PsylockeSmythe
New Member
For our employee's the vehicle use, falls under the Commuting Rule.Because you're giving "use of the car" and not "the car" to the employee. You're effectively saying it costs the company $3 a day to provide that use. So, that's the taxable benefit to the employee.
If you gave them the car. Not just to use, but to keep, transferred ownership. Then, the cost to the company would be the cost to acquire the car. That full cost of the car would be the taxable benefit. At least in years employees got new cars.
In this case, the District gave employees a pass. I've been assuming they bought a pass and then transferred that to the employee. In that model, the cost of the pass would be the taxable benefit. If instead, Disney billed them as it was used, so the cost was directly usage based, then the taxable benefit would also be usage based.
Assuming this is a taxable benefit, which does seem to be the current case.
If the employee derives more value out of the pass than that cost, it's a good deal for them and even if taxed would be tax advantageous.
As for the point on the value of the pass, per the IRS from Publication 15-B:
General Valuation Rule
You must use the general valuation rule to determine the value of most fringe benefits. Under this rule, the value of a fringe benefit is its fair market value.Fair market value (FMV).
The FMV of a fringe benefit is the amount an employee would have to pay a third party in an arm's-length transaction to buy or lease the benefit. Determine this amount on the basis of all the facts and circumstances.
Neither the amount the employee considers to be the value of the fringe benefit nor the cost you incur to provide the benefit determines its FMV.
Psy