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Question

We have folks work on commission only and they are also responsible for all of their own entertainment expenses. We would like to reimburse them the expense then deduct it back from their commissions so that their taxable income is less when we do payroll. Is this allowed? Do plans like this exist? If so, where can I get documentation on how it should work? What are the the federal, state, SS, and medicare tax implication?

Submitted: 17 days and 11 hours ago.
Category: Tax
Value: $30
Status: CLOSED
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State/Country relating to question: Maryland

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I've done varies web searchs including the IRS.gov site, but can't find any data.

Posted by Merlo 17 days and 11 hours ago.

Answer

Hello kbowling,

 

If you reimburse your employees for expenses using an accountable plan, then you are not required to include the amount of those reimbursements in the employee's taxable income. An accountable plan is one where the employee provides you with receipts for their actual expenses incurred, and you reimburse them the exact amount of their expenses.

 

If you were to simply give them a flat travel and entertainment allowance and did not require that they justify their expenditures, then the allowance would need to be included as part of their taxable income.

 

So if you pay them for their expenses under an accountable plan, those reimbursements are not subject to tax. If you then lower their commissions because of your new reimbursement policy, then in effect you are simply paying them a lower rate of pay, and only the amount you actually pay them is subject to federal, state, SS and Medicare taxes.

 

The guidelines for reimbursing employees for travel and entertainment expenses can be found in IRS Publication 463.

 

If this was helpful please press the Accept button. Positive feedback is also appreciated.

 

Thank you kbowling

17 days and 11 hours ago.

Reply

Since entertainment is normally 50% deductibe as a business expense does this mean that we can only deduct 50% from our commission folks?

Posted by Merlo 17 days and 11 hours ago.

Answer

Hello again kbowling,

 

You are not subject to a 50% limit on these deductions as long as you use an accountable plan and as long as you only reimburse your employees for the actual amount of their expenses.

 

Please refer to Page 11 of Publication 463 which discusses the 50% limit on meal and entertainment expenses, and the fact that this limit does not apply under an accountable plan.

 

http://www.irs.gov/pub/irs-pdf/p463.pdf

 

If this was helpful please press the Accept button.

 

Thank you kbowling

 

 

 

17 days and 11 hours ago.

Reply

Are there any other limits we need to be concerned with? Let the 80% for meals when traveling on business. Should we only reimburse 80% or is this similiar to the 50% rule when it comes to an accoutable plan?

Posted by Merlo 17 days and 11 hours ago.

Answer

Hello again kbowling,

 

Both meals and entertainment expenses are covered under this same rule. If those expenses are reimbursed under an accountable plan, then the entire cost is deductible.

 

If this was helpful please press the Accept button.

 

Thank you again kbowling

 

 

17 days and 11 hours ago.

Reply

Thank you for your responses I had read the 463 and 535 but wasn't comfortable with comprehending it correct. Just for confirmation purposes this is what I've concluded from our correspondence.

 

Since we are using an accoutable reimbursement plan we can reimburse our employees for 100% of their expenses then deduct 100% of the reimbursement from their taxable commission income, since in effect we are simply paying them a lower rate of pay, and only the amount you actually pay them is subject to federal, state, SS and Medicare taxes. Correct?

 

Also, is there a way that I can print out the transcript of our conversation thread?

 

Accepted Answer

Hello kbowling,

 

Yes, your understanding of our conversation is correct.

 

You may print out this page by simply highlighting the entire page with your mouse, and then using the "print selected text" option.

 

If this was helpful please press the Accept button.

 

Thank you kbowling

 

 

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Expert: Merlo
Pos. Feedback: 99.8 %
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Answered: 11/4/2009

Accountant

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

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