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Monday, November 9th, 2009

TAXES ON TRIVIAL ITEMS? 3: De Minimis Fringe Benefits

July 25, 2008 by ren  
Filed under Finance

In general, a de minimis benefit is one for which, considering its value and the frequency with which it is provided, is so small as to make accounting for it unreasonable or impractical.

Income TaxIn determining whether a benefit is de minimis, you should always consider its frequency and its value. An essential element of a de minimis benefit is that it is occasional or unusual in frequency. It also must not be a form of disguised compensation.

Whether an item or service is de minimis depends on all the facts and circumstances. In addition, if a benefit is too large to be considered de minimis, the entire value of the benefit is taxable to the employee, not just the excess over a designated de minimis amount. The IRS has ruled previously in a particular case that items with a value exceeding $100 could not be considered de minimis, even under unusual circumstances.

Shouldn’t the concept of de minimis be applied on all transactions of trivial amounts?

info from http://www.irs.gov/govt/fslg/article/0,,id=184791,00.html
image from Microsoft Clipart

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