross $1,100.00
    FICA taxes - 84.15
    Misc Deduct -100.00

    Take home pay $ 915.85

    Another way to handle it would be to gross up the pay:

    Payroll with Gift worth $100:
    Employee earns $1,000.00
    Gift earnings 108.28

    Total Gross $1,108.28
    FICA taxes - 84.78
    Misc Deduct -100.00

    Take home pay $ 923.50

    To just gross up and not put on employee's check:

    Payroll with Gift worth $100:
    Gift earnings $ 108.28

    Total Gross $ 108.28
    FICA taxes - 8.28
    Misc Deduct -100.00

    Take home pay $ 0.00


    Check with your payroll department to see if they have a standard form for this. They should. If they expect you to figure all this out (which seems bizarre to me), you will need to know the employee's tax withholding rates for both federal and state. I have a gross up formula spreadsheet to help you. Or if you will just give me the rates I will use your amount and put it through my spread sheet and put the answers here.

    Let me know if I can help you further.

    Nae
  • Thank you so much for helping me. Turns out she knows how to do it, but since it is the end of the month, she was not wanting to add this to her list.

    The CEO has decided to give this award in the name of our founder. No taxes right?
  • Dawn...

    I appreciate your confidence in your CEO. Unfortunately, the "bullshit" lies with him in this case. NaeNae is 100% on the money.
  • Nae,

    I would like a copy of your spreadsheet. If you can please email a copy to [email]dbaker@detroit.lib.mi.us[/email]

    Thank you
  • I just emailed it. Let me know if you did not get it.

    Nae
  • Apparently the SSA/IRS Reporter had an article on page 4 of the Summer 2007 issue (comes with your 941 tax packet every quarter). I didn't notice the article, but my August 21, 2007 edition of the Payroll Manager's Letter referred to it. Page 7 of the PML talks about handling Incentive Awards and what is taxable:

    "Generally speaking, non-cash incentive awards are taxable. Income, Social Security and Medicare taxes should be withheld based on the fair market value of the award and the withheld amount should be deposited in the same deposit period that the awards are "paid."

    Exceptions: Certain noncash employee achievement awards made for length of service or safety are excluded from wages (up to prescribed limits), as are certain noncash benefits of minimal value."

    Ok. I know this was like beating a dead horse, but I feel so...so...vindicated. x;-)
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