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Fringe benefits and their tax treatment by prominent executives and others has been highlighted in the current news cycle. Many have pointed to the ambiguity of the term “fringe” and the complicated tax rules to defend their positions on everything from tuition reimbursement to mileage reimbursement. Tax practitioners know that fringe benefits are taxable income unless there is an exception. However, the details can be complicated. While some non-cash benefits are nontaxable, others are taxed at amounts less than fair market value, and still others at fair market value. And, if an employer pays an employee’s debts or makes other payments on behalf of the taxpayer, those will likely be taxable wages. Upon learning of an audit or examination, first review the employer’s treatment of the panoply of fringe benefits that may be provided to an employee and investigate whether, if taxable, proper valuation, withholding, and Form W-2 reporting has been made. In short, all fringe benefits are taxable unless a clear exception applies, so documentation and compliance are key.
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