Page 28 - Employers Tax Guide to Fringe Benefits

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The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
For special rules that apply to fuel you provide for miles A control employee for a government employer for
driven outside the United States, Canada, and Mexico, 2020 is either of the following.
see Regulations section 1.61-21(e)(3)(ii)(B). • A government employee whose compensation is
The value of any other service you provide for a vehicle equal to or exceeds Federal Government Executive
isn't included in the cents-per-mile rate. Use the general Level V. See the Office of Personnel Management
valuation rule to value these services. website at opm.gov/policy-data-oversight/pay-leave/

Commuting Rule salaries-wages for 2020 compensation information.
• An elected official.
Under this rule, you determine the value of a vehicle you Highly compensated employee alternative. In-
provide to an employee for commuting use by multiplying stead of using the preceding definition, you can choose to
each one-way commute (that is, from home to work or define a control employee as any highly compensated
from work to home) by $1.50. If more than one employee employee. A highly compensated employee for 2020 is an
commutes in the vehicle, this value applies to each em- employee who meets either of the following tests.
ployee. This amount must be included in the employee's
wages or reimbursed by the employee. 1. The employee was a 5% owner at any time during the
year or the preceding year.
You can use the commuting rule if all the following re-
quirements are met. 2. The employee received more than $125,000 in pay
• You provide the vehicle to an employee for use in your for the preceding year.
trade or business and, for bona fide noncompensatory You can choose to ignore test (2) if the employee wasn't
business reasons, you require the employee to com- also in the top 20% of employees when ranked by pay for
mute in the vehicle. You will be treated as if you had the preceding year.
met this requirement if the vehicle is generally used
each workday to carry at least three employees to and Lease Value Rule
from work in an employer-sponsored commuting pool.
• You establish a written policy under which you don't Under this rule, you determine the value of an automobile
allow the employee, nor any individual whose use you provide to an employee by using its annual lease
would be taxable to the employee, to use the vehicle value. For an automobile provided only part of the year,
for personal purposes other than for commuting or de use either its prorated annual lease value or its daily lease
minimis personal use (such as a stop for a personal value (discussed later).
errand on the way between a business delivery and If the automobile is used by the employee in your busi-
the employee's home). Personal use of a vehicle is all ness, you generally reduce the lease value by the amount
use that isn't for your trade or business. that is excluded from the employee's wages as a working
• The employee doesn't use the vehicle for personal condition benefit (discussed earlier in section 2). In order
purposes other than commuting and de minimis per- to do this, the employee must account to the employer for
sonal use. the business use. This is done by substantiating the us-
• If this vehicle is an automobile (any four-wheeled vehi- age (mileage, for example), the time and place of the
cle, such as a car, pickup truck, or van), the employee travel, and the business purpose of the travel. Written re-
who uses it for commuting isn't a control employee. cords made at the time of each business use are the best
See Control employee, later. evidence. Any use of a company-provided vehicle that
isn't substantiated as business use is included in income.
Vehicle. For this rule, a vehicle is any motorized The working condition benefit is the amount that would be
wheeled vehicle (including an automobile) manufactured an allowable business expense deduction for the em-
primarily for use on public streets, roads, and highways. ployee if the employee paid for the use of the vehicle.
Control employee. A control employee of a nongovern- Automobile. For this rule, an automobile is any
ment employer for 2020 is generally any of the following four-wheeled vehicle (such as a car, pickup truck, or van)
employees. manufactured primarily for use on public streets, roads,
• A board or shareholder-appointed, confirmed, or elec- and highways.
ted officer whose pay is $115,000 or more. Consistency requirements. If you use the lease value
• A director. rule, the following requirements apply.
• An employee whose pay is $230,000 or more. 1. You must begin using this rule on the first day you
• An employee who owns a 1% or more equity, capital, make the automobile available to any employee for
personal use. However, the following exceptions ap-
or profits interest in your business. ply.
a. If you use the commuting rule (discussed earlier in
this section) when you first make the automobile
available to any employee for personal use, you

Page 26 Publication 15-B (2020)