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Subject:   Re: Re: Re: Are "Green Card" Fees Paid by Employer Taxable as Income to Employee
Name:   triad
Date Posted:   Jun 12, 08 - 11:06 AM
Message:   The IRS code tends categorize things broadly and doesn't get down to that level of detail.

The code says that personal expenses are not deductible.

The code says that if the expense cannot be deducted by the company as an ordinary and necessary business expense, then it's income to you. Income does not have to be in the form of cash.

From IRS publication 15-b:
Any fringe benefit you provide is taxable and must be included in the recipient's pay unless the law specifically excludes it. Section 2 discusses the exclusions that apply to certain fringe benefits. Any benefit not excluded under the rules discussed in section 2 is taxable.

Including taxable benefits in pay. You must include in a recipient's pay the amount by which the value of a fringe benefit is more than the sum of the following amounts.

Any amount the law excludes from pay.

Any amount the recipient paid for the benefit.
   


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