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- @109 CHAP 8
-
- ┌───────────────────────────────────────────────┐
- │ MISCELLANEOUS NON-RETIREMENT │
- │ FRINGE BENEFIT PLANS │
- └───────────────────────────────────────────────┘
-
- The federal tax laws are replete with a whole host of tax-
- favored employee fringe benefits, which are characterized
- as being deductible to the employer and non-taxable to the
- employee. In addition to the fairly "standard" health
- care, disability and group-term life insurance plans, some
- of the other most common and important non-taxable fringes
- are discussed below.
-
- SECTION 132 EXCLUDIBLE FRINGE BENEFITS. The following
- fringe benefits are excludible both from income AND em-
- ployment taxes (FUTA and FICA) for employer and employee:
-
- . No-additional-cost-services provided to an employee.
- These consist of benefits such as free airline, rail
- or bus transportation, provided by companies in those
- industries; rooms for hotel employees; or free phone
- service for telephone company employees.
-
- . Employee discounts. Service companies can provide
- their services to employees at up to a 20% discount.
- For companies selling goods, the discount may not
- exceed the employer's gross profit percentage
- multiplied by the usual selling price of the item
- to customers.
-
- . Working condition fringes. These are tax-free, up
- to the amounts that would have been deductible if paid
- by the employee, for such items as a company car or
- plane used for business purposes; subscriptions to
- trade or professional publications; on-the-job
- training; business travel; parking; and others.
- (However, under 1992 law changes, excludable parking
- benefits were limited to $155 per month -- any excess
- amounts are taxable to the employee. This is increased
- to $160 for 1995, $165 for 1996.)
-
- . "De Minimis fringes." These are items that are
- considered to minimal to justify the administrative
- costs of accounting for them, such as using the
- the company's copier machine; having a secretary
- type a personal letter, and the like.
-
- . On-premises athletic facilities. Providing and
- operating such facilities as gyms, pools, tennis or
- golf courses on the business premises, for employees,
- their spouses and dependents is a nontaxable fringe
- benefit. (I.R.C. Sec. 132)
-
- MEALS ON PREMISES. If meals are provided on-premises to
- employees, for the convenience of the employer, the value
- of such meals is usually not taxable to the employee for
- income tax purposes. (I.R.C. Sec. 119) However, the em-
- ployer may only deduct 80% of the cost of furnishing such
- meals.
-
- EDUCATIONAL ASSISTANCE PLANS. An employer may pay educa-
- tional expenses on behalf of an employee, free of employ-
- ment taxes or income tax to the employee, if the purpose of
- such education meets one of the two following tests:
-
- . Education that maintains or improves skills required
- by the job; or
-
- . Education to meet requirements set by the employer or
- applicable laws, where such requirements are imposed
- as a condition of the retention of employment or rate
- of compensation.
-
- Employers may also set up tax-qualified "educational assis-
- tance plans" to provide other, not necessarily job-related
- educational benefits for employees, in amounts up to $5,250
- a year per employee. (I.R.C. Sec. 127) To qualify, such a
- plan must be in writing, disclosed to employees, and no
- more than 5% of benefits paid under the plan can go to 5%
- owners of the firm or their spouses or dependents.
-
- This tax benefit expired on June 30, 1992, but has been
- retroactively extended again (as Congress has routinely
- done several times in the past), for the period from July
- 1, 1992 through December 31, 1994. Whether it will again
- be extended is uncertain at this time, but HR 127, the
- Employee Educational Assistance Act of 1995 has been in-
- troduced in Congress, to restore this provision and make
- it permanent.
-
- DEPENDENT CARE PLANS. This is one of the most popular and
- rapidly growing types of employee fringe benefit plans in
- recent years, providing up to $5,000 a year per employee of
- dependent care benefits for children or elderly dependents.
- However, not more than 25% of benefits provided can be on
- behalf of 5% owners of the employer company, and other tech-
- nical nondiscrimination rules also apply. (I.R.C. Sec. 129)
-