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Question
If a union employee of a government entity (a fire dept.) works overtime he is paid time and a half for that overtime and therefore pays income taxe, medicare and social security tax on that extra income, not to mention the employer pays the extra matching social security. Now, what if that firefighter agrees to takes extra time off in lieu of taking the cash (i.e. work 24 hours overtime but take 36 hours of time off instead of cash) and this becomes the normal routine by contractual agreement, is there any liability to the firefighter or the City from a tax code standpoinnt? As I see it the federal governments might have issue with the loss of revenue? Is this considered bartering? and is it taxable? Furthermore, does it make any difference if the working of this unpaid overtime is mandatory and the firefighter MUST work it unconditionally? This is an actual scenario enacted because of the current economical crisis.
Submitted: 68 days and 6 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Country/State/Province of question: Miami, Florida
Accepted Answer
Hello Ika,
Whether or not you actually pay the employee for his overtime or give him compensatory time off is not something governed by the IRS.
In your particular example, you are actually saying that if an employee works 24 hours you are letting him take 36 hours off in compensatory time. So if you are paying him his regular wage for those 36 hours, it is the equivalent of paying him time and one half for the 24 O/T hours he worked. The same amount of income ends up being reported to the IRS either way.
This would be more of an issue with your state's wage and labor board or your union as to whether or not they would allow this. The IRS only requires that he pay tax on actual earnings he was paid, regardless of how those earnings are calculated or how they figure in with paid time off.
If this was helpful please prses the Accept button.
Thank you Ika.
Expert:
Merlo
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99.8 %
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Answered:
9/14/2009
Accountant
25+ years tax consulting. Specializing in returns for US citizens living abroad
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