Picture an HVAC technician standing in a Florida hardware store, personal credit card in hand, about to purchase a part needed to complete an air conditioning repair. It’s a routine moment that plays out thousands of times daily across the country: an employee spending personal funds on a legitimate business expense. But what happens next determines whether that simple transaction remains a straightforward reimbursement or transforms into unexpected taxable income.
This scenario is part of the final installment of the Tax in Action podcast’s three-part series on fringe benefits In this episode, host Jeremy Wells, EA, CPA, completes his comprehensive discussion of IRC Section 132 benefits by looking at the remaining four fringe benefit categories and tackling the often-misunderstood topic of accountable plans.
The timing couldn’t be better. The Tax Cuts and Jobs Act of 2017 initially suspended many traditional benefits through 2025. Now, the One Big Beautiful Bill Act has made those restrictions permanent. And ir’s crucial for tax practitioners to understand these changes.
The Legislative Wrecking Ball: What’s Gone and What Remains
Before advising clients on fringe benefits, practitioners need a clear picture of what recent legislation has taken off the table permanently.
No Qualified Transportation Benefits Deductions for Employers
The qualified transportation fringe once covered four benefit categories:
- Transportation in a commuter highway vehicle
- Transit passes
- Qualified parking
- Qualified bicycle commuting reimbursement
For employers in major cities, these benefits were a meaningful way to help employees manage commuting costs.
That’s all changed now.
The Tax Cuts and Jobs Act disallowed the employer deduction for these benefits from 2018 through 2025, with one narrow exception: employers could still deduct transportation costs provided to ensure employee safety. As Jeremy explains, this means “vehicles that need additional security, such as bulletproof glass or a driver, a chauffeur that is trained in defensive driving techniques”—not typical small business scenarios.
The One Big Beautiful Bill Act made this disallowance permanent under IRC Section 274(a)(4).
But there’s a crucial nuance: the employee exclusion still exists for most of these benefits. Employees can still receive transit passes or qualified parking tax-free, within the limits in Treasury Regulation Section 1.132-9. The employer just can’t deduct the cost anymore. This creates an awkward situation where “there’s really not a strong incentive for the business to provide that fringe benefit,” Jeremy notes.
Bicycle commuting reimbursement fared worse. The Tax Cuts and Jobs Act eliminated both the employer deduction and the employee exclusion entirely. “Beginning with tax year 2018, the qualified bicycle commuting reimbursement is no longer a thing,” Jeremy confirms.
Moving Expense Reimbursements Apply Only to Military and Intelligence
Under IRC Section 217, employers used to be able to exclude from employee income the reimbursement of moving household goods and travel expenses between residences (including lodging but not meals). It was a practical benefit for companies relocating talent.
The Tax Cuts and Jobs Act suspended the exclusion and the individual’s ability to deduct moving expenses. The One Big Beautiful Bill Act made that suspension permanent, with two specific exceptions.
Members of the U.S. Armed Forces on active duty who move pursuant to a military order still qualify. Also, the One Big Beautiful Bill Act added employees or new appointees of the intelligence community, as defined in Section 3 of the National Security Act of 1947.
For everyone else, this is a benefit “we just really won’t see that much anymore,” Jeremy says.
What Benefits Survived?
Not all benefits fell victim to legislative changes. Two Section 132 benefits emerged unscathed.
Qualified Retirement Planning Services (Section 132(m)) allows employers maintaining qualified employer plans to provide tax-free retirement planning advice to employees and their spouses. Jeremy describes this as situations where “you might meet with a financial advisor” when becoming eligible for employer-sponsored retirement plans.
The benefit requires nondiscrimination. Highly compensated employees can participate only if services are available “on substantially the same terms to each member of the group of employees.”
Qualified Military Base Realignment and Closure Fringe (Section 132(n)) compensates military personnel and certain federal civilian employees for housing value declines caused by base closures. Jeremy explains how military bases drive local economies, and when they close, “selling a house could be pretty difficult.”
The Defense Department’s Homeowners Assistance Program provides three payment scenarios:
- Private sale: difference between 95% of prior fair market value and actual selling price
- Government acquisition: greater of 90% of prior value or mortgage payoff
- Foreclosure: payment directly to lienholder
The program is run by the U.S. Army Corps of Engineers and is currently limited to wounded, injured, or ill soldiers and their surviving spouses.
Achievement Awards and the Gym Membership Myth
Beyond Section 132, two benefit categories generate frequent questions (and misconceptions).
Specific Rules for Achievement Awards
Employee achievement awards survived legislative changes intact. Employers can provide tax-free awards for length of service and safety achievements, but the rules are rigid.
Safety achievement awards cannot go to “a manager, administrator, clerical employee, or other professional employee.” Jeremy clarifies the recipient must be “someone that is actually in a line of work within that company where safety could be an issue.” For example, awards can go to workers on factory floors or construction sites, but not office workers.
No more than 10% of eligible employees can receive safety awards annually.
Length of service awards require at least five years of employment. Jeremy notes these are “usually ten, 15, 20 years” in practice.
For both categories, the awards must meet the following requirements:
- It must be tangible personal property (such as the “stereotypical gold wristwatch”)
- It cannot be cash, cash equivalents, vacations, meals, lodging, event tickets, or securities
- The award must involve a “meaningful presentation,” such as a sort of ceremony or all-hands meeting
- The award cannot create conditions suggesting disguised compensation
There are also dollar limits to keep in mind. The award value is limited to $1,600 per employee per year for qualified plan awards, and $400 for non-qualified awards. A qualified plan must be written and not discriminate toward highly compensated employees.
Athletic Facilities: The Question That Won’t Die
Jeremy addresses a common question from self-employed clients: “How do I let my business write off my gym membership?”
But gym memberships are inherently personal expenses, and therefore not deductible.
The athletic facilities benefit under IRC Section 132(j-4) requires the facility be “owned or leased and operated by the employer” for the “substantially exclusive use” of employees, spouses, and dependent children.
The following absolutely do not qualify:
- Gym memberships
- Country club memberships
- Personal trainers
- Any fitness program open to the public
Jeremy sympathizes with self-employed clients who want to look good for their clientele, but wanting doesn’t make it deductible. The only path requires the business to literally own or operate the gym itself.
The Three-Requirement Test for Accountable Plans
When employees spend their own money on business expenses, accountable plans determine whether reimbursements are tax-free or taxable wages.
The Employee’s Dilemma
IRC Section 62(a)(1) creates a problem. Employees cannot deduct business expenses from their gross income. The Tax Cuts and Jobs Act suspended the old miscellaneous itemized deduction (subject to 2% of AGI), and the One Big Beautiful Bill Act made the exclusions permanent.
Returning to Jeremy’s HVAC technician example, “They get to a site, they are ready to make the repair, but they’re missing a part.” The technician buys it with personal funds. Without proper reimbursement, “this was not a personal expense. This was a business expense. The employee should expect to be reimbursed.”
Three Requirements, Zero Flexibility
Treasury Regulation 1.62-2 establishes three criteria for accountable plans. Miss any one, and “allowances, advancements and reimbursements paid under a non-accountable plan have to be included in the employee’s gross income.”
Requirement 1: Business Connection
The expense must be “ordinary and necessary for the employer” and incurred “in connection with the performance of services as an employee.”
Jeremy warns against payments made “regardless of whether the employee actually incurs or is reasonably expected to incur bona fide employee business expenses.” Those payments automatically fail the test.
Requirement 2: Substantiation
For general expenses, employees must provide documentation “sufficient to enable the payer to identify the specific nature of each expense.” Vague terms like “miscellaneous business expenses” don’t qualify.
For Section 274(d) expenses (travel, meals, vehicle use), strict rules require:
- Dates and durations
- Locations and distances
- Business purpose
- Identity of individuals involved
Jeremy emphasizes “receipts or contemporaneous logbooks” as the standard.
Requirement 3: Return of Excess
When providing advances, employers must get back any unsubstantiated amounts. Jeremy gives a simple example: “You give an employee $100 to drive across the county” but receipts total $40. “The employee needs to return the additional $60.”
A safe harbor exists if the company provides quarterly statements showing advances versus substantiated amounts and gives employees 120 days to substantiate or return the excess.
The Cascade Effect of Failure
Revenue Ruling 2006-56 contains a harsh rule. If an arrangement “routinely pays allowances in excess of the amount substantiated without requiring actual substantiation” or repayment, “all the payments, not just the excess, but all payments” become taxable wages.
The Recharacterization Trap
“An arrangement that characterizes taxable wages as nontaxable reimbursements or allowances doesn’t satisfy the business connection requirement,” Jeremy points out, emphasizing a critical limitation.
This comes up frequently with S-corporation shareholder-employees who engage advisors mid-year. “We can’t go back in the past and look at that and try to recharacterize some of those wages. That is not allowed,” Jeremy explains.
Who’s Excluded
Independent contractors fall outside accountable plan rules entirely. Jeremy clarifies that reimbursements “need to be included in the gross income that’s reported as payments to that independent contractor” on Form 1099-NEC. The contractor then deducts the expense themselves.
Partners in partnerships create a gray area. “I don’t really see a case for using accountable plans for partners in partnerships,” Jeremy says. Instead, handle reimbursements through the partnership agreement, with unreimbursed expenses deducted on page two of Schedule E.
Protecting Clients from Costly Mistakes
The fringe benefit rules have permanently changed, and the remaining benefits require careful implementation. As Jeremy concludes, employers must understand the rules “whenever they provide any sort of benefit or compensation to employees that they want to be deductible and/or excludable.”
Accountable plans are a critical mechanism for separating tax-free reimbursements from unexpected wage income, but the three requirements don’t allow for partial compliance.
Practitioners must know what’s permitted and work to correct persistent misconceptions. Gym memberships don’t become deductible because clients want them to be, and companies can retroactively reclassify wages.
The stakes justify the diligence. Every employer who mishandles these benefits creates lost deductions for the business and unexpected taxable income for employees. And nobody wants that.
This concludes Jeremy’ three-part series on fringe benefits and accountable plans. Listen to the full episode for complete details, and check out part one and part two covering qualified employee discounts, no-additional-cost services, working condition fringes, and de minimis benefits.
