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Club Memberships
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Club dues are taxable income to the employee, except for that portion of the dues that are business related, which must be substantiated Clubs that fall into this category are airline and hotel clubs, as well as golf, athletic, and country clubs The portion of the club dues that are personal income to the employee can be treated as a wage expense to the employer for tax purposes
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Example: Brad Harvest is a member of an airline club, which allows him ac-
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cess to club facilities at a variety of airports around the country He estimates that he uses these facilities 70 percent of the time while he is traveling on company business He can substantiate this estimate with travel records The annual cost of the membership is $400 Accordingly, only 30 percent of the cost, or $120, is recognizable as his personal income
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Education Reimbursement
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The reimbursement of an employee s educational expenses by the employer is not income to the employee if the education being reimbursed is related to his or her
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current job and will either maintain or improve the person s skills for conducting that job However, the payments are income if the education is to promote the person or shift him or her into an unrelated position requiring different skills An employer can change the reportable income situation somewhat by creating an educational assistance plan (EAP) This is a written plan that an employer creates on behalf of its employees, who are the only recipients of educational assistance under the plan The plan is only acceptable to the IRS if it does not favor highly compensated employees or shareholders, does not give employees the option to receive cash instead of educational assistance, and is created with a reasonable amount of notice to employees For this plan, employees are considered to be current staff, long-term leased staff, former staff who have retired, were laid off, or who left due to disability, or a sole proprietor or business partner Expenses covered under the plan include school fees, supplies, books, and equipment related to training, but do not include expenses for lodging, meals, and transportation, nor education related to sports or hobbies unless this education is both related to the business and is part of a degree program If all of these conditions are met, then using an EAP will allow each employee to exclude up to $5,250 per year for educational assistance paid by the employer
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Employee Achievement Awards
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Employee achievement awards can be excluded from employee gross income, but only if the awards are tangible property given in recognition of length of service with the business or for safety achievement, and awarded as part of a meaningful presentation This exclusion is up to $400 per year A higher limit of $1,600 applies if the awards are made under a written plan that does not favor highly compensated employees The total exclusion for both types of awards is $1,600, not the combined total of $2,000
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Example: Marion Smith continues to receive achievement awards for every
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quarter during which she works in a meat packing plant without being injured Every quarter, she is paid a bonus of $50 during a formal achievement ceremony This payment is taxable gross income to her, because it is a cash award instead of a tangible award
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Golden Parachute Payments
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Golden parachute payments are made to employees or officers as a result of a change in corporate control or ownership This type of payment is subject to all normal payroll tax withholdings In addition, if the payment is more than three times a person s average annual compensation for the past five years, the employer must also withhold a 20 percent excise tax for the incremental amount exceeding this limit
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Example: The Golden Egg Company has laid one by being sold to a large international conglomerate Under the terms of a golden parachute agreement, its president, Jason Fleece, is awarded a payment of $500,000 His average pay for the past five years was $125,000 Three times this amount, or $375,000, is the limit above which a 20 percent excise tax will be imposed The amount subject to this tax is $125,000, so the company must deduct $25,000 from the total payment, in addition to all normal payroll taxes on the full $500,000 paid
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