MEMORANDUM NO. 2017-03
February 23, 2017
TO THE HEADS OF ALL STATE AGENCIES
Attention: |
Chief Administrative and Fiscal Officers,
Business Managers, and Payroll and Human Resources Officers |
Subject: |
Calculation of the Taxable Benefit of the
Non-Business Use of State-Provided Vehicles, Calendar Year 2017 |
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 to determine how much the dollar value of that benefit would be.
-
- This memorandum supersedes
Memorandum 2016-07
and advises agencies of a change in the rate used in the cents-per-mile method
and advises agencies and employees of a change in the definition of control
employee (yearly compensation).
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 that is not documented as business use. State
agencies will be responsible for implementing the applicable reporting
requirements.
- 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
- The policy of the State of Connecticut generally 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 revised April 2012
as applicable.
IV. VALUATION METHODS
- The following methods are to be used in valuing the taxable benefit:
-
- 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).
-
- B. Fleet Average Value Method - A monthly rate of $172.50 per 30-day
month
plus 5.5 cents per mile for gasoline is assessed; or a per diem rate of $23.00.
- 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 $21,100 value (per IRS Reg. 1.61-21(d)(5)(v)(D)).
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.
-
- NOTE: Once computed, the Annual Lease Value remains in effect until
12/31 of the 4th full calendar year after the rule is first applied.
-
- D. Vehicle Cents-Per-Mile - Personal miles are valued at 53.5 cents
per mile effective January 1, 2017. If the employer does not supply gasoline,
the rate is reduced by 5.5 cents to 48 cents per mile. Cents-per-mile valuation
rule cannot be used for cars with FMV exceeding $15,900 and for trucks and vans
with FMV exceeding $17,800 (per IRS Reg. 1.61-21(e)(1)(iii)(A)). Note: Amount is
revised annually.
-
- 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:
- A. Select the Appropriate Method
Control employees can choose only the lease value or the cents-per-mile
methods for calculation of the taxable benefit.
-
- A control employee is defined as:
- an elected official; or
- an employee whose annual compensation will equal or exceed $151,700 in
2017.
- All other employees must use the commuting value method.
-
- B. Perform the Calculation
- Example 1: Commuting Value Method (used by all non-control employees)
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.
-
- Example 2: Control Employee Using Fleet Average Value or Cents-Per-Mile
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:
$172.50/month for 3 months
|
= |
$517.50 |
20 miles/day at 5.5 cents/mile
|
|
|
multiplied by 60 days |
= |
$ 66.00 |
TOTAL QUARTERLY AMOUNT |
= |
$583.50 |
20 miles/day at 53.5 cents/mile by 60 days
|
|
|
TOTAL QUARTERLY AMOUNT
|
= |
$642.00 |
- In this example the lease value method is the less costly. However, once a
method is selected, the employee must continue with that method despite any
changes in his or her circumstances.
-
- Example 3: Control Employee Using Annual Lease
Value
The control employee has been assigned a vehicle for the first time. The
vehicle was purchased by his agency and has a FMV of $21,400. He commutes 20
miles to work round trip for 60 days in the quarterly reporting period.
-
-
- 1. Determine the FMV of vehicle when made available;
2. Use table in IRS Reg. 1.61-21(d)(2)(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).
$480.90/month for 3 months
|
= |
$1442.70 |
20 miles/day at 5.5 cents/mile by 60 days
|
= |
$ 66.00 |
TOTAL QUARTERLY AMOUNT |
= |
$1508.70 |
- The cents-per-mile valuation rule cannot be used for vehicles with a FMV
exceeding the rate established per IRS Reg. 1.61-21(e)(1)(iii).
- 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:
- 1. Qualified Non-Personal Use Vehicles
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.
-
- 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?.
-
- 2. Overnight Parking ("Garaging") of Vehicle at Approved State-Owned or
Leased Facility
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.
-
- 3. De Minimis Use of Vehicle
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
-
- 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).
-
- 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.
-
- 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.
-
- 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.
- The Department of Administrative Services (DAS) has a program where state
vehicle usage is reported 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, and the rate used in the cents-per-mile
method.
-
- 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, 2016 through October 31, 2017.
IX. QUESTIONS
- Questions may be directed as follows:
Computation and Benefits: |
Administrative Services Division, |
|
Statewide Fiscal Policy Unit,
860-702-3440; |
|
Payroll Procedures: |
Payroll Services Division,
860-702-3447; |
On-line Home to Office Usage:
|
DAS, Fleet Operations, 860-713-5160. |
KEVIN LEMBO
STATE COMPTROLLER
KL:CH
Attachment
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