Navigating the Numbers

Introduction: Understanding and effectively managing accountable plans is pivotal for S-Corporations, both for tax efficiency and compliance with tax laws. This guide delves into the intricacies of accountable plans, drawing from the IRS’s comprehensive overview, to aid S-Corporations in navigating these regulations.

Understanding Accountable Plans: An accountable plan is a reimbursement arrangement that meets certain IRS criteria, allowing businesses to reimburse employees, including owners, tax-free. These plans, while not required to be in writing, must be established policies within the organization. They are particularly significant for S-Corporations as they ensure the tax-efficient handling of employee business expenses.

3 Key Requirements of Accountable Plans:

1. Business Connection: Expenses must be incurred in the service of the employer. Examples include:
   • Travel Including Per Diem: Reimbursements for travel expenses like airfare, lodging, and a per diem allowance for meals during business trips. Meals are still subject to deductibility limits.
   • Home Office Including Depreciation: Expenses related to the use of a home office for business purposes, such as a portion of rent/mortgage, utilities, and depreciation.
   • Mileage or Fuel Including Per Diem: Reimbursements for business-related vehicle use, either through a standard mileage rate or actual expenses like fuel, maintenance, and per diem for long trips.
2. Substantiation: Employees must substantiate expenses with documentation, including details like date, time, place, and business purpose in a reasonable period of time.
   • The substantiation must show the type of expenses incurred. For example, one credit card charge for a hotel stay would need to be substantiated with other receipts showing a breakdown of the type of expense. Meals, hotel, entertainment etc.
   • There are two safe harbors: the fixed date method and periodic statement method. The fixed date method safe harbor says that substantiation must be provided within 60 of when an expense is paid or incurred. We generally recommend setting a 30-day requirement to exceed the safe harbor but also make sure receipts are timely.
3. Return of Excess: Any excess reimbursement or advance over substantiated expenses must be returned within a reasonable period.

Written Policy: As noted, while a written policy is not required, we strongly recommend creating one. Here are some examples of what your written policy should clarify.

1. Eligible Expenses: Clearly define what types of expenses are covered, such as travel, home office, or vehicle expenses.
2. Substantiation Requirements: Specify the documentation needed to substantiate these expenses, like receipts, logs, or detailed reports.
3. Reimbursement Procedures: Outline the process and timeline for submitting and processing expense reimbursements, including deadlines and forms.
4. Advances and Allowances: Describe how advances or allowances are handled and the expectations for accounting for these funds.
5. Return of Excess Amounts: Establish a policy for returning excess reimbursements, including timeframes and methods for repayment.

While this list is not complete these elements help add clarity, compliance, and ease of administration for both the employer and the employees. S-Corporations should adjust and build on these elements to create a plan that works for them, their employees and meets the IRS requirements.

Nonaccountable Plans: If any of the three accountable plan requirements aren’t met, the arrangement defaults to a nonaccountable plan. Payments under such plans are taxable wages, requiring appropriate tax withholdings. S-Corporations must be diligent in distinguishing and managing these different plans.

Employer Flexibility and IRS Guidelines: Employers can tailor their accountable and nonaccountable plans to specific needs, as long as they meet IRS standards. For instance, these plans do not have to treat all employees the same, you can have different agreements with employees and owners. The key is ensuring that the plans are not less restrictive than IRS regulations.

Conclusion: Accountable plans for S-Corporations are more than just tax tools; they are integral to strategic financial management. Ensuring that these plans align with IRS guidelines is crucial for tax efficiency and legal compliance. For tailored assistance and in-depth exploration of accountable plans contact Stegner CPA.

Disclaimer: The tax information provided here is for informational purposes only and should not be construed as or relied upon for tax or legal advice. This information is based on the laws and regulations in effect at the time of issuance, and we do not undertake any obligation to update this information after the date of its release. Please speak with your tax professional or attorney for guidance specific to your circumstances.