The Tax Management Transfer Pricing Report ™ provides news and analysis on U.S. and international governments’ tax policies regarding intercompany transfer pricing.
By Joy Sellstrom, Esq., and Kelly Pointer, Esq.
Seyfarth Shaw LLP, Chicago, IL, and Houston, TX, respectively
On December 18, 2015, Congress passed the Consolidated Appropriations Act, 2016 (Pub. L. No. 114-113) which amended the Internal Revenue Code to retroactively (and permanently) adjust the limits on qualified transportation fringe benefits. On January 11, 2016, the Internal Revenue Service issued Notice 2016-6 to address employers' questions regarding the retroactive application of the increased exclusion for 2015.
Section 132 excludes qualified transportation fringe benefits from gross income, including: (1) transportation in a commuter highway vehicle between home and work, (2) transit passes, and (3) qualified parking. Prior to the Act, the maximum monthly amount excludible from gross income was $250 per month for qualified parking, and $130 for transportation in a commuter highway vehicle and transit passes combined (collectively, "transit benefits"). The Act amended §132(f) to equalize the income exclusions for parking expenses and transit benefits retroactive to January 1, 2015.
As a result of this amendment, the maximum monthly exclusion for transit benefits are as follows:
|Type of Benefit||Prior 2015 Monthly Limit||New 2015 Monthly Limit||2016 Monthly Limit|
Employer Instructions for W-2s
Employers that paid transit benefits in excess of the prior $130 limit must reduce the taxable wages of affected employees reported in Form W-2 box 1, Wages, tips, other compensation; box 3, social security wages; and box 5, Medicare wages by the amount of transit benefits provided, up to $250. Similarly, if an employee purchased transit benefits through a salary reduction plan in excess of the prior $130 limit (e.g., purchased a transit pass for the month with a pre-tax deduction of $130 and a post-tax deduction of $70), the deduction in excess of $130 (up to $250) must be treated as a pre-tax deduction. (The Notice provides that employees may not, however, retroactively increase their compensation reduction elections to take advantage of the retroactive increase.)
Recouping Employment Tax Overpayments - Special Procedure
An employer may obtain a refund of overpaid employment taxes on an employee's behalf. Employers that originally reported excess transit benefits as includible in gross income and withheld FICA taxes would normally be required to file Form 941-X for each quarter to make corrections. However, under a special rule, the adjustment can be made on the fourth quarter Form 941 without filing Form 941-X or obtaining the employee statements if the employer has not yet filed its Form 941 for the fourth quarter of 2015. (The fourth quarter Form 941 is due February 1, 2016, with 10 additional days permitted if the employers taxes are deposited on time). See http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Employment-Tax-Due-Dates.
Procedure for Employers Who Have Filed Fourth Quarter Form 941 or Have Not Reimbursed Employees Prior to Fourth Quarter Form 941
Employers that have already filed fourth quarter Form 941, or have not reimbursed their employees who received excess transit benefits prior to filing the fourth quarter Form 941, must use Form 941-X and obtain a statement from employees confirming that the employee has not and will not seek a refund of over-withheld amounts.
For more information, in the Tax Management Portfolios, see Elwood and Moore, 394 T.M., Employee Fringe Benefits, Allman, 392 T.M., Withholding, Social Security and Unemployment Taxes on Compensation, and in Tax Practice Series, see ¶5960, Statutory Fringe Benefits, ¶5440, Employment Tax Withholding Requirements.
Copyright © 2016 Seyfarth Shaw LLP.
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