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IRS Asks Congress To Drop Cellphone Tax,
by Mike Godfrey, Tax-News.com, Washington
Friday, June 19, 2009
The US Treasury is asking Congress to repeal tax legislation concerning the use of employer-provided cell phones because the law is becoming increasingly burdensome for individuals to comply with and for the Internal Revenue Service (IRS) to administer.
The current law, which has been in place for about 20 years, treats cell phones
and other mobile communication devices provided by employers to their employees
as a fringe benefit and taxes non-work related use accordingly. However, the
law has become increasingly outdated commensurate with advances in mobile communications,
and with cell phones now seen as a necessity rather than a luxury, it is becoming
all the harder to distinguish between personal and work-related use of such
devices.
“The current law, which has been on the books for many years, is burdensome,
poorly understood by taxpayers, and difficult for the IRS to administer consistently,”
observed IRS Commissioner Doug Shulman in a statement. “Therefore, [US
Treasury] Secretary 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. The passage
of time, advances in technology, and the nature of communication in the modern
workplace have rendered this law obsolete.”
Shulman’s statement, however, represents something of a u-turn after
the agency suggested that the law could be modernized, and earlier this month,
the IRS began a consultation on ways to simplify the law. However, it seems
that the agency has bowed to widespread public opinion and recognized that it
is impossible to enforce this law without causing a compliance nightmare.
“Some have incorrectly implied that the IRS is ‘cracking down’
on employee use of employer-provided cell phones,” added Shulman. “To
the contrary, the IRS is attempting to simplify the rules and eliminate uncertainty
for businesses and individuals. Although some of the proposed changes would add clarity, the current
law will inevitably leave widespread confusion among employees and businesses,”
he added.
Legislation introduced in the Senate by John Kerry to repeal the tax is widely
supported. A similar bill is also pending a vote in the House of Representatives.
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