IRS Clarifies Treatment of Employer Provided Cellphones as Excludable Fringe Benefit
The IRS has clarified the treatment of employer-provided cellphones as an excludable fringe benefit (Notice 2011-72, 2011-38 IRB 1). Issues arose regarding employer-provided cellphones because the Small Business Jobs Act of 2010 removed cellphones from the definition of listed property for tax years beginning after 2009. They were therefore no longer subject to heightened substantiation requirements. Notice 2011-72 provides that for tax years after 2009, the IRS will treat the employee’s use of employer-provided cellphones used for reasons related to the employer’s trade or...
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