- 30 - Petitioner observes, correctly, that mileage-based reimbursement arrangements like those described in the fifth factor (and at issue here) are expressly recognized in section 1.62-2(d)(3)(ii), Income Tax Regs., as satisfying, in certain circumstances, the so-called business connection requirement as necessary for a reimbursement arrangement to qualify as an accountable plan.22 Therefore, petitioner elliptically concludes, the fifth factor of section 4.02 of the Revenue Procedures conflicts with section 1.62-2(d)(3)(ii), Income Tax Regs., and is therefore invalid. Insofar as we are able to understand petitioner’s argument, we disagree with it. We perceive no conflict between section 1.62-2(d)(3)(ii), Income Tax Regs., and section 4.02 of the Revenue Procedures. 21(...continued) to employees under so-called accountable plans. See sec. 1.62- 2(c)(4), (h), Income Tax Regs. By contrast, reimbursement payments under nonaccountable plans must be reported as wages to the employees and are subject to withholding and employment taxes. See sec. 1.62-2(c)(5), Income Tax Regs. 22 For qualification as an accountable plan, one requirement (the so-called business connection requirement) is that the reimbursement arrangement must provide reimbursements only for business expenses that are allowable as deductions under I.R.C. pt. VI (secs. 161-197) and that are paid or incurred by the employee in connection with the performance of services as an employee of the employer. Sec. 1.62-2(c)(1) and (d)(1), Income Tax Regs. A per diem allowance arrangement that is “computed on a basis similar to that used in computing the employee’s wages or other compensation (e.g., the number of hours worked, miles traveled, or pieces produced)” will meet the business connection requirement only in certain circumstances, one of which is that “a per diem allowance computed on that basis was commonly used in the industry in which the employee is employed.” Sec. 1.62- 2(d)(3)(ii), Income Tax Regs.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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