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STATE OF CONNECTICUT |
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NANCY WYMAN
COMPTROLLER |
OFFICE OF
THE STATE COMPTROLLER
55 ELM STREET
HARTFORD, CONNECTICUT 06106-1775 |
MARK OJAKIAN
DEPUTY COMPTROLLER |
MEMORANDUM NO. 2007-02
January 11, 2007
TO THE HEADS OF ALL STATE AGENCIES
Attention: |
Chief Administrative and Fiscal Officers, Business Managers, and
Payroll and Personnel Officers |
Subject: |
Changes to Certain Calculations of the Taxable Benefit of the
Non-Business Use of State-Provided Vehicles, Calendar Year 2007 |
I. PURPOSE
- When a state employee commutes in or uses a state vehicle for personal
business, certain tax consequences result. The Internal Revenue Service views
the personal use as a taxable benefit to the employee and has established
guidelines on how to determine how much the dollar value of that benefit would
be.
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- This memorandum supersedes
Memorandum 2006-03 and advises agencies of certain
limitations on the use of the fleet average value and annual lease value methods
and includes an increase in the cents-per-mile valuation.
II. AUTHORITY
- Effective January 1, 1986, Federal Public Law 99-44 mandates that an
employee's personal use of an employer-owned or leased vehicle must be reported
to the Internal Revenue Service (IRS) as taxable income. "Personal use" is
defined as any non-business use, including commuting from an employee's home to
his or her worksite. The term
"vehicle" means "any motorized wheeled vehicle manufactured primarily for use on
public streets, roads and highways" and generally includes automobiles. Except
for certain exceptions as set forth later in this memorandum, all State of
Connecticut employees will be subject to taxation on any state vehicle use which
is not documented as business use. State agencies will be responsible for
implementing the applicable reporting requirements.
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- The following IRS requirements and other guidelines are set forth to assist
agencies in determining those employees whose use of state vehicles is deemed
taxable and in reporting the dollar value, by employee, of such benefits.
III. STATE'S VEHICLE USE POLICY
- As stated by the three branches of government, the policy of the State of
Connecticut basically prohibits personal use of state-owned/leased vehicles
except for home-to-worksite travel as required by the employer. Under the State
of Connecticut's written policy, no employee may use the vehicle for personal
purposes other than de minimis use (e.g., a stop for lunch between two business
appointments or deliveries). Refer to the Department of Administrative Services
General Letter No. 115 dated November 1997.
IV. VALUATION METHODS
- The following methods are to be used in valuing the taxable benefit:
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- A. Commuting Value Method - for use by a non-control employee only (defined
in Section V).
Personal commutation to work is valued at a daily commuting rate of $1.50 for
each one-way trip (or $3.00 round trip).
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- B. Fleet Average Value Method - A monthly rate of $131.40 per 30-day month
plus 5.5 cents per mile for gasoline is assessed; or a per diem rate of $17.53.
- NOTE: If the vehicle is used more than seven days in a month, it is
advantageous to use the monthly rate rather than the per diem rate.
- C. Annual Lease Value Method - This method must be used for any vehicle that
exceeds the $20,100 value (per IRS Reg. 1.61-21(d)(5)(v)). Agencies will be
contacted if a fleet vehicle exceeds the stated value. All other agencies who
purchase vehicles must use this method in accordance with the IRS Publication
15-B. The vehicles' fair market value (FMV) will determine the monthly rate,
plus 5.5 cents per mile for gasoline. Once computed, the Annual Lease Value
remains in effect until 12/31 of the 4th full calendar year after the rule is
first applied.
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- D. Vehicle Cents-Per-Mile - Personal miles are valued at 48.5 cents per mile
effective January 1, 2007. If the employer does not supply gasoline, the rate is
reduced by 5.5 cents to 43 cents per mile. Cents-per-mile valuation rule cannot
be used for vehicles with FMV exceeding $15,000 (per IRS Reg
1.61-21(e)(1)(iii)(B)). Note: Amount is revised annually.
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- NOTE: Special rules may apply when using each of these methods. Once one of
the valuation methods is elected, the employee must use it for all subsequent
years unless the qualification rules are not met.
V. CALCULATION OF THE TAXABLE BENEFIT
- To calculate the value of his or her commuting or personal miles an employee
would:
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- A. Select the Appropriate Method
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- Control employees can choose only the lease value or the cents-per-mile
methods for calculation of the taxable benefit.
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- A control employee is defined as:
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- a. an elected official; or
b. an employee whose annual compensation will equal or exceed $136,200 in 2007.
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- All other employees must use the commuting value method.
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- B. Perform the Calculation
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- Example 1: Commuting Value Method (used by all non-control employees)
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- The employee commuted round trips to work for 60 days during the reporting
quarter. The rate of $3.00/day is multiplied by 60 days = $180.00.
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- Example 2: Control Employee Using Fleet Lease Value or Cents-Per-Mile
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- The employee has been assigned a state vehicle for the first time. She
commutes 20 miles to work round trip for 60 days in the quarterly reporting
period. She may choose one method of valuing the use of the vehicle. A
comparison of the methods follows:
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- Lease Value
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$131.40/month for 3 months |
= |
$394.20 |
20 miles/day at 5.5 cents/mile
multiplied by 60 days |
= |
$ 66.00 |
TOTAL QUARTERLY AMOUNT |
= |
$460.20 |
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- Cents-Per-Mile
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20 miles/day at 48.5 cents/mile by 60 days
| | |
TOTAL QUARTERLY AMOUNT |
= |
$582.00 |
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- In this example the lease value method is the least costly. However, once a
method is selected, the employee must continue with that method despite any
changes in his or her circumstances.
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- Example 3: Control Employee Using Annual Lease Value
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- The control employee has been assigned a vehicle for the first time. The
vehicle was purchased by his agency and has a Fair Market Value (FMV) of
$20,100. He commutes 20 miles to work round trip for 60 days in the quarterly
reporting period.
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- 1. Determine the FMV of vehicle when made available;
2. Use table in IRS Reg. 1.61-21(d)(iii) or Pub. 15-B to compute Annual Lease
Value www.irs.gov/pub/irs-pdf/p15b.pdf
3. Value the fuel (if provided) at 5.5 cents per mile;
4. Determine the monthly rate (ALV/365 (days per yr) x 30 (days per month).
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- Lease Value
$460.27/month for 3 months |
= |
$1380.81 |
20 miles/day at 5.5 cents/mile by 60 days |
= |
$ 66.00 |
TOTAL QUARTERLY AMOUNT |
= |
$1446.81 |
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- The cents-per-mile valuation rule cannot be used for vehicles with a FMV
exceeding the rate established per IRS Reg. 1.61-21(d)(5)(v).
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- Note: When performing the calculation for any method for any vehicle that is
not part of the DAS on-line reporting program, net out any amount that has been
paid to the state as reimbursement for personal use. (If the amount paid the
state exceeds the taxable benefit for the tax year, the benefit equals zero.
Credit amounts cannot be carried forward.)
VI. EXCEPTIONS (Applicable to Eligible Control and Non-Control Employees)
- The following categories of vehicle use are not presently subject to
taxation:
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- 1. Qualified Non-Personal Use Vehicles
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- The term "qualified non-personal use vehicle" is applied to any vehicle that,
because of its nature, is not likely to be used more than a very limited (i.e.,
de
minimis) amount for personal purposes.
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- Refer to Attachment "A" for a listing of "qualified non-personal use
vehicles" that fall within this exception with explanatory information
concerning the exception requirements for vans and trucks and the narrowly-defined requirements for
"law enforcement officer".
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- 2. Overnight Parking ("Garaging") of Vehicle at Approved State-Owned or
Leased Facility
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- Taxation will not apply if an employee uses an approved state-owned or leased
facility for the overnight "garaging" of an assigned state vehicle even though
such facility was some distance from the employee's worksite and possibly close
to his or her home. However, this exception is qualified by three stipulations:
(a) a vehicle usage and parking location must make "good business sense" to the
employer; (b) overnight parking location must be approved by the employer; and
(c) if the driver transports one or more passengers from their home(s) to the
worksite, such passengers are subject to taxation on the derived benefits.
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- 3. De Minimis Use of Vehicle
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- According to Section 1.132-6 of the IRS Regulations, the term "de minimis
fringe" means any property or service, the value of which is (after taking into
account the frequency with which similar fringes are provided by the employer to
the employer's employees) so small as to make accounting for it unreasonable or
administratively impracticable.
- The regulations give as an example of fringe benefit that is not excludable
from gross income: the commuting use of an employer-provided automobile more
than one day a month. The regulations also say that "the fact that the commuting
use of an employer-provided vehicle more than one day a month is an example of a
benefit not excludable as a de minimis fringe does not mean that the commuting
use of a vehicle up to 12 times per year is excludable from gross income as de
minimis fringe".
VII. REPORTING REQUIREMENTS
- Vehicle Usage Fringe Benefit Computation Records
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- 1. The Vehicle Usage Fringe Benefit Computation Records are:
- Computation Record for Lease Value Method (Form CO-961);
Computation Record for Cents-Per-Mile Method (Form CO-960); and
Computation Record for Special Commuting Rate (Form CO-959).
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- 2. From the information on the Monthly Usage Report (Form CCP-40), the agency
will then post data as needed to the Employee's Computation Record.
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- 3. Follow instructions on the Computation Record to calculate the monthly
value of the fringe benefit.
- 4. Submit the required paperwork to his or her business office for inclusion
in a payroll transaction.
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- 5. Retain the Computation Record and the documenting CCP-40 for the later of (a) three years or (b) until examination by the Auditors of Public Accounts.
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- The Department of Administrative Services (DAS) has implemented a program
with select officials where they report their state vehicle usage on-line.
Questions regarding this procedure should be directed to DAS, Fleet Operations.
VIII. AGENCY RESPONSIBILITY
- Agencies are to notify concerned employees of the preceding requirements and
the definition of control employee, lease value rate and cents-per-mile
valuation rate.
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- Agencies must continue to maintain the records necessary to properly
determine and report on the dollar value of the vehicle use benefit for the
period November 1, 2006 through October 31, 2007.
IX. QUESTIONS
- Questions may be directed as follows:
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- Computation and Benefits: Fiscal Policy Division, (860) 702-3440;
- Payroll Procedures: Payroll Services Division, (860) 702-3463;
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- On-line Home to Office Usage: DAS, Financial Services Center, (860) 713-5003.
NANCY WYMAN
STATE COMPTROLLER
NW:CH
Attachment
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