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Tax Treatment When Employees Surrender Paid Time Off to Benefit Others

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Submitted By miraeric
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In the wake of hurricane Sandy many people were forced to take time off work in order to get their personal lives back in order and in many cases the time that was taken off exceeded their paid time off. This prompted many employers to create PTO-donation and leave sharing programs in which employees could donate the pay from their PTO to people in need. The question then came up as to how this donated compensation should be taxed. The IRS ruled that in most cases the employee who is donating the PTO must include the amount donated as compensation income. Because the donation is compensation income it is still subject to FICA and state/federal income taxes. There are a few ways these taxes may be paid; by the employee resulting in less cash for them, my the employer costing them money, or by taking it out of the donated amount resulting in a lesser donation. Because the PTO is being donated to a charitable organization on the employees behalf the employee is able to take the amount donated as a charitable contribution deduction on their tax return. Employees who do not participate in the donation program are unaffected by their choice not to participate. This is because of the doctrine of constructive receipt does not apply to them. Basically because the payments are not being directed to the charitable organization the employee is receiving the funds of their PTO themselves and will have to pay their own taxes on their own if they choose to use the money. Employees who do not participate will obviously not be able to deduct their PTO as a charitable contribution. The question is raised that since the funds are being set aside for the employee should they have to pay taxes on it regardless of whether or not they use the funds due to the doctrine of constructive receipt. The IRS ruled that the employees who do not participate in the charitable donations are not

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