Compensation Flashcards

1
Q

2021 Adoption Assistance limits

A
  • $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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

2021 dependent care assistance maximum

A

$5K/year, $2,500 for married employees filing separate returns.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

2021 foreign earned income exclusion

A

$108,700

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

2021 foreign housing exclusion

A
  • $47.65 for each qualifying day

- $15,218 for the calendar year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

2021 formula to calculate additional FIT and Medicare wages for employer-paid employee taxes if stated wages is more than $127,165.95

A

(((Stated Pay - $127,165.95) / .9855) + $137,700)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

2021 formula to calculate additional social security wages for employer -paid employee taxes if stated wages is more than $127,165.95

A

Social security wages = max wage base of $142,800

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

2021 formula to calculate additional social security wages for employer-paid employee taxes if stated wages is more than $127,165.95

A

Social security wages = max wage base of $142,800.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

2021 formula to calculate additional wages for employer-paid employee taxes if stated wages is $127,165.95 or less

A

Stated wages / .9235

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

2021 formula to calculate the taxable value of a company car using the Cents-Per-Mile Rule

A

Personal miles drive x $0.56

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

2021 formula to calculate the taxable value of a company car using the Commuting Rule

A

For each employee in the vehicle, multiply each one-way commute the employee makes in the vehicle by $1.50

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

2021 Health FSA maximum

A

$2,750

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

2021 HSA Contribution Limits

A

$3,600 Individual; $7,200 Family; 55 or older additional $1,000 allowable catch-up contributions each year.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

2021 maximum excludable amount for bicycle commuting

A

$0.00 Bicycle commuting reimbursements are fully taxable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

2021 maximum excludable amount for qualified parking

A

$270 per month

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

2021 maximum excludable amount for transit passes and commuter highway vehicles

A

$270 per month combined

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

2021 mileage rate

A

56 cents per mile IRS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Another name for Nonqualified Stock Options

A

Nonstatutory stock options.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Are 3rd party sick pay payments subject to federal income tax withholding after an employee’s death?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Are below market rate and interest-free loans taxable?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

“Back pay” definition

A

Pay received during the current tax year for “actual or deemed employment” in a previous tax year.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Basis IRS looks at when determining if meal allowance is occasional.

A

Individual basis (not on a group basis)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Belo Plan

A

A salary method of compensation that includes expected overtime pay.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Box 12 Form W-2 code for Adoption Assistance

A

Code T

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Cafeteria plans are covered under what section of the Internal Revenue Code?

A

Section 125

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Can a business provide tax-free no additional cost services to the employees of a different company?

A

Yes, if the 2 companies have a written reciprocal agreement to provide services to each other’s employees.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Can an employer offset Jury Duty fees an employee receives against wage for exempt and/or nonexempt employees.

A

Yes, for both.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Can educational assistance amounts in excess of $5,250 be excluded from income?

A

Yes, if they qualify as working condition fringe benefits.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Criteria to determine if a payment is a tip vs. non-tip wages.

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Deadline for employee’s to report tips received from customers to their employer.

A

The 10th of the month after the month the tips are received. No report is required when tips are less than $20.00

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Define an achievement award.

A

Tangible property awarded to an employee based on length of service or safety achievement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Define an employer’s agent with regard to sick pay.

A
  • 3rd party who bears no insurance risk.

- Is reimbursed by the employer on a cost plus-fee basis.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Define an excess parachute payment.

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Define a “reasonable period” with regard to employee travel advances?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Define a temporary work assignment

A

Lasts for 1 year or less

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Define de minimis fringe benefits

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Define “engaged to be waiting” time

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Define Group Term Life insurance

A
  • 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Define no additional cost fringe benefits.

A

Employer provides services, which it normally offers to customers, to employees incurring no substantial additional cost to the employer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Define overtime in excess of the FLSA standard

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Define the “Special Accounting Rule.”

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Define “Waiting to be engaged” time

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Define working condition fringe benefits

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Define a workweek

A

A period of 168 consecutive hours (7 days x 24 hours)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

De minimus fringe benefits

A

Employer provided property or services of small value to employees without including the value in the employee’s income for taxation purposes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Difference between Educational Assistance and Tuition Reduction

A
  • Educational Assistance is reimbursement of employee education expenses
  • Tuition Reduction is when an educational organization offers its employees a lower rate of tuition
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Education costs not excludable from income.

A
  • Lodging - Meals - Transportation - Equipment & tools the student may keep at the end of the course
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Education costs that may be excluded from income.

A
  • Tuition - Books - Fees - Supplies & Equipment the student may not keep at the end of the course
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Examples of changes in family status that allow employee to change cafeteria plan elections.

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Examples of de minimis fringe benefits

A
  • 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Examples of noncompensatory reasons an employer may provide a cell phone

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Factors IRS considers to determine if meal allowance is occasional

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Fair Market Value

A

The amount it would cost an individual to purchase the benefit on the open market in an “arm’s length transaction”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Federal income tax withholding requirements for employer 3rd party agent paid sick pay.

A

Federal income tax withholding is required.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Federal income tax withholding requirements for employer paid sick pay.

A

Federal income withholding is required.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Federal income tax withholding requirements for insurance company paid sick pay

A

Federal income taxable but withholding is voluntary at the employee’s discretion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Federal taxability of accrued wages paid in the year of death

A
  • Exempt from FIT - Subject to social Security & Medicare taxes.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Federal taxability of ESPP

A
  • Purchase discount is reportable as FIT wages
  • FIT withholding is not required
  • Exempt from social security, Medicare and FUTA
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

Federal taxability of group-term life insurance in excess of $50K

A

FIT taxable, not withholdable
FICA taxable
FUTA exempt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

Federal taxability of military differential

A
  • Taxable for federal income tax

- Nontaxable for social security, Medicare and FUTA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

Federal taxability of NQSO

A

Upon exercise fair market value less amount paid for options is FIT, social security and Medicare taxable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

Federal taxability of supplemental unemployment benefits

A
  • Generally exempt from social security, Medicare and FUTA

- Exempt from FIT to the extent the employee paid for the benefit with after-tax dollars.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

Federal taxability of transportation or transit pass reimbursements an employee receives in excess of the allowable maximums

A

Fully Taxable Cannot treat as de minimis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

Federal taxability of Tuition Reduction

A

Nontaxable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

Form(s) you report accrued wages paid in the year of death.

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

Form(s) you use to report accrued wages paid in the year after death.

A

Report federal wages on Form 1099-MISC, box 3 “Other Income” under the name and taxpayer ID number of the estate or beneficiary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

Form to report Directors’ fees

A

Form 1099-MISC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

Form to report golden parachute payments.

A

Form W-2 for payments to employees. 1099-MISC for payments to nonemployees.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

Formula to calculate GTL taxable wages.

A
  • 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

Formula to calculate overtime for an hourly employee

A

Total pay for workweek divided by total hours worked = regular rate of pay. Regular rate of pay .5 overtime hours = overtime pay

70
Q

Formula to calculate overtime for a pieceworker

A

Piece rate pieces = total pay for workweek. Total pay for workweek divided by actual hours worked = regular rate of pay. Regular rate of pay .5 X overtime hours = overtime premium

71
Q

Formula to calculate overtime for a salaried employee with a fixed workweek.

A

Weekly salary divided by fixed workweek hours = regular rate of pay. Overtime hours regular rate of pay 1.5 = premium pay for overtime.

72
Q

Formula to calculate overtime for a salaried employee with a fluctuating workweek.

A

Weekly salary divided by actual total hours worked = regular rate of pay. Overtime hours regular rate of pay .5 = premium pay for overtime.

73
Q

Formula to calculate the taxable value of a company car using the Lease Value Rule for a vehicle with a fair market value over $59,999

A

((Fair market value of the vehicle 25%) + $500) = Annual Lease Value (ALV). ALV % of personal use = Taxable Annual Value

74
Q

Formula to calculate the taxable value of a company car using the Lease Value Rule for a vehicle with a fair market value up to $59,999.

A

Using the fair market value of the vehicle lookup the corresponding annual lease value. Annual lease value x % of personal use = taxable value

75
Q

Formula to pro-rate the taxable value of a company car if an employee uses the car for less than a full calendar year.

A

(Taxable annual value x (days used/365))

76
Q

The general valuation rule

A

Method for computing the taxable value for personal use of a company car. Taxable value is the fair market value an employee would have to pay to lease a similar vehicle

77
Q

how do you determine the taxable income to an employee a company gives a below-market rate or interest-free loan?

A

Difference between the current applicable federal rate and the interest rate on the loan.

78
Q

How do you report military differential pay?

A

Report on Form W-2 box 1

79
Q

How is overtime calculated when the workweek is changed?

A

At the time of transitioning the workweek the employer must calculate the overtime based on both the old workweek and new workweek and pay the higher amount.

80
Q

How long must an employee hold an ISO to qualify for long-term capital gain rates when sold?

A

Hold shares for 1 year from date of exercise and 2 years from date of grant.

81
Q

How many hours must fire protection employees and law enforcement work before becoming eligible for overtime?

A

Fire over 212 hours in a 28 day work period. Law over 171 hours in a 28 day work period.

82
Q

If a business provides retirement planning advice to its’ employees, is the benefit taxable?

A

No

83
Q

If an employee elects to receive cash in lieu of a benefit under a cafeteria plan, is the cash taxable wages?

A

Yes

84
Q

If an employee sells an ISO before the required holding period, what is the sale called?

A

A “disqualifying disposition”

85
Q

If an employee terminates, how long do they have to exercise ISOs and ESPPs?

A

3 months from termination date.

86
Q

If any portion of supplemental unemployment benefits is FIT taxable, how should you withhold?

A

Bases on the Employee’s Form W-4

87
Q

If on duty 24 hours or more, what is the maximum number of sleeping hours that may be excluded from wages.

A

8 hours

88
Q

If state overtime law varies from federal law, which law should you follow?

A

The law most favorable to the employee.

89
Q

In what year is back pay reported on Form W-2?

A

In the year paid.

90
Q

Is compensatory time off allowable under FLSA?

A

For public sector employees and exempt private sector employees.

91
Q

Is “engaged to be waiting” time compensable?

A

Yes

92
Q

Is federal income tax withholding required upon disposition of ESPP shares?

A

No. Purchase discount is reportable as FIT wages but withholding is not required.

93
Q

Is FIT withholding required from sick pay?

A
  • Employer paid or 3rd party agent paid on a cost plus fee basis
  • FIT is required
  • When responsibility to pay is transferred to an insurance company or other 3rd party
  • FIT withholding is voluntary, only withhold if employee requests on Form W-4S
  • Even when FIT withholding is not required, payments are FIT reportable
94
Q

Is overtime in excess of FLSA standard included in the regular rate of pay?

A

No

95
Q

Is paid on-call time counted as hours worked towards overtime?

A

Yes

96
Q

Is the taxability of supplemental unemployment benefits dependent on whether the employee was voluntarily or involuntarily terminated?

A

No

97
Q

Is unpaid on-call time counted as hours worked towards overtime?

A

No

98
Q

Is vacation/holiday/sick pay for unworked hours included in the regular rate of pay?

A

No

99
Q

Is “waiting to be engaged” time compensable?

A

No

100
Q

Key points of a Belo plan

A
  • The work, not the employer, must necessitate irregular hours
  • Max hours worked for guaranteed compensation is 60 hours
  • Over that must be paid overtime
  • Must have contract or agreement between the employer and the employee
  • Hours must fluctuate above and below 40 hours/week
  • Employee can’t be entitled to other compensation that impacts the regular rate of pay
101
Q

Key points of an employee business expense accountable plan.

A
  • Employee must have paid or incurred deductible expense while performing services for employer
  • Employee must substantiate expense to employer within a reasonable period of time
  • Employee must return to employer within a reasonable time any amount in excess of the substantiated amount
102
Q

Key points of an employee business expense nonaccountable plan.

A
  • Expenses not substantiated
  • Excess advances not required to be returned
  • Employee receives amount regardless of whether employer expected the monies to be spent on business expenses.
103
Q

List 3 conditions for meal money to be considered de minimis

A
  • Occasional
  • Provided for Overtime Work
  • Enables Overtime Work
104
Q

List the qualified benefits under a cafeteria plan

A
  • Accident and health benefits (excluding Archer medical savings accounts or long-term care insurance)
  • Flexible spending arrangements (FSA)
  • Adoption assistance
  • Dependent Care assistance
  • Group-term life insurance
  • Health savings accounts
105
Q

Maximum annual excludable amount for achievement awards

A

$1600 per employee total for qualified and nonqualified awards $400 per employee for awards that are not qualified

106
Q

Maximum comp time fire and law enforcement employees can accrue

A

480 hours

107
Q

Maximum comp time public employees other than fire and law enforcement can accrue

A

240 hours

108
Q

Maximum employee discount that may be excluded from income.

A

20%

109
Q

Maximum excludable amount for Educational Assistance

A

$5,250/year

110
Q

Moving expenses excludable for wages.

A
  • None
  • Exclusion was suspended effective 12/31/17 as part of the Tax Cuts and Jobs Act of 2017
  • Report amounts paid directly to employee or paid to third parties as taxable wages on W2 and withhold all taxes.
111
Q

No-additional-cost services

A

Employer may offer free services to its employees without including the fair market value of those services in the employees’ income

112
Q

Nontaxable Fringe Benefits

A

IRC 132 exempts certain fringe benefits from inclusion in income. They are not subject to federal income tax withholding or social security, Medicare or FUTA taxes.

113
Q

Number of work periods in a year for fire and law enforcement.

A

13 work periods (28 days x 13 work periods = 364 days)

114
Q

Once defined, can an employer change the workweek

A

Yes

115
Q

Overtime rules for hospital employees.

A

1.5 times regular rate of pay for the greater of hours worked over 8/day or hours worked over 80 in a 14 day work period.

116
Q

Payroll deductions under a cafeteria plan are exempt from what federal taxes?

A

FIT, Social Security, Medicare and FUTA

117
Q

Portion of back pay is excluded from wages

A

Amounts for personal injury, interest penalties and legal fees.

118
Q

Portion of overnight business trip travel time that is compensable under the FLSA

A

Travel during regular business hours on workdays and nonworking days

119
Q

Purpose of Totalization Agreements

A

To avoid dual taxation and dual coverage for social security

120
Q

Qualified adoption assistance expenses definition

A

Reasonable and necessary expenses directly related to the adoption of an eligible child including: Adoption fees, attorney fees, court costs, travel expenses (including meals and lodging) while away from home, re-adoption expenses relating to the adoption of a foreign child.

121
Q

Qualified employee discounts

A

Employer may offer discounted goods or services to its employees without adding the fair market value of the discounts to the employees’ income

122
Q

Required holding period for ESPP

A

2 years from date of grant, 1 year after employee exercises options

123
Q

Required holding period for Incentive Stock Options.

A

The later of 2 years from date of grant or 1 year from exercise date.

124
Q

Safe-harbor value for determining the fair market value of a vehicle.

A
  • The manufacturer’s invoice price (including options) plus 4% or
  • The manufacturer’s suggested retail price minus 8% (including sales tax, titles and other expenses of purchase) or
  • The retail value of the automovile reported by a nationally recognized pricing source if that retail value is reasonable for the automobile
125
Q

Significance of overtime paid in excess of the FLSA standard

A

Can be excluded form the calculation of an employee’s regular rate of pay and may be credited toward statutory overtime payments.

126
Q

Simple Cafeteria plan eligible employers

A

Employs an average of 100 or less employees during either of the 2 preceding years. Remain eligible in any subsequent year as long as don’t employ an average of 200 or more employees.

127
Q

Simple Cafeteria plan employer contribution options.

A
  • A uniform percentage of the employee’s compensation for the plan year, not less than 2%
  • An amount which is at least 6% of the employee’s compensation for the plan year or twice the amount of the salary reductions contributions of each qualified employee, whichever is less.
128
Q

Simple cafeteria plan participant requirements.

A
  • must allow all employees with at least 1,00 hours of service in the preceding plan year to participate in the plan
  • must allow all participants to elect any benefit offered under the plan
129
Q

Taxability of Adoption Assistance

A

Social Security, Medicare and FUTA taxable, Nontaxable for FIT up to excludable limit

130
Q

Taxability of employee business expense reimbursements

A

Nontaxable under an accountable plan

Taxable under a nonaccountable plan

131
Q

Taxability of employer-provided cell phones

A
  • Value of phone excludable as working condition fringe benefit
  • personal use of cell phone excludable as de minimis fringe benefit
  • Employer must provide phone for noncompensatory reasons
132
Q

Taxability of Golden Parachute payments

A

Fully taxable

133
Q

Taxability of Group-Term Life Insurance

A
  • Coverage over $50K is taxable for FIT, social security & Medicare
  • Exclude amount employee pays for coverage
134
Q

Taxability of ISO’s if the employee sells after the required holding period.

A
  • Qualifies for favorable tax treatment as a long-term capital gain
  • Gain is not considered wages
  • No W-2 reporting required
135
Q

Taxability of ISOs if the employee sells before the required holding period.

A
  • Report the spread between the exercise price and the fair market value of the stock at the time of exercise on Form W-2 box 1, federal taxable wages
  • Federal income tax withholding is not required
  • Exempt from social security, Medicare and FUTA
136
Q

Taxability of travel advances

A
  • Substantiated under an accountable plan are nontaxable
  • Unsubstantiated or excess not returned under an accountable plan are taxable
  • Paid under a nonaccountable plan are taxable when paid to the employee
137
Q

To qualify as a commuter highway vehicle how many people must the vehicle seat

A

6 adults in addition to the driver

138
Q

To qualify as a commuter highway vehicle, what percentage of its seats employees must occupy

A

50%

139
Q

To Qualify as a commuter highway vehicle, what percentage of its use must be for commuting employee to work?

A

80%

140
Q

True or False: Only cash tips are reported on Form 4070

A

False. Report must include cash tips and tips the employer-paid the employee from credit card customers.

141
Q

True or False: The workweek must be a calendar week.

A

False. A workweek does not need to be a calendar week.

142
Q

Two Categories of requirements employer must meet in order to establish a simple cafeteria plan.

A

Eligibility and participation requirements

143
Q

Two other names for International social security agreements

A

Totalization Agreements, Binantional Social Security Agreements

144
Q

Types of education excludable from income under an educational assistance plan

A

Undergraduate courses, Graduate courses

145
Q

Types of education non excludable from income under an educational assistance plan

A

Sports, games and hobbies. Unless the education has a direct relationship to the business or is required to obtain a degree.

146
Q

Types of pay excluded from the regular rate of pay.

A
  • Discretionary bonuses
  • Expense reimbursements
  • Overtime in excess of the FLSA standard
  • Commuting time
  • Pay for unworked hours (i.e. vacation, sick, show-up pay, call-back pay)
147
Q

Types of pay included in the regular rate of pay

A
  • Regular pay (hourly wage, salary, piece rate etc.)
  • Nondiscretionary bonuses
  • Shift premiums
  • Production bonuses
  • Fair market value of noncash compensation
  • Retroactive pay (pro-rate over the period covered and adjust overtime previously paid)
  • On-call pay
  • All payments not specifically excluded by law
148
Q

Upon termination at what rate of pay should pay accrued compensatory time off?

A

The higher of the average regular rate of pay for the last 3 years of employment or the final rate of pay.

149
Q

Values in the IRS Annual Lease Value Table are based on what lease term?

A

4 Year lease term

150
Q

W-2 reporting requirements when NQSO are exercised

A
  • Report as FIT wages in box 1
  • Report social security wages, up to wage limit in box 3
  • Report Medicare wages in box 5
  • Report in Box 12, cod V
  • Report any FIT, social security and Medicare taxes collected from the employee in the appropriate boxes
151
Q

What form does an employee use the report tips received to the employer

A

Form 4070 employee’s report of tips to employer

152
Q

What is the employee penalty for failing to report tips?

A

50% of the FICA taxes the employee owes on the tips

153
Q

What is the excise tax rate on excess parachute payments?

A

20% nondeductible excise tax in addition to regular withholding

154
Q

What is the formula to calculate the taxable value of a parking space an employer purchases for an employee?

A

Fair market monthly value of the parking space less monthly amount paid by the employee less qualified parking exclusion

155
Q

What is the mileage requirement to use the Cents-per-mile rule?

A

Vehicle is driven primarily by employees and for at least 10,000 miles during the year. Pro-rate the mileage requirement if the employer owns the vehicle for only part of the year

156
Q

What is the “purchase discount” on ESPP?

A

Difference between FMV of stock on date of exercise and exercise price.

157
Q

What pay rate must overtime be paid at

A

1.5 times the regular rate of pay

158
Q

What taxes are tips subject to withholding?

A
  • FIT and FICA

- Subject to FUTA if employee reports in writing $20 or more tips in a month

159
Q

When an employee may make changes to their cafeteria plan elections.

A
  • Annually during open enrollment
  • Due to a change in family status
  • Upon termination
  • Due to a significant change in the employee’s care coverage by a 3rd party provider
160
Q

When an employer’s agent makes 3rd party sick pay payments, who is responsible for employment taxes?

A

The employer, unless the employer and agent enter into an agreement transferring responsibility for the taxes to the agent.

161
Q

When an insurance company makes 3rd party sick pay payments for an employer who is responsible for employment taxes

A

The insurance company is responsible for withholding employee taxes and is liable for employer taxes

162
Q

When can training or meeting time be excluded from hours worked.

A

Occurs outside normal working hours, attendance is voluntary, subject matter is not job-related and no other work is performed during the training/meeting

163
Q

When do sick pay payments become exempt from Social Security, Medicare and FUTA tax

A

after the end of 6 calendar months after the calendar month that the employee last worked for the employer. The payments are always subject to FIT.

164
Q

When is 3rd party sick pay not subject to social security, Medicare and FUTA?

A
  • Payments after the end of 6 calendar months after the calendar month that the employee last worked
  • Sick pay amounts paid after an employee’s death or disability retirement
  • Sick pay amounts paid to the employee’s estate or survivor after the calendar year of death
  • payments to an employee who is entitled to disability insurance payments
  • The portion of the payments attributable to an employee’s after-tax contribution to the plan
165
Q

When must On-call time be paid?

A

If the employee must remain on the company premises or nearby and is constrained from conducting personal business, the time is compensable

166
Q

When should you report ESPP purchase discount on Form W-2?

A

Upon the sale of the stock or any disqualifying or qualifying disposition

167
Q

Where can you find the value of a vehicle for purposing of calculating the taxable income to an employee?

A

IRS Publication 15-B, Annual Lease Value Table.

168
Q

Where do you find the monthly cost figures for GTL?

A

IRS Publication 15-B

169
Q

Where do you report dependent care on Form W-2?

A

Box 10

170
Q

Working condition fringes

A

Employer may offer certain work-related property or services to employees without including their fair market value in the employees’ income.