JustAnswer > Tax
Ask A Question|Register|Login|Help
JustAnswer

Tax

Ask a Tax Question, Get an Answer ASAP!

Have your own Tax question?

3 Tax Professionals are Online Now
characters left:
Not a Tax Question?

Related Tax Topics:

  • Irs
  • ,
  • Pay
  • ,
  • Tax
  • ,
  • Cash
  • ,
  • Code
  • ,
  • Loss
  • ,
  • Paid
  • ,
  • Pays
  • ,
  • Time
  • ,
  • Work
Bookmark and Share

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
+
Read More

Optional Information

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.

Picture
Expert: Merlo
Pos. Feedback: 99.8 %
Accepts: 
Answered: 9/14/2009

Accountant

25+ years tax consulting. Specializing in returns for US citizens living abroad

+
Read More

Related Tax Questions

  • my employer is shorting me buy not taking out enough fed or ...
  • Hi, I am writting to ask what I file to let the state and .....
  • what qualifies a taxpayer to use the filing status head of h...
  • If I am working as a independent contractor for a ...
  • To report my share of community income do i just enter 1/2 ....
  • I purchased a pool service business for 60,000.00 with no .....
  • My daughter is a college student in New York City and ...
  • What are the following journal entries?



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.