Internal Revenue Code Section 132(a)

Internal Revenue Code Section 132(a) provides eight types of fringe benefits that are excluded from gross income. These include fringe benefits which qualify as a (1) no-additional-cost service, (2) qualified employee discount, (3) working condition fringe, (4) de minimis fringe, (5) qualified transportation fringe, (6) qualified moving expense reimbursement, (7) qualified retirement planning services, or (8) qualified military base realignment and closure fringe.

A No-Additional-Cost Service is defined in Section 132(b) as any service provided by an employer to an employee if (1) the service is offered for sale to customers in the ordinary course of the employer's business and (2) the employer incurs no substantial additional cost in providing the service to the employee.

A Qualified Employee Discount is defined in Section 132(c) as any employee discount with respect to qualified property or services to the extent the discount does not exceed (a) the gross profit percentage of the price at which the property is being offered by the employer to customers, in the case of property, or (b) 20% of the price offered for services by the employer to customers, in the case of services.

Working Condition Fringe is defined in Section 132(d) as any property or services provided to an employee so that the employee is able to perform her job. Examples include a company car for business travel, a cell phone provided primarily for business purposes, and job-related education.

For job-related education, the education must maintain or improve skills required as part of the job or that meet the express requirements of the employer. The educational requirements must be imposed as a condition of continued employment, status, or pay level, or satisfy new requirements of the position after hire. The educational requirements cannot simply satisfy the minimum educational requirements to qualify for employment.

If an employer pays for an employee's income tax return preparation, the expense does not qualify for a working condition fringe.

De Minimis Fringe is defined in Section 132(e)(1) as any property or service given to an employee by the employer which, after taking into account the frequency provided, has a value is so small as to make accounting for it unreasonable or administratively impracticable. Examples of de minimus fringe includes personal use of an employer-provided cell phone provided primarily for business purposes; occasional personal use of the employer's copier; low-value holiday gifts, other than cash or gift cards; occasional parties or picnics for employees and their guests; occasional tickets for theater or sporting events.

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