Mon Aug 11, 2008 11:39AM EDT
See Comments (17)
Bet you didn't even know: If you use a cell phone for work (one provided by your company), you're supposed to keep a detailed log of every call you make on that phone, recording whether each call is for work or for personal use. If you don't, and even if 100 percent of the calls are for work purposes, your employer, by law, can't consider your phone a business expense. Instead, it has to consider the phone a perk provided by the company, which means its value has to be treated as taxable income to you.
If this sounds crazy it's because virtually no one follows the letter of the law on this issue. (If anyone out there has a work-provided cell phone and has the value of its service tacked on to their W-2 at the end of the year, let me know.) But it is the law, and it's basically remained unchanged since cell phone service began as an outrageous luxury for the rich in 1989.
While most employers have simply been ignoring the law—the same way that no one itemizes and pays taxes on out-of-state purchases—the IRS has of late been cracking down on the issue. According to the L.A. Times, UCLA got slapped with a $239,000 bill for back taxes because employees hadn't been keeping the aforementioned logs. UC San Diego received a similar, $186,000 bill. The University of California system provides some 13,000 workers with University-issued cell phones, so its potential liability is huge. Nationally, 5.5 million people have phones provided by their employers, which must have IRS agents' eyes lighting up with giant dollar signs like Scrooge McDuck.
The good news? Our Congressmen are trying to ride to the rescue to change the law that requires the absurd recordkeeping. Both the House and Senate have pending legislation to take cell phones off the list of taxable fringe benefits, and even the IRS' Advisory Committee now considers the rules to be overly "burdensome for any employer" and recommended relaxing the requirements.
See more details from the Times at the link below, including this gem of a quote from Texas Representative Sam Johnson: "In 1989 when cellphones were huge and when it cost a lot of money to make a phone call. Nowadays they're a dime a dozen and the cost is way down. If you don't log all your telephone calls, you're going to have some IRS weenie after you. That's why we're trying to get the law changed—because it just doesn't make any sense anymore."
Join in the discussion. Here you'll see the comments in the order they were posted.
It seems to me that I read somewhere that the IRS, is going to tax the water that you drink at work or even per flush. Ata way IRS go getum. Idiots behind the wheel.
Uhhhh why is the log an issue? You get one with your bill. Or you can print it online.
it's an issue because someone now has to go through each bill as itemize each call made . . . and justify why it is a business call . . .
A congressman is concerned that a law is stupid? I thought I would never hear that.
bhador
And if I had a nickel for every time my employer called me on my own personal cell phone...........
Lets figure this out, they tax your employer for making money to pay for the phone, they tax your wages you make using the phone, they tax your phone bill, they tax you for use of the phone, and now they want you to pay another tax for the "gift" your company gave you to make more taxable money, hmmmm, time to dust off the ol' indian suits and make some tea in Boston harbor.
I work for a local goverment agency as the Telecom Manger and this happens to be one of my duties. Every month we have to make sure that everyone with one of the 408 cell phones turns in their phone bills marked with if the calls were personal or business related plus they have reimburse the Agency for the personal calls. Granted this is so that they aren't making personal calls on the taxpayers dollars but it isn't that hard in all honesty. Takes each person maybe five minutes out of their day.
government* I hate typos.
1 Posted by magpagbst on Thu Sep 3, 2009 7:03PM EDT Report Abuse
in this age of unlimited data and minute plans . . . this tax law IS pretty silly . . . but it is simply another example of of the IRS exerting its unchecked power to dip into our wallets to to fund a fiscally dysfunctional government . . . which is why i vote no on every new tax increase initiative . . . no matter the cause . . .