12/19/2017
On December 22, 2017, The Tax Cuts and Jobs Act was signed into law. The information in this article predates the tax reform legislation and may not apply to tax returns starting in the 2018 tax year. You may wish to speak to your tax advisor about the latest tax law. This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
A gift of cash, regardless of the amount, is considered additional wages and subject to employment taxes (FICA) and withholding taxes.
Caution: if the gift recipient is a W-2 employee, the employer may not issue them a 1099-MISC for a holiday gift of cash; the amount must be treated as W-2 income. Where an employer gives gift certificates, debit cards or similar items that are convertible to cash, the value is considered additional wages regardless of the amount. However, if the gift is a coupon that is nontransferable and convertible only into a turkey, ham, gift basket, or the like at a particular establishment, the gift coupon would not be treated as a cash equivalent.
Holiday group meals, cocktail parties, picnics or the like for employees are also treated as de minimis fringe benefits.
If you have questions about holiday gifts to employees, please give this office a call.
2291 W March Lane Ste D105, Stockton CA 95207
(209) 451-0428 FAX (209) 451-0593
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