IRS Says Cell Phone Law Obsolete

June 16, 2009 (PLANSPOSNOR.com) - In a reversal of course, the Internal Revenue Service says it will suggest that there be no tax consequence for employers or employees for personal use of work-related cell phones.

In a statement, IRS Commissioner Doug Shulman said: “Although some of the proposed changes would add clarity, the current law will inevitably leave widespread confusion among employees and businesses. Therefore, (Treasury) Secretary (Timothy) Geithner and I ask that Congress act to make clear that there will be no tax consequence to employers or employees for personal use of work-related devices such as cell phones provided by employers.”

Earlier this month, the service proposed a new rule to tax a quarter of employees’ use of employer-provided cell phones as a fringe benefit, and asked for comments on its proposal (see IRS Proposes Safe Harbor Rule for Taxing Work Cell Phone Use). 

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While some speculated that the IRS was “cracking down” on employee use of employer-provided cell phones , the tax agency asserted it was actually trying to save employers money by revamping the way employers and workers account to the IRS for the use of an employer-provided cell phone (see The IRS: We want to Save Employers $$ on Cell Phone Taxes).

According to Shulman, “The passage of time, advances in technology, and the nature of communication in the modern workplace have rendered this law obsolete.”

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