Compensation Flashcards
2021 Adoption Assistance limits
- $14,440 excludable from income
- Excludable amount starts to phase out for employees with annual income of $216,660 and phases out completely for those making $256,660 or more.
2021 dependent care assistance maximum
$5K/year, $2,500 for married employees filing separate returns.
2021 foreign earned income exclusion
$108,700
2021 foreign housing exclusion
- $47.65 for each qualifying day
- $15,218 for the calendar year
2021 formula to calculate additional FIT and Medicare wages for employer-paid employee taxes if stated wages is more than $127,165.95
(((Stated Pay - $127,165.95) / .9855) + $137,700)
2021 formula to calculate additional social security wages for employer -paid employee taxes if stated wages is more than $127,165.95
Social security wages = max wage base of $142,800
2021 formula to calculate additional social security wages for employer-paid employee taxes if stated wages is more than $127,165.95
Social security wages = max wage base of $142,800.
2021 formula to calculate additional wages for employer-paid employee taxes if stated wages is $127,165.95 or less
Stated wages / .9235
2021 formula to calculate the taxable value of a company car using the Cents-Per-Mile Rule
Personal miles drive x $0.56
2021 formula to calculate the taxable value of a company car using the Commuting Rule
For each employee in the vehicle, multiply each one-way commute the employee makes in the vehicle by $1.50
2021 Health FSA maximum
$2,750
2021 HSA Contribution Limits
$3,600 Individual; $7,200 Family; 55 or older additional $1,000 allowable catch-up contributions each year.
2021 maximum excludable amount for bicycle commuting
$0.00 Bicycle commuting reimbursements are fully taxable
2021 maximum excludable amount for qualified parking
$270 per month
2021 maximum excludable amount for transit passes and commuter highway vehicles
$270 per month combined
2021 mileage rate
56 cents per mile IRS
Another name for Nonqualified Stock Options
Nonstatutory stock options.
Are 3rd party sick pay payments subject to federal income tax withholding after an employee’s death?
No
Are below market rate and interest-free loans taxable?
Yes, if the loan is over $10,000 or if under $10,000 and the principal purpose of the loan is to avoid federal tax.
“Back pay” definition
Pay received during the current tax year for “actual or deemed employment” in a previous tax year.
Basis IRS looks at when determining if meal allowance is occasional.
Individual basis (not on a group basis)
Belo Plan
A salary method of compensation that includes expected overtime pay.
Box 12 Form W-2 code for Adoption Assistance
Code T
Cafeteria plans are covered under what section of the Internal Revenue Code?
Section 125
Can a business provide tax-free no additional cost services to the employees of a different company?
Yes, if the 2 companies have a written reciprocal agreement to provide services to each other’s employees.
Can an employer offset Jury Duty fees an employee receives against wage for exempt and/or nonexempt employees.
Yes, for both.
Can educational assistance amounts in excess of $5,250 be excluded from income?
Yes, if they qualify as working condition fringe benefits.
Criteria to determine if a payment is a tip vs. non-tip wages.
- The payment must be made free from compulsion
- The customer must have the unrestricted right to determine the amount
- The payment should not be the subject of negotiation or dictated by employer policy
- Generally the customer has the right to determine who receives the payment
Deadline for employee’s to report tips received from customers to their employer.
The 10th of the month after the month the tips are received. No report is required when tips are less than $20.00
Define an achievement award.
Tangible property awarded to an employee based on length of service or safety achievement.
Define an employer’s agent with regard to sick pay.
- 3rd party who bears no insurance risk.
- Is reimbursed by the employer on a cost plus-fee basis.
Define an excess parachute payment.
If a payment equals or exceeds 3 times the average annual compensation of the recipient over the previous 5-year period it’s this. The entire amount that exceeds the 5-year average is the excess.
Define a “reasonable period” with regard to employee travel advances?
- Receive the advance within 30 days of incurring expenses
- Account for the advance with 60 days of incurring expenses
- Return excess within 120 after incurring expenses
Define a temporary work assignment
Lasts for 1 year or less
Define de minimis fringe benefits
- A service or property, which has such little value that, it’s unreasonable or administratively impracticable to quantify
- No amount of cash is considered de minimus
Define “engaged to be waiting” time
Employee is on the employer’s premises, does not have ample time to conduct personal business and is merely waiting for a short period until they can commence work.
Define Group Term Life insurance
- Must provide at least 10 full-time employees
- Coverage level is formula based using age, years of service, pay or position to determine amount of insurance for each employee
- Insurance provides a general death benefit
- Employer directly or indirectly carries the policy
- Excludes life insurance coverage on employee spouse or dependents, travel insurance, accidental death insurance and insurance that provides a benefit that extends beyond one year.
Define no additional cost fringe benefits.
Employer provides services, which it normally offers to customers, to employees incurring no substantial additional cost to the employer
Define overtime in excess of the FLSA standard
Double-time, triple time or overtime pay of at least 1.5 times pay for working over 8 hours per day or weekends or holidays.
Define the “Special Accounting Rule.”
- You may treat the value of taxable noncash fringe benefits as paid on any frequency but not less than annually
- You may report benefits actually provided during the last two calendar months of the year as paid in the following year
Define “Waiting to be engaged” time
Employee is free from all work duties for a specified period of time. The employee has sufficient time to conduct personal business before returning to work.
Define working condition fringe benefits
Value of property or services the employer provides to the employee that the employee could deduct as a business expense if the employee had paid for it.
Define a workweek
A period of 168 consecutive hours (7 days x 24 hours)
De minimus fringe benefits
Employer provided property or services of small value to employees without including the value in the employee’s income for taxation purposes
Difference between Educational Assistance and Tuition Reduction
- Educational Assistance is reimbursement of employee education expenses
- Tuition Reduction is when an educational organization offers its employees a lower rate of tuition
Education costs not excludable from income.
- Lodging - Meals - Transportation - Equipment & tools the student may keep at the end of the course
Education costs that may be excluded from income.
- Tuition - Books - Fees - Supplies & Equipment the student may not keep at the end of the course
Examples of changes in family status that allow employee to change cafeteria plan elections.
- Marriage or divorce - Birth or Adoption - Termination or start of employment of the employee’s spouse - Employee or spouse switching from FT to PT or vice versa - Employee or spouse take unpaid LOA - Significant changes in the health coverage of the employee or spouse attributable to spouse’s employment - To revoke, election for employer’s group health coverage, other than FSA, to purchase a plan through a competitive marketplace under the PPACA either due to reduction in hours to less than 30 hrs per week or to prevent duplicate coverage
Examples of de minimis fringe benefits
- Occasional personal use of office equipment - Holiday gifts with low fair market value - GTL on employee’s spouse or dependent if the face amount is not more than $2k - Occasional parties or picnic - Occasional tickets for entertainment or sporting events - Occasional meals or meal money to enable employees to work overtime - De minimis transportation fare - Electronic filing of an employee’s tax return by the employer - Volunteer Income Tax Assistance (VITA) program.
Examples of noncompensatory reasons an employer may provide a cell phone
- Need to contact the employee at all times for work-related emergencies - Requirement that the employee be available to speak with clients at times when the employee is away from the office - Need to speak with clients located in other time zones at times outside the employee’s normal workday
Factors IRS considers to determine if meal allowance is occasional
- Availability, regularity and routine with which provided - If provided under existing company policy or a collective bargaining agreement as opposed to at the employer’s discretion
Fair Market Value
The amount it would cost an individual to purchase the benefit on the open market in an “arm’s length transaction”
Federal income tax withholding requirements for employer 3rd party agent paid sick pay.
Federal income tax withholding is required.
Federal income tax withholding requirements for employer paid sick pay.
Federal income withholding is required.
Federal income tax withholding requirements for insurance company paid sick pay
Federal income taxable but withholding is voluntary at the employee’s discretion
Federal taxability of accrued wages paid in the year of death
- Exempt from FIT - Subject to social Security & Medicare taxes.
Federal taxability of ESPP
- Purchase discount is reportable as FIT wages
- FIT withholding is not required
- Exempt from social security, Medicare and FUTA
Federal taxability of group-term life insurance in excess of $50K
FIT taxable, not withholdable
FICA taxable
FUTA exempt
Federal taxability of military differential
- Taxable for federal income tax
- Nontaxable for social security, Medicare and FUTA
Federal taxability of NQSO
Upon exercise fair market value less amount paid for options is FIT, social security and Medicare taxable.
Federal taxability of supplemental unemployment benefits
- Generally exempt from social security, Medicare and FUTA
- Exempt from FIT to the extent the employee paid for the benefit with after-tax dollars.
Federal taxability of transportation or transit pass reimbursements an employee receives in excess of the allowable maximums
Fully Taxable Cannot treat as de minimis
Federal taxability of Tuition Reduction
Nontaxable
Form(s) you report accrued wages paid in the year of death.
- Report social security and Medicare wages and taxes on Form W-2 under the deceased employee’s name and SSN
- Report federal wages on Form 1099-MISC, box 3 “Other Income” under the name and taxpayer ID number of the estate or beneficiary
Form(s) you use to report accrued wages paid in the year after death.
Report federal wages on Form 1099-MISC, box 3 “Other Income” under the name and taxpayer ID number of the estate or beneficiary
Form to report Directors’ fees
Form 1099-MISC
Form to report golden parachute payments.
Form W-2 for payments to employees. 1099-MISC for payments to nonemployees.
Formula to calculate GTL taxable wages.
- Step 1 insurance coverage, rounded to the nearest $100, minus $50K
- Step 2 Divide results from Step 1 by $1,000
- Step 3 Look up monthly cost based on the employee’s age on the last day of the tax year
- Step 4 Multiply the result from Step 2 by the monthly cost figure for step 3
- Step 5 Multiply the result in step 4 by 12 to annualize the cost.
- Step 6 Subtract the annual amount the employee paid for the coverage to arrive at the annual cost to include as wages.