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Federal Income Taxation of Employee Meals and Lodging, Housing, and Educational Benefits After the Tax Cuts and Jobs Act

OnDemand Webinar (92 minutes)

The tax implications of employer-provided meals, lodging, and educational benefits are complex and have changed significantly under the new tax law - make sure you understand the changes in determining your policies.The tax implications of employer-provided meals, lodging, and educational benefits are complex and have changed significantly under the new tax law, make sure you understand the changes in determining your policies. Employers must often provide meals and lodging for their employees where necessary for their employees to perform their jobs. Additionally, employers may wish to provide their employees with meals as a fringe benefit, and may also wish to reward their employees with educational benefits for the employee or his or her children, either to advance the employee's job skills or as a reward for service and to promote a high performance workplace. However, employers must be aware of federal tax laws when providing these benefits, or else they may find that these benefits are more expensive than they originally thought. This topic will help you learn the different ways that employees may be provided with nontaxable or only partially taxable meals and lodging in appropriate circumstances where necessary to perform their job, or on the road, and may also be rewarded for exceptional performance, without incurring additional tax expense, or at least avoiding penalties. Important reporting and withholding requirements ensure that employers fully comply with their federal tax obligations. This material will also keep you abreast of important changes in this area under the Tax Cuts and Jobs Act.

Authors

Luke D. Bailey, Clark Hill Strasburger Joshua Wu, Clark Hill Strasburger

Agenda

Employer-Provided Housing Under Section 119 for "Convenience" of Employer

• Basic Requirements of Section 119

• Meals and Housing Must Be Furnished "in Kind"

• Provided for the Employer's Convenience

• Permanent vs. Temporary Job Sites

• 50% Reduction for Meals Under Tax Cuts and Jobs Act (TCJA)

• Problem Areas and Case Law

• Foreign Housing Costs Under Section 911

Meals Other Than Under Section 119

• Meals as Working Condition or De Minimis Fringe Benefits Under Section 132

• Business Meals With Clients and Prospects

• Subsidized On-Premises Employee Dining Facilities Under Section 132(e)(2)

• Changes Under Tax Cuts and Jobs Act

Educational Benefits

• Job Related Educational Expenses as Working Condition Fringe Benefits

• Limitations on Expenses of Seminars and Other Training Involving Foreign Travel

• Educational Assistance Plans Under Section 127

• Qualified Scholarships Under Section 117(a)

• Qualified Tuition Reduction Provided by Educational Institutions Under Section 117(d)

Meals and Lodging While Traveling on Business

• Determining When Employee Away From Home

• Separating Business and Personal Travel

• Limits on Reimbursement and Per Diem Allowances

W-2 Reporting and Withholding

• Accountable Plan Rules

• Amounts Not Excludable From Income Must Generally Be Reported as Wages on W-2

• Supplemental Wages for Purposes of Withholding