Employee Benefits 

Frequently Asked Questions (FAQ)

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Explain some of the typical Employee Benefits.

 

 

 

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Frequently Asked Tax Questions And Answers - Employee Benefits

Is the exclusion from income of up to $5,250 of employer-provided educational assistance under a qualified program still available?

Yes. However, it applies only to benefits you receive for courses that begin before December 31, 2001. The exclusion does not apply to graduate-level courses that began after June 30, 1996. For more information, refer to Publication 508, Educational Expenses.

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I received a Form 1099-MISC for an employee bonus. How do I report it?

Employee bonuses should be reported on Form W-2, not on Form 1099-MISC. Contact your employer and ask them to issue the correct form. If they will not issue you a Form W-2 for the bonus, complete Form 4852, Substitute for Form W-2, Wage and Tax Statement. The bonus amount is reported on Line 7 on your Form 1040 or 1040A.

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Is tuition reimbursement for school a form of taxable income or not?

If you receive educational assistance benefits from your employer under an educational assistance program, you can exclude from taxable income up to $5,250 of those benefits each year.

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My employer is including my graduate school tuition reimbursements on my Form W-2. Where do I claim education expenses on my Form 1040?

They are miscellaneous itemized deductions on Form 1040, SCHEDULE A, Itemized Deductions.

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Is my employer supposed to include mileage reimbursement as a part of my gross income on my Form W-2, and do I include it on my return as wages, tips & salaries?

That depends on whether you were reimbursed under an accountable plan or under a nonaccountable plan. Generally, an employer will have an accountable plan if it pays business expenses that would otherwise be deductible by the employee, requires the employee to substantiate the expense, and does not permit the employee to keep any reimbursements that exceed expenses. If the employer does not use an accountable plan, mileage reimbursement would be included in your wages on Form W-2. For more information on reimbursements and accountable plans, refer to Chapter 6 of Publication 463, Travel, Entertainment, Gift, and Car Expenses.

If your mileage reimbursement is included in box 1 on Form W-2, you need to enter that amount on the "wages, salaries, and tips" line of your tax return. If you itemize your deductions on Form 1040, SCHEDULE A, Itemized Deductions, you may deduct the business transportation expense as an employee business expense, subject to the 2% of adjusted gross income limitation. You may usually deduct either your actual business automobile expenses or use the standard mileage rate. For more information on when you may use the standard mileage rate, refer to Chapter 4 of Publication 463, Travel, Entertainment, Gift, and Car Expenses.

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What is meant by "dependent care benefits" (Box 10 of Form W-2)?

Dependent care benefits are amounts your employer paid directly to either you or your care provider for the care of your qualifying person(s) while you worked. They also include the fair market value of care in a day-care facility provided or sponsored by your employer. Dependent care benefits include amounts placed into a flexible spending account under a salary reduction arrangement if the benefit provided was day care.

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Should Line 10, Dependent Care Benefits, of my Form W-2 be included when calculating my income?

A portion of all of the amount in Box 10 of the Form W-2 may be includable in your income. Please refer to the Instructions for Form 2441, Child and Dependent Care Expenses, to determine how much, if any, of the dependent care benefits may be excluded. If you meet the requirements described in Form 2441, Child and Dependent Care Expenses, you can exclude up to $5,000 of dependent care benefits provided under a qualified employer plan. However, this amount is reduced if your earned income (or your spouse's earned income) is less than $5,000, or if your child is not under age 13. Any benefits that exceed the exclusion limit ($5,000) are also includable in your income, and your employer should have included these amounts in Boxes 1, 3, and 5 of your Form W-2 in addition to reporting these amounts in Box 10. The amount you can exclude is figured and claimed by completing Part III of Form 2441 or Schedule 2 of Form 1040A.

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I paid into a dependent care benefits plan and the amount is shown in Box 10 of the my Form W-2. However, the cost paid to the child care provider was more. Can the additional expense not paid into the dependent care benefits plan and not shown in Box 10 of the W-2 be claimed on Form 2441?

That depends on the amount you elected to have contributed to the flexible spending arrangement. The exclusion from income for employer-provided benefits can be as high as $5,000, while the credit for dependent care expenses is based on annual dollar limits of $2,400 for one person and $4,800 for two or more persons. You must reduce those dollar limits by the amount of excludible dependent care benefits. If you had expenses that you paid yourself and the employer provided benefits were less than the applicable dollar limit, you can also claim the credit. Complete Part III of either Form 2441, Child and Dependent Care Expenses, or Form 1040A, SCHEDULE 2, Child and Dependent Care Expenses for Form 1040A Filers, to determine the excluded benefits and whether you can claim the credit.

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If my employer did not put the amount I paid into a flexible spending account for dependent care in box 10 on my Form W-2, can I claim the Child Care and Dependent Tax Credit?

If the omission was simply a clerical oversight, you may not claim the child care tax credit. If the flexible spending account was an eligible plan under Internal Revenue Code Section 125, the amount of the salary reduction that was contributed to your account should appear in box 10 of your Form W-2. Request a corrected Form W-2 from your employer.

You may claim the child care tax credit if the contribution to your flexible spending account was less than your annual dollar limitation for eligible expenses ($2,400 for one person, or $4,800 for two or more persons). Even if you cannot claim the credit, you must complete Part III of either Form 2441, Child and Dependent Care Expenses, or Form 1040A, SCHEDULE 2, Child and Dependent Care Expenses for Form 1040A Filers, to exclude your employer provided benefits from your income. If the amount you paid into a flexible spending account reduced your wages in box 1 of Form W-2, it is considered an employer provided benefit.

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I was under the impression that a Dependent Care Benefit Plan would benefit me, not penalize me with an increase in taxes. How can my employer say they provided a benefit in the total amount of $3,000 in W-2, Block 10 when I had $3,000 in wages set aside for dependent care benefits?

The actual mechanism for this type of plan is an agreement to voluntarily reduce your salary in return for an employer-provided fringe benefit. These plans must be set up this way to avoid the constructive receipt of the forgone cash wages, which would make the benefit taxable to you. Therefore, the benefits are actually employer provided or funded.

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How do I complete Form 2441 if I have flexible dependent care benefits through my employer?

You must complete Part III of Form 2441, Child and Dependent Care Expenses, (or Form 1040A, SCHEDULE 2, Child and Dependent Care Expenses for Form 1040A Filers) to claim the exclusion of the benefits from income even if you cannot claim the credit. Enter your total employer-provided dependent care benefits on line 10 (this amount should appear in box 10 of your Form W-2) and your qualified expenses on line 13. The last five lines of Part III will determine whether you can also take the credit and what your dollar limit is on qualified expenses. Complete Part I, Persons or Organizations Who Provided the Care, also.

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I am self-employed, but did not have net a profit last year. Is it correct that we do not qualify for the Child Care Credit on our joint return even though my wife received dependent care benefits on her W-2 box 10?

Generally, yes. When you complete Part III of Form 2441, Child and Dependent Care Expenses, which you must do to claim excluded benefits, line 17 asks you to enter the smallest of:

  • your dependent care benefits,
  • your qualified expenses,
  • your earned income, or
  • your spouse's earned income.

If you had a loss from self-employment and no other earned income, your earned income would be $0, unless you can use one of the optional methods on Form 1040, SCHEDULE SE, Self-Employment Tax. That would mean that the amount in box 10 of your wife's Form W-2 would have to be included in income. (For more information on the optional methods of computing self-employment tax, refer to Publication 533, Self-Employment Tax, or Instructions for Form 1040, Schedule SE, Self-Employment Tax.) If you were a full-time student during any five calendar months during the year, you would have deemed earned income of $200 per month.

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Is a flexible spending account for dependent care a dependent care benefit?

Yes. If the flexible spending account is providing you with a dependent care benefit, then it should be reported in box 10 of your Form W-2. These accounts are funded through a salary reduction, so the contribution to the account is considered an employer contribution. When you receive a dependent care benefit from your employer, you must complete Part III of Form 2441, Child and Dependent Care Expenses, (or Form 1040A, SCHEDULE 2, Child and Dependent Care Expenses for Form 1040A Filers) to see if the benefits are fully excluded from income. You may be able to also claim a credit for child and dependent care expenses if the excluded benefits are less than the dollar limit on qualified expenses.

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What publications are available that would explain the taxation policy for Flexible Spending Arrangements (FSAs)?

There is limited information about cafeteria plans in Publication 535, Business Expenses.

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When an employer provides day care assistance, should the employer's contribution be reported in box 10 of Form W-2?

Yes. An employer reports dependent care assistance payments in box 10 on Form W-2.

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Is an employer required to provide the IRS with a signed receipt from a dependent care provider in order to release funds that are withheld from an employee's pretax salary and deposited to a dependent care flexible spending account?

The Internal Revenue Service does not specify a method for the documentation of reimbursable expenditures. Good accounting and business practices should dictate the type and sufficiency of documentation provided by employees who claim reimbursable expenses. Please review the plan document to determine if it specifies the type(s) of documentation acceptable.

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Can an employer pay for health care costs of an employee as a fringe benefit?

Yes, an employer may pay for health care costs of an employee as a nontaxable fringe benefit provided it meets certain nondiscrimination rules. Refer to Publication 535, Business Expenses, for a complete discussion of employee benefit programs.

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If our company pays for the employee's health care costs directly to the medical facility, as opposed to a reimbursement, is the employee benefit reported on Form W-2 and subject to social security withholding?

Health care costs paid directly to the medical facility is a nontaxable employee benefit provided that it is paid as part of a qualifying accident and health plan. Refer to Publication 535, Business Expenses, for more information on employee benefit programs.

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If an employer pays health insurance benefits for the employee and dependents, are both the employee's and the dependent's benefits income to the employee?

If an employer provides health insurance for the employees, the benefit provided is not taxable to the employee. An employer can generally deduct the cost of a group health plan on the "employee benefit programs" line of their business income tax return.

Group health plan defined: This (including a self-insured plan) is a plan that provides medical care to your employees, former employees, or their families. The plan can provide care directly or through insurance, reimbursement, or otherwise. The employer can exclude the cost of providing group health insurance to an employee from his or her wages.

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If we give an employee a monthly car allowance, must it be included in the employee's taxable wages on their Form W-2?

Generally yes, unless paid under an accountable plan.

To be an accountable plan, your reimbursement or expense allowance arrangement must meet the qualifying requirements, explained later. A reimbursement or expense allowance arrangement is a system by which you substantiate and pay the advances, reimbursements, and charges for your employees' business expenses. If you make a single payment to your employees and it includes both wages and an expense reimbursement, you must specify the amount of the reimbursement.

Qualifying requirements. To qualify as an accountable plan, your reimbursement or expense allowance arrangement must require your employees to meet all of the following rules:

  • They must have paid or incurred deductible expenses while performing services as your employees,
  • They must adequately account to you for these expenses within a reasonable period of time, and
  • They must return any excess reimbursement or allowance within a reasonable period of time.
Please refer to Publication 535, Business Expenses, for additional information about accountable and nonaccountable plans.

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If our business pays for an employee's airfare on a business trip, but the employee does not submit an expense form relating to the travel, do we need to issue a Form 1099-MISC?

No, you should report the amounts as wages on Form W-2. Payments to your employee for travel and other necessary expenses of your business under a nonaccountable plan are wages and subject to income tax withholding and payment of social security, Medicare, and FUTA taxes. Your payments are treated as paid under a nonaccountable plan if:

  1. Your employee is not required to or does not substantiate timely those expenses to you with receipts or other documentation, or
  2. You advance an amount to your employee for business expenses and your employee is not required to or does not return timely any amount he or she does not use for business expenses.
The amount of the airfare should be included on the employee's Form W-2.

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How should a tuition reimbursement program for employees be reported as income to an employee? Should the employee be taxed at the 28% rate for supplemental payments on the next pay check after successful completion of the course or is this something that we just include on the W-2?

For employment tax and withholding purposes, you can treat fringe benefits as paid on a pay period, a quarter, a semiannual, annual, or other basis as long as the benefits are treated as paid no less frequently than annually. You do not have to choose the same period for all employees.

You can change the period as often as you like as long as you treat all the benefits provided in a calendar year as paid no later than December 31. You can also treat the value of a single fringe benefit as paid on one or more dates in the same calendar year, even if the employee receives the entire benefit at one time.

You can add the value of fringe benefits to regular wages for a payroll period and figure income tax withholding on the total, or you can withhold Federal income tax on the value of fringe benefits at the flat 28% rate applicable to supplemental wages. You must withhold the applicable income, social security, and Medicare taxes on the date or dates you chose to treat the benefits as paid. Deposit the amounts withheld as discussed in section 11 of Publication 15, Circular E, Employer's Tax Guide.

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