What’s New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Agency decision
Ask Donna
What actually matters in this document.
Text
Contents
What’s New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Publication 15-B
Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Employer’s Tax
Guide to
Fringe
Benefits
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
For use in
2026
1. Fringe Benefit Overview . . . . . . . . . . . . . . . . . . . 3
2. Fringe Benefit Exclusion Rules . . . . . . . . . . . . . . 5
Accident and Health Benefits . . . . . . . . . . . . . . . . 7
Achievement Awards . . . . . . . . . . . . . . . . . . . . . 8
Adoption Assistance . . . . . . . . . . . . . . . . . . . . . . 9
Athletic Facilities . . . . . . . . . . . . . . . . . . . . . . . . . 9
De Minimis (Minimal) Benefits . . . . . . . . . . . . . . 10
Dependent Care Assistance . . . . . . . . . . . . . . . 10
Educational Assistance . . . . . . . . . . . . . . . . . . . 11
Employee Discounts . . . . . . . . . . . . . . . . . . . . . 12
Employee Stock Options . . . . . . . . . . . . . . . . . . 13
Employer-Provided Cell Phones . . . . . . . . . . . . . 14
Group-Term Life Insurance Coverage . . . . . . . . . 14
Health Savings Accounts (HSAs) . . . . . . . . . . . . 17
Lodging on Your Business Premises . . . . . . . . . . 18
Meals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
No-Additional-Cost Services . . . . . . . . . . . . . . . 20
Retirement Planning Services . . . . . . . . . . . . . . 21
Transportation (Commuting) Benefits . . . . . . . . . 21
Tuition Reduction . . . . . . . . . . . . . . . . . . . . . . . 23
Working Condition Benefits . . . . . . . . . . . . . . . . 23
3. Fringe Benefit Valuation Rules . . . . . . . . . . . . . 26
General Valuation Rule . . . . . . . . . . . . . . . . . . . 26
Cents-per-Mile Rule . . . . . . . . . . . . . . . . . . . . . 26
Commuting Rule . . . . . . . . . . . . . . . . . . . . . . . . 27
Lease Value Rule . . . . . . . . . . . . . . . . . . . . . . . 28
Unsafe Conditions Commuting Rule . . . . . . . . . . 30
4. Rules for Withholding, Depositing, and
Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
How To Get Tax Help . . . . . . . . . . . . . . . . . . . . . . . 33
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Future Developments
For the latest information about developments related to
Pub. 15-B, such as legislation enacted after it was
published, go to IRS.gov/Pub15B.
Get forms and other information faster and easier at:
• IRS.gov (English)
• IRS.gov/Spanish (Español)
• IRS.gov/Chinese (中文)
Dec 23, 2025
• IRS.gov/Korean (한국어)
• IRS.gov/Russian (Pусский)
• IRS.gov/Vietnamese (Tiếng Việt)
What’s New
Cents-per-mile rule. The business mileage rate for 2026
hasn’t yet published at the time this publication was published. Go to IRS.gov/Pub15B for the updated mileage
rate for 2026. You may use this rate to reimburse an employee for business use of a personal vehicle, and under
Publication 15-B (2026) Catalog Number 29744N
Department of the Treasury Internal Revenue Service www.irs.gov
certain conditions, you may use the rate under the
cents-per-mile rule to value the personal use of a vehicle
you provide to an employee. See Cents-per-Mile Rule in
section 3.
Qualified parking exclusion and commuter transportation benefit. For 2026, the monthly exclusion for qualified parking is $340 and the monthly exclusion for commuter highway vehicle transportation and transit passes is
$340. See Qualified Transportation Benefits in section 2.
Contribution limit on a health flexible spending arrangement (FSA). For plan years beginning in 2026, a
cafeteria plan may not allow an employee to request salary reduction contributions for a health FSA in excess of
$3,400.
Moving expense reimbursement. P.L. 119-21, commonly known as the One Big Beautiful Bill Act, permanently eliminates the exclusion for qualified moving expense reimbursements from your employee's income.
However, the exclusion is available in the case of a member of the U.S. Armed Forces on active duty who moves
because of a permanent change of station due to a military order. The exclusion applies only to reimbursement of
moving expenses that the member could deduct if they
had paid or incurred them without reimbursement. See
Moving Expenses in Pub. 3, Armed Forces’ Tax Guide, for
the definition of what constitutes a permanent change of
station and to learn which moving expenses are deductible.
P.L. 119-21 also makes the exclusion available to an
employee or new appointee of the intelligence community
(as defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)) (other than a member of the
Armed Forces of the United States) who moves pursuant
to a change in assignment which requires relocation. The
exclusion applies only to reimbursement of moving expenses that an intelligence community employee or appointee
could deduct if they had paid or incurred them without reimbursement.
Bicycle commuting reimbursements. P.L. 119-21 permanently eliminates the exclusion of qualified bicycle
commuting reimbursements from your employee’s income
for tax years beginning after 2025. See Qualified bicycle
commuting reimbursement eliminated, later.
Withholding on supplemental wages. The withholding
rate on supplemental wages remains 22% (37% if supplemental wages paid to an employee during the calendar
year exceed $1 million) because P.L. 119-21 permanently
extended the individual tax rates enacted in P.L. 115-97,
Tax Cuts and Jobs Act. See section 7 in Pub. 15 for more
information about supplemental wages.
Artificial intelligence (AI) literacy and AI development
programs. Executive Order (EO) 14179, “Removing Barriers to American Leadership in Artificial Intelligence”
(January 2025), and the subsequently published Winning
the Race: America’s AI Action Plan (July 2025), were issued to promote AI literacy and development. Employer-provided AI literacy and skill development programs may be tax-free as working condition fringe
benefits if they maintain or improve employee job skills at
their current job. See Working Condition Benefits, later.
2
Direct deposit of employment tax refunds now available. EO 14247, Modernizing Payments To and From
America’s Bank Account, issued on March 25, 2025, promotes operational efficiency by mandating the transition to
electronic payments for all federal disbursements. Accordingly, the IRS will now issue employment tax return refunds by direct deposit. Direct deposit is a fast, simple,
safe, and secure way to have your refund deposited automatically to your checking or savings account. Instead of a
direct deposit refund, you can still choose to have your
overpayment applied to your next return by checking the
appropriate box on your employment tax return. For more
information, see the instructions for your employment tax
return.
Make balance due payments electronically. EO 14247
also promotes operational efficiency by mandating the
transition to electronic payments for all payments made to
the federal government. Therefore, pay your balance due
on your employment tax return electronically. There are
several easy, safe, and secure ways to pay your balance
due electronically. For more information, see the instructions for your employment tax return.
Employment tax return transcripts are now available
electronically. You can now access Form 940, Form 941,
Form 943, Form 944, and Form 945 return transcripts for
tax years 2023 and later using your IRS business tax account. For more information, go to IRS.gov/
BusinessesTranscript. To access your IRS business tax
account, go to IRS.gov/BusinessAccount.
Dependent care assistance exclusion from wages.
For the 2026 tax year, the annual dependent care FSA
limit was raised from $5,000 to $7,500 ($2,500 to $3,750
for married filing separately). See Exclusion from wages,
later.
Employer’s meal deduction. For amounts incurred or
paid after 2025, the employer can no longer deduct expenses associated with providing food and beverages to
employees through an eating facility that meets the requirements for de minimis fringe benefits or for the convenience of the employer. The 50% deduction that applied
through 2025 has been eliminated as part of a scheduled
change in the 2017 Tax Cuts and Jobs Act. See De Minimis Meals, later.
Employer payments of student loans. P.L. 119-21 permanently extends the $5,250 exclusion from income for
employer-provided educational assistance for payments
made after 2025. See Exclusion for employer payments of
student loans, later.
Reminders
Form 1099-NEC, Nonemployee Compensation. Use
Form 1099-NEC to report nonemployee compensation
paid in 2025. The 2025 Form 1099-NEC is due February
2, 2026.
Additional permitted election changes for health coverage under a cafeteria plan. Notice 2014-55, 2014-41
I.R.B.
672,
available
at
IRS.gov/irb/
2014-41_IRB#NOT-2014-55, expands the application of
Publication 15-B (2026)
the permitted change rules for health coverage under a
cafeteria plan and discusses two specific situations in
which a cafeteria plan participant is permitted to revoke
their election under a cafeteria plan during a period of coverage.
Definition of marriage. A marriage of two individuals is
recognized for federal tax purposes if the marriage is recognized by the state or territory of the United States in
which the marriage is entered into, regardless of legal residence. Two individuals who enter into a relationship that is
denominated as a marriage under the laws of a foreign jurisdiction are recognized as married for federal tax purposes if the relationship would be recognized as a marriage
under the laws of at least one state or territory of the United States, regardless of legal residence. Individuals who
have entered into a registered domestic partnership, civil
union, or other similar relationship that isn’t denominated
as a marriage under the law of the state or territory of the
United States where such relationship was entered into
aren’t lawfully married for federal tax purposes, regardless
of legal residence.
Notice 2014-1 discusses how certain rules for cafeteria
plans, including health and dependent care FSAs, and
health savings accounts (HSAs) apply to same-sex spouses participating in employee benefit plans. Notice
2014-1, 2014-2 I.R.B. 270, is available at IRS.gov/irb/
2014-02_IRB#NOT-2014-1.
Getting tax forms, instructions, and publications. Go
to IRS.gov/Forms to download current and prior-year
forms, instructions, and publications.
Ordering tax forms, instructions, and publications.
Go to IRS.gov/OrderForms to order current forms, instructions, and publications; call 800-829-3676 to order
prior-year forms and instructions. The IRS will process
your order as soon as possible. Don’t resubmit requests
you’ve already sent us. You can get forms, instructions,
and publications faster online.
Getting answers to your tax questions. If you have a
tax question not answered by this publication, check
IRS.gov and How To Get Tax Help at the end of this publication.
Photographs of missing children. The IRS is a proud
partner with the National Center for Missing & Exploited
Children® (NCMEC). Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring
these children home by looking at the photographs and
calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.
Introduction
This publication supplements Pub. 15, Employer’s Tax
Guide; and Pub. 15-A, Employer’s Supplemental Tax
Guide. It contains information for employers on the employment tax treatment of fringe benefits.
You can send us
FormComments.
Or you can write to:
comments
through
IRS.gov/
Internal Revenue Service
Tax Forms and Publications
1111 Constitution Ave. NW, IR-6526
Washington, DC 20224
Although we can’t respond individually to each comment received, we do appreciate your feedback and will
consider your comments and suggestions as we revise
our tax forms, instructions, and publications. Don’t send
tax questions, tax returns, or payments to this address.
1. Fringe Benefit Overview
A fringe benefit is a form of pay for the performance of
services. For example, you provide an employee with a
fringe benefit when you allow the employee to use a business vehicle to commute to and from work.
Performance of services. A person who performs services for you doesn’t have to be your employee. A person
may perform services for you as an independent contractor, partner, or director. Also, for fringe benefit purposes,
treat a person who agrees not to perform services (such
as under a covenant not to compete) as performing services.
Provider of benefit. You’re the provider of a fringe benefit if it is provided for services performed for you. You’re
considered the provider of a fringe benefit even if a third
party, such as your client or customer, provides the benefit
to your employee for services the employee performs for
you. For example, if, in exchange for goods or services,
your customer provides daycare services as a fringe benefit to your employees for services they provide for you as
their employer, then you’re the provider of this fringe benefit even though the customer is actually providing the daycare.
Recipient of benefit. The person who performs services
for you is considered the recipient of a fringe benefit provided for those services. That person may be considered
the recipient even if the benefit is provided to someone
who didn’t perform services for you. For example, your
employee may be the recipient of a fringe benefit you provide to a member of the employee’s family.
Are Fringe Benefits Taxable?
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.
Comments and suggestions. We welcome your comments about this publication and your suggestions for future editions.
Publication 15-B (2026)
3
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.
The rules used to determine the value of a fringe benefit
are discussed in section 3.
If the recipient of a taxable fringe benefit is your employee, the benefit is generally subject to employment
taxes and must be reported on Form W-2, Wage and Tax
Statement. However, you can use special rules to withhold, deposit, and report the employment taxes. These
rules are discussed in section 4.
If the recipient of a taxable fringe benefit isn’t your employee, the benefit isn’t subject to employment taxes.
However, you may have to report the benefit on one of the
following information returns.
IF the recipient
receives the benefit
as...
THEN use...
an independent
contractor
Form 1099-NEC.
a partner
Schedule K-1 (Form 1065), Partner’s
Share of Income, Deductions, Credits,
etc.
For more information, see the instructions for the forms listed above.
Cafeteria Plans
A cafeteria plan, including an FSA, provides participants
an opportunity to receive qualified benefits on a pre-tax
basis. It is a written plan that allows your employees to
choose between receiving cash or taxable benefits, instead of certain qualified benefits for which the law provides an exclusion from wages. If an employee chooses to
receive a qualified benefit under the plan, the fact that the
employee could have received cash or a taxable benefit
instead won’t make the qualified benefit taxable.
Generally, a cafeteria plan doesn’t include any plan that
offers a benefit that defers pay. However, a cafeteria plan
can include a qualified 401(k) plan as a benefit. Also, certain life insurance plans maintained by educational institutions can be offered as a benefit even though they defer
pay.
Qualified benefits. A cafeteria plan can include the following benefits discussed in section 2.
• Accident and health benefits (but not Archer medical
savings accounts (Archer MSAs) or long-term care insurance).
• Adoption assistance.
• Dependent care assistance.
• Group-term life insurance coverage (including costs
that can’t be excluded from wages).
4
• HSAs. Distributions from an HSA may be used to pay
eligible long-term care insurance premiums or to pay
for qualified long-term care services.
Benefits not allowed. A cafeteria plan can’t include the
following benefits discussed in section 2.
• Archer MSAs. See Accident and Health Benefits in
section 2.
• Athletic facilities.
• De minimis (minimal) benefits.
• Educational assistance.
• Employee discounts.
• Employer-provided cell phones.
• Lodging on your business premises.
• Meals.
• No-additional-cost services.
• Retirement planning services.
• Transportation (commuting) benefits.
• Tuition reduction.
• Working condition benefits.
It also can’t include scholarships or fellowships (discussed in Pub. 970).
Contribution limit on a health FSA. For plan years beginning in 2026, a cafeteria plan may not allow an employee to request salary reduction contributions for a
health FSA in excess of $3,400.
A cafeteria plan that doesn’t limit health FSA contributions to the dollar limit isn’t a cafeteria plan and all benefits
offered under the plan are includible in the employee’s
gross income.
For more information, see Notice 2012-40, 2012-26
I.R.B.
1046,
available
at
IRS.gov/irb/
2012-26_IRB#NOT-2012-40.
“Use-or-lose” rule for health FSAs. Instead of a grace
period, you may, at your option, amend your cafeteria plan
to allow an employee’s unused contributions to carry over
to the immediately following plan year. For more information, see Notice 2013-71, 2013-47 I.R.B. 532, available at
IRS.gov/irb/2013-47_IRB#NOT-2013-71;
and
Notice
2020-33, 2020-22 I.R.B. 868, available at IRS.gov/irb/
2020-22_IRB#NOT-2020-33.
Employee. For these plans, treat the following individuals as employees.
• A current common-law employee. See section 2 in
Pub. 15.
• A full-time life insurance agent who is a current statutory employee.
• A leased employee who has provided services to you
on a substantially full-time basis for at least a year if
the services are performed under your primary direction or control.
Publication 15-B (2026)
Exception for S corporation shareholders. Don’t
treat a 2% shareholder of an S corporation as an employee of the corporation for this purpose. A 2% shareholder for this purpose is someone who directly or indirectly owns (for any day during the tax year) more than 2%
of the corporation’s stock or stock with more than 2% of
the voting power. Treat a 2% shareholder as you would a
partner in a partnership for fringe benefit purposes, but
don’t treat the benefit as a reduction in distributions to the
2% shareholder. For more information, see Revenue Ruling 91-26, 1991-1 C.B. 184.
Plans that favor highly compensated employees. If
your plan favors highly compensated employees as to eligibility to participate, contributions, or benefits, you must
include in their wages the value of taxable benefits they
could have selected. A plan you maintain under a collective bargaining agreement doesn’t favor highly compensated employees.
A highly compensated employee for this purpose is any
of the following employees.
you reasonably expect to employ an average of 100 or
fewer employees in the current year. If you establish a simple cafeteria plan in a year that you employ an average of
100 or fewer employees, you’re considered an eligible employer for any subsequent year until the year after you employ an average of 200 or more employees.
Eligibility and participation requirements. These requirements are met if all employees who had at least
1,000 hours of service for the preceding plan year are eligible to participate and each employee eligible to participate in the plan may elect any benefit available under the
plan. You may elect to exclude from the plan employees
who:
1. Are under age 21 before the close of the plan year,
2. Have less than 1 year of service with you as of any
day during the plan year,
1. An officer.
3. Are covered under a collective bargaining agreement
if there is evidence that the benefits covered under the
cafeteria plan were the subject of good-faith bargaining, or
2. A shareholder who owns more than 5% of the voting
power or value of all classes of the employer’s stock.
4. Are nonresident aliens working outside the United
States whose income didn’t come from a U.S. source.
3. An employee who is highly compensated based on
the facts and circumstances.
4. A spouse or dependent of a person described in (1),
(2), or (3).
Plans that favor key employees. If your plan favors key
employees, you must include in their wages the value of
taxable benefits they could have selected. A plan favors
key employees if more than 25% of the total of the nontaxable benefits you provide for all employees under the plan
go to key employees. However, a plan you maintain under
a collective bargaining agreement doesn’t favor key employees.
A key employee during 2026 is generally an employee
who is either of the following.
1. An officer having annual pay of more than $235,000.
2. An employee who for 2026 is either of the following.
a. A 5% owner of your business.
b. A 1% owner of your business whose annual pay is
more than $150,000.
Simple Cafeteria Plans for Small
Businesses
Eligible employers meeting contribution requirements and
eligibility and participation requirements can establish a
simple cafeteria plan. Simple cafeteria plans are treated
as meeting the nondiscrimination requirements of a cafeteria plan and certain benefits under a cafeteria plan.
Eligible employer. You’re an eligible employer if you
employed an average of 100 or fewer employees during
either of the 2 preceding years. If your business wasn’t in
existence throughout the preceding year, you’re eligible if
Publication 15-B (2026)
Contribution requirements. You must make a contribution to provide qualified benefits on behalf of each qualified employee in an amount equal to:
1. A uniform percentage (not less than 2%) of the employee’s compensation for the plan year; or
2. An amount that is at least 6% of the employee’s compensation for the plan year or twice the amount of the
salary reduction contributions of each qualified employee, whichever is less.
If the contribution requirements are met using option (2),
the rate of contribution to any salary reduction contribution
of a highly compensated or key employee can’t be greater
than the rate of contribution to any other employee.
More information. For more information about cafeteria
plans, see section 125 of the Internal Revenue Code and
its regulations.
2. Fringe Benefit Exclusion
Rules
This section discusses the exclusion rules that apply to
fringe benefits. These rules exclude all or part of the value
of certain benefits from the recipient’s pay.
In most cases, the excluded benefits aren’t subject to
federal income tax withholding, social security tax, Medicare tax, federal unemployment tax under the Federal Unemployment Tax Act (FUTA), or Railroad Retirement Tax
Act (RRTA) taxes and aren’t reported on Form W-2.
5
Table 2-1. Special Rules for Various Types of Fringe Benefits
(For more information, see the full discussion in this section.)
Treatment Under Employment Taxes
Type of fringe benefit
Income tax withholding
Social Security and Medicare
(including Additional Medicare
Tax when wages are paid in
excess of $200,000)1
Exempt
Federal unemployment (FUTA)
Accident and health benefits
Exempt (except 2%
shareholder-employees of S
corporations).
Achievement awards
Exempt2 up to $1,600 for qualified plan awards ($400 for nonqualified awards).
Adoption assistance
Exempt2 3
Athletic facilities
Exempt if substantially all use during the calendar year is by employees, their spouses, and their dependent
children, and the facility is operated by the employer on premises owned or leased by the employer.
De minimis (minimal) benefits
Exempt
Dependent care assistance
Exempt up to certain limits, $7,500 ($3,750 for married employee filing separate return).
Educational assistance
Exempt up to $5,250 of benefits each year. (See Educational Assistance, later in this section.)
Employee discounts
Exempt3 up to certain limits. (See Employee Discounts, later in this section.)
Employee stock options
See Employee Stock Options, later in this section.
Employer-provided cell phones
Exempt if provided primarily for noncompensatory business purposes.
Group-term life insurance coverage
Health savings accounts (HSAs)
Taxable
Exempt
Exempt
Taxable
Exempt
3
Exempt
Exempt2 4 6 up to cost of $50,000 of Exempt
coverage. (Special rules apply to
former employees.)
Exempt for qualified individuals up to the HSA contribution limits. (See Health Savings Accounts, later in this
section.)
Lodging on your business premises Exempt2 if furnished on your business premises, for your convenience, and as a condition of employment.
Meals
Exempt2 if furnished on your business premises for your convenience.
Exempt if de minimis.
No-additional-cost services
Exempt3
Exempt3
Exempt3
Retirement planning services
Exempt
Exempt
Exempt5
5
5
Exempt2 up to certain limits if for rides in a commuter highway vehicle and/or transit passes ($340) or qualified
Transportation (commuting) benefits parking ($340). (See Transportation (Commuting) Benefits, later in this section.)
Exempt if de minimis.
Tuition reduction
Exempt3 if for undergraduate education (or graduate education if the employee performs teaching or research
activities).
Working condition benefits
Exempt
1
Exempt
Exempt
Or other railroad retirement taxes, if applicable.
Exemption doesn’t apply to S corporation employees who are 2% shareholders.
Exemption doesn’t apply to certain highly compensated employees under a program that favors those employees.
Exemption doesn’t apply to certain key employees under a plan that favors those employees.
5
Exemption doesn’t apply to services for tax preparation, accounting, legal, or brokerage services.
6
You must include in your employee’s wages the cost of group-term life insurance beyond $50,000 worth of coverage, reduced by the amount the employee paid
toward the insurance. Report it as wages in boxes 1, 3, and 5 of the employee’s Form W-2. Also, show it in box 12 with code C. The amount is subject to social
security and Medicare taxes, and you may, at your option, withhold federal income tax.
2
3
4
This section discusses the exclusion rules for the following fringe benefits.
• Accident and health benefits.
• Achievement awards.
• Adoption assistance.
• Athletic facilities.
• De minimis (minimal) benefits.
• Dependent care assistance.
• Educational assistance.
• Employee discounts.
• Employee stock options.
• Employer-provided cell phones.
6
• Group-term life insurance coverage.
• HSAs.
• Lodging on your business premises.
• Meals.
• No-additional-cost services.
• Retirement planning services.
• Transportation (commuting) benefits.
• Tuition reduction.
• Working condition benefits.
See Table 2-1 for an overview of the employment tax
treatment of these benefits.
Publication 15-B (2026)
Accident and Health Benefits
This exclusion applies to contributions you make to an accident or health plan for an employee, including the following.
• Contributions to the cost of accident or health insurance including qualified long-term care insurance.
• Contributions to a separate trust or fund that directly or
through insurance provides accident or health benefits.
• Contributions to Archer MSAs or HSAs (discussed in
Pub. 969).
This exclusion also applies to payments you directly or
indirectly make to an employee under an accident or
health plan for employees that are either of the following.
• Payments or reimbursements of medical expenses.
• Payments for specific permanent injuries (such as the
loss of the use of an arm or leg). The payments must
be figured without regard to the period the employee is
absent from work.
Accident or health plan. This is an arrangement that
provides benefits for your employees, their spouses, their
dependents, and their children (under age 27 at the end of
the tax year) in the event of personal injury or sickness.
The plan may be insured or noninsured and doesn’t need
to be in writing.
Employee. For this exclusion, treat the following individuals as employees.
• A current common-law employee.
• A full-time life insurance agent who is a current statutory employee.
• A retired employee.
• A former employee you maintain coverage for based
on the employment relationship.
• A surviving spouse of an individual who died while an
employee.
• A surviving spouse of a retired employee.
• For the exclusion of contributions to an accident or
health plan, a leased employee who has provided
services to you on a substantially full-time basis for at
least a year if the services are performed under your
primary direction or control.
Special rule for certain government plans. For certain government accident and health plans, payments to a
deceased employee’s beneficiary may qualify for the exclusion from gross income if the other requirements for exclusion are met. See section 105(j) for details.
Exception for S corporation shareholders. Don’t
treat a 2% shareholder of an S corporation as an employee of the corporation for this purpose. A 2% shareholder is someone who directly or indirectly owns (for any
day during the tax year) more than 2% of the corporation’s
stock or stock with more than 2% of the voting power.
Publication 15-B (2026)
Treat a 2% shareholder as you would a partner in a partnership for fringe benefit purposes, but don’t treat the benefit as a reduction in distributions to the 2% shareholder.
For more information, see Revenue Ruling 91-26, 1991-1
C.B. 184.
Exclusion from wages. You can generally exclude the
value of accident or health benefits you provide to an employee from the employee’s wages.
Exception for certain long-term care benefits. You
can’t exclude contributions to the cost of long-term care
insurance from an employee’s wages subject to federal income tax withholding if the coverage is provided through a
flexible spending or similar arrangement. This is a benefit
program that reimburses specified expenses up to a maximum amount that is reasonably available to the employee
and is less than five times the total cost of the insurance.
However, you can exclude these contributions from the
employee’s wages subject to social security, Medicare,
and FUTA taxes.
S corporation shareholders. Because you can’t
treat a 2% shareholder of an S corporation as an employee for this exclusion, you must include the value of accident or health benefits you provide to the employee in
the employee’s wages subject to federal income tax withholding. However, you can exclude the value of these benefits (other than payments for specific injuries or illnesses
not made under a plan set up to benefit all employees or
certain groups of employees) from the employee’s wages
subject to social security, Medicare, and FUTA taxes. See
Announcement 92-16 for more information. You can find
Announcement 92-16 on page 53 of Internal Revenue Bulletin 1992-5.
Exception for highly compensated employees. If
your plan is a self-insured medical reimbursement plan
that favors highly compensated employees, you must include all or part of the amounts you pay to these employees in box 1 of Form W-2. However, you can exclude
these amounts (other than payments for specific injuries
or illnesses not made under a plan set up to benefit all employees or certain groups of employees) from the employee’s wages subject to federal income tax withholding and
social security, Medicare, and FUTA taxes.
A self-insured plan is a plan that reimburses your employees for medical expenses not covered by an accident
or health insurance policy.
A highly compensated employee for this exception is
any of the following individuals.
• One of the five highest paid officers.
• An employee who owns (directly or indirectly) more
than 10% in value of the employer’s stock.
• An employee who is among the highest paid 25% of
all employees (other than those who can be excluded
from the plan).
For more information on this exception, see section
105(h) of the Internal Revenue Code and its regulations.
COBRA premiums. The exclusion for accident and
health benefits applies to amounts you pay to maintain
7
medical coverage for a current or former employee under
the Combined Omnibus Budget Reconciliation Act of
1986 (COBRA). The exclusion applies regardless of the
length of employment, whether you directly pay the premiums or reimburse the former employee for premiums paid,
and whether the employee’s separation is permanent or
temporary.
Qualified small employer health reimbursement arrangements (QSEHRAs). QSEHRAs allow eligible small
employers to pay or reimburse medical care expenses, including health insurance premiums, of eligible employees
and their family members. A QSEHRA isn’t a group health
plan, and, therefore, isn’t subject to group health plan requirements. Generally, payments from a QSEHRA to reimburse an eligible employee’s medical expenses aren’t includible in the employee’s gross income if the employee
has coverage that provides minimum essential coverage,
as defined in section 5000A(f) of the Internal Revenue
Code.
A QSEHRA is an arrangement that meets all the following requirements.
1. The arrangement is funded solely by you, and no salary reduction contributions may be made under the
arrangement.
2. The arrangement provides, after the eligible employee
provides proof of coverage, for the payment or reimbursement of the medical expenses incurred by the
employee or the employee’s family members.
3. The amount of payments and reimbursements
doesn’t exceed $6,450 ($13,100 for family coverage)
for 2026.
4. The arrangement is generally provided on the same
terms to all your eligible employees. However, your
QSEHRA may exclude employees who haven’t completed 90 days of service, employees who haven’t
reached age 25 before the beginning of the plan year,
part-time or seasonal employees, employees covered
by a collective bargaining agreement if health benefits
were the subject of good-faith bargaining, and employees who are nonresident aliens with no earned income from sources within the United States.
Eligible employer. To be an eligible employer, you
must not be an applicable large employer, which is defined as an employer that generally employed at least 50
full-time employees, including full-time equivalent employees, in the prior calendar year. You must also not offer a
group health plan (including a health reimbursement arrangement (HRA) or a health FSA) to any of your employees. For more information about the Affordable Care Act
and group health plan requirements, go to IRS.gov/ACA.
For more information about QSEHRAs, including information about the requirement to give a written notice to each
eligible employee, see Notice 2017-67, 2017-47 I.R.B.
517, available at IRS.gov/irb/2017-47_IRB#NOT-2017-67.
Reporting requirements. You must report in box 12
of Form W-2 using code FF the amount of payments and
reimbursements that your employee is entitled to receive
8
from the QSEHRA for the calendar year without regard to
the amount of payments or reimbursements actually received. For example, if your QSEHRA provides a permitted benefit of $3,000 and your employee receives reimbursements of $2,000, on Form W-2, you would report a
permitted benefit of $3,000 in box 12 using code FF.
Achievement Awards
This exclusion applies to the value of any tangible personal property you give to an employee as an award for either length of service or safety achievement. The exclusion doesn’t apply to awards of cash, cash equivalents,
gift cards, gift coupons, or gift certificates (other than arrangements granting only the right to select and receive
tangible personal property from a limited assortment of
items preselected or preapproved by you). The exclusion
also doesn’t apply to vacations, meals, lodging, tickets to
theater or sporting events, stocks, bonds, other securities,
and other similar items. An achievement award must meet
all the following requirements.
• It is given to an employee for length of service or
safety achievement.
• It is awarded as part of a meaningful presentation.
• It is awarded under conditions and circumstances that
don’t create a significant likelihood of disguised pay.
Employee. For this exclusion, treat the following individuals as employees.
• A current employee.
• A former common-law employee you maintain cover-
age for in consideration of or based on an agreement
relating to prior service as an employee.
• A leased employee who has provided services to you
on a substantially full-time basis for at least a year if
the services are performed under your primary direction or control.
Exception for S corporation shareholders. Don’t
treat a 2% shareholder of an S corporation as an employee of the corporation for this purpose. A 2% shareholder is someone who directly or indirectly owns (for any
day during the tax year) more than 2% of the corporation’s
stock or stock with more than 2% of the voting power.
Treat a 2% shareholder as you would a partner in a partnership for fringe benefit purposes, but don’t treat the benefit as a reduction in distributions to the 2% shareholder.
For more information, see Revenue Ruling 91-26, 1991-1
C.B. 184.
Exclusion from wages. You can generally exclude the
value of achievement awards you give to an employee
from the employee’s wages if their cost isn’t more than the
amount you can deduct as a business expense for the
year. The excludable annual amount is $1,600 ($400 for
awards that aren’t “qualified plan awards”).
Publication 15-B (2026)
Deduction limit. Your deduction for the cost of employee achievement awards given to any one employee
during the tax year is limited to the following.
• $400 for awards that aren’t qualified plan awards.
• $1,600 for all awards, whether or not qualified plan
awards.
A qualified plan award is an achievement award given
as part of an established written plan or program that
doesn’t favor highly compensated employees as to eligibility or benefits.
A highly compensated employee is an employee who
meets either of the following tests.
2. It doesn’t pay more than 5% of its payments during
the year for shareholders or owners (or their spouses
or dependents). A shareholder or owner is someone
who owns (on any day of the tax year) more than 5%
of the stock or of the capital or profits interest of your
business.
3. You give reasonable notice of the plan to eligible employees.
4. Employees provide reasonable substantiation that
payments or reimbursements are for qualifying expenses.
1. The employee was a 5% owner at any time during the
year or the preceding year.
For this exclusion, a highly compensated employee for
2026 is an employee who meets either of the following
tests.
2. The employee received more than $160,000 in pay for
the preceding year.
1. The employee was a 5% owner at any time during the
year or the preceding year.
You can choose to ignore test (2) if the employee
wasn’t also in the top 20% of employees when ranked by
pay for the preceding year.
An award isn’t a qualified plan award if the average cost
of all the employee achievement awards given during the
tax year (that would be qualified plan awards except for
this limit) is more than $400. To figure this average cost,
ignore awards of nominal value.
Deduct achievement awards, up to the maximum
amounts listed earlier, as a nonwage business expense on
your return or business schedule.
Caution: To determine for 2026 whether an achievement award is a “qualified plan award” under the deduction rules described under Deduction limit above, treat any
employee who received more than $160,000 in pay for
2025 as a highly compensated employee.
If the cost of awards given to an employee is more than
your allowable deduction, include in the employee’s wages the larger of the following amounts.
2. The employee received more than $160,000 in pay for
the preceding year.
• The part of the cost that is more than your allowable
deduction (up to the value of the awards).
• The amount by which the value of the awards exceeds
your allowable deduction.
Exclude the remaining value of the awards from the employee’s wages.
Adoption Assistance
An adoption assistance program is a separate written plan
of an employer that meets all of the following requirements.
1. It benefits employees who qualify under rules set up
by you, which don’t favor highly compensated employees or their dependents. To determine whether
your plan meets this test, don’t consider employees
excluded from your plan who are covered by a collective bargaining agreement if there is evidence that
adoption assistance was a subject of good-faith bargaining.
Publication 15-B (2026)
You can choose to ignore test (2) if the employee wasn’t
also in the top 20% of employees when ranked by pay for
the preceding year.
You must exclude all payments or reimbursements you
make under an adoption assistance program for an employee’s qualified adoption expenses from the employee’s
wages subject to federal income tax withholding. However, you can’t exclude these payments from wages subject to social security, Medicare, and FUTA taxes.
You must report all qualifying adoption expenses you
paid or reimbursed under your adoption assistance program for each employee for the year in box 12 of the employee’s Form W-2. Report all amounts including those in
excess of the $17,670 exclusion for 2026. Use code T to
identify this amount.
Exception for S corporation shareholders. For this
exclusion, don’t treat a 2% shareholder of an S corporation as an employee of the corporation. A 2% shareholder
is someone who directly or indirectly owns (for any day
during the tax year) more than 2% of the corporation’s
stock or stock with more than 2% of the voting power.
Treat a 2% shareholder as you would a partner in a partnership for fringe benefit purposes, but don’t treat the benefit as a reduction in distributions to the 2% shareholder.
For more information, see Revenue Ruling 91-26, 1991-1
C.B. 184.
More information. For more information on adoption
benefits, see Notice 97-9, which is on page 35 of Internal
Revenue Bulletin 1997-2 at IRS.gov/pub/irs-irbs/
irb97-02.pdf. Advise your employees to see the Instructions for Form 8839.
Athletic Facilities
You can exclude the value of an employee’s use of an
on-premises gym or other athletic facility you operate from
an employee’s wages if substantially all use of the facility
9
during the calendar year is by your employees, their spouses, and their dependent children. For this purpose, an
employee’s dependent child is a child or stepchild who is
the employee’s dependent or who, if both parents are deceased, hasn’t reached the age of 25. The exclusion
doesn’t apply to any athletic facility if access to the facility
is made available to the general public through the sale of
memberships, the rental of the facility, or a similar arrangement.
On-premises facility. The athletic facility must be located on premises you own or lease and must be operated
by you. It doesn’t have to be located on your business
premises. However, the exclusion doesn’t apply to an athletic facility that is a facility for residential use, such as athletic facilities that are part of a resort.
Employee. For this exclusion, treat the following individuals as employees.
• A current employee.
• A former employee who retired or left on disability.
• A surviving spouse of an individual who died while an
employee.
• A surviving spouse of a former employee who retired
or left on disability.
• A leased employee who has provided services to you
on a substantially full-time basis for at least a year if
the services are performed under your primary direction or control.
• A partner who performs services for a partnership.
De Minimis (Minimal) Benefits
You can exclude the value of a de minimis benefit you provide to an employee from the employee’s wages. A de
minimis benefit is any property or service you provide to
an employee that has so little value (taking into account
how frequently you provide similar benefits to your employees) that accounting for it would be unreasonable or
administratively impracticable. Cash and cash equivalent
fringe benefits (for example, gift certificates, gift cards,
and the use of a charge card or credit card), no matter
how little, are never excludable as a de minimis benefit.
However, meal money and local transportation fare, if provided on an occasional basis and because of overtime
work, may be excluded, as discussed later.
Examples of de minimis benefits include the following.
• Personal use of an employer-provided cell phone provided primarily for noncompensatory business purposes. See Employer-Provided Cell Phones, later in this
section, for details.
• Occasional personal use of a company copying ma-
chine if you sufficiently control its use so that at least
85% of its use is for business purposes.
• Holiday or birthday gifts, other than cash, with a low
fair market value (FMV). Also, flowers or fruit or similar
items provided to employees under special
10
circumstances (for example, on account of illness, a
family crisis, or outstanding performance).
• Group-term life insurance payable on the death of an
employee’s spouse or dependent if the face amount
isn’t more than $2,000.
• Certain meals. See Meals, later in this section, for details.
• Occasional parties or picnics for employees and their
guests.
• Occasional tickets for theater or sporting events.
• Certain transportation fare. See Transportation (Commuting) Benefits, later in this section, for details.
Some examples of benefits that aren’t excludable as de
minimis fringe benefits are season tickets to sporting or
theatrical events; the commuting use of an employer-provided automobile or other vehicle more than 1 day a
month; membership in a private country club or athletic facility, regardless of the frequency with which the employee
uses the facility; and use of employer-owned or -leased facilities (such as an apartment, hunting lodge, boat, etc.)
for a weekend. If a benefit provided to an employee
doesn’t qualify as de minimis (for example, the frequency
exceeds a limit described earlier), then generally the entire benefit must be included in income.
Employee. For this exclusion, treat any recipient of a de
minimis benefit as an employee.
Dependent Care Assistance
This exclusion applies to household and dependent care
services you directly or indirectly pay for or provide to an
employee under a written dependent care assistance program (DCAP) that covers only your employees. The services must be for a qualifying person’s care and must be
provided to allow the employee to work. These requirements are basically the same as the tests the employee
would have to meet to claim the dependent care credit if
the employee paid for the services. For more information,
see Can You Claim the Credit? in Pub. 503.
Employee. For this exclusion, treat the following individuals as employees.
• A current employee.
• A leased employee who has provided services to you
on a substantially full-time basis for at least a year if
the services are performed under your primary direction or control.
• Yourself (if you’re a sole proprietor).
• A partner who performs services for a partnership.
Exclusion from wages. You can exclude the value of
benefits you provide to an employee under a DCAP from
the employee’s wages if you reasonably believe that the
employee can exclude the benefits from gross income.
An employee can generally exclude from gross income
up to $7,500 ($3,750 if married filing separately) of
benefits received under a DCAP each year.
Publication 15-B (2026)
However, the exclusion can’t be more than the smaller
of the earned income of either the employee or employee’s spouse. Special rules apply to determine the earned
income of a spouse who is either a student or not able to
care for themselves. For more information on the earned
income limit, see Pub. 503.
Exception for highly compensated employees.
You can’t exclude dependent care assistance from the wages of a highly compensated employee unless the benefits provided under the program don’t favor highly compensated employees and the program meets the
requirements described in section 129(d) of the Internal
Revenue Code.
For this exclusion, a highly compensated employee for
2026 is an employee who meets either of the following
tests.
1. The employee was a 5% owner at any time during the
year or the preceding year.
2. The employee received more than $160,000 in pay for
the preceding year.
You can choose to ignore test (2) if the employee wasn’t
also in the top 20% of employees when ranked by pay for
the preceding year.
Form W-2. Report the value of all dependent care assistance you provide to an employee under a DCAP in
box 10 of the employee’s Form W-2. Include any amounts
you can’t exclude from the employee’s wages in boxes 1,
3, and 5. Report in box 10 both the nontaxable portion of
assistance (up to $7,500) and any assistance above that
amount that is taxable to the employee.
Example. Oak Co. provides a dependent care assistance FSA to its employees through a cafeteria plan. In
addition, it provides occasional on-site dependent care to
its employees at no cost. Emily, an employee of Oak Co.,
had $7,000 deducted from her pay for the dependent care
FSA. In addition, Emily used the on-site dependent care
several times. The FMV of the on-site care was $700. Emily’s Form W-2 should report $7,700 of dependent care assistance in box 10 ($7,000 FSA plus $700 on-site dependent care). Boxes 1, 3, and 5 should include $200 (the
amount in excess of the nontaxable assistance), and applicable taxes should be withheld on that amount.
Education expenses don’t include the cost of tools or
supplies (other than textbooks) your employee is allowed
to keep at the end of the course. Nor do they include the
cost of lodging, meals, or transportation. Your employee
must be able to provide substantiation to you that the educational assistance provided was used for qualifying education expenses.
Exclusion for employer payments of student loans.
Employer-provided educational assistance benefits include payments made after March 27, 2020, whether paid
to the employee or to a lender, of principal or interest on
any qualified education loan incurred by the employee for
education of the employee. Qualified education loans are
defined in chapter 10 of Pub. 970.
Educational assistance program. An educational assistance program is a separate written plan that provides
educational assistance only to your employees. The program qualifies only if all of the following tests are met.
• The program benefits employees who qualify under
rules set up by you that don’t favor highly compensated employees. To determine whether your program
meets this test, don’t consider employees excluded
from your program who are covered by a collective
bargaining agreement if there is evidence that educational assistance was a subject of good-faith bargaining.
• The program doesn’t provide more than 5% of its ben-
efits during the year for shareholders or owners (or
their spouses or dependents). A shareholder or owner
is someone who owns (on any day of the tax year)
more than 5% of the stock or of the capital or profits
interest of your business.
• The program doesn’t allow employees to choose to receive cash or other benefits that must be included in
gross income instead of educational assistance.
• You give reasonable notice of the program to eligible
employees.
Your program can cover former employees if their employment is the reason for the coverage.
For this exclusion, a highly compensated employee for
2026 is an employee who meets either of the following
tests.
Educational Assistance
1. The employee was a 5% owner at any time during the
year or the preceding year.
This exclusion applies to educational assistance you provide to employees under an educational assistance program. The exclusion also applies to graduate-level courses.
2. The employee received more than $160,000 in pay for
the preceding year.
“Educational assistance” means amounts you pay or incur for your employees’ education expenses. These expenses generally include the cost of books, equipment,
fees, supplies, and tuition. However, these expenses don’t
include the cost of a course or other education involving
sports, games, or hobbies, unless the education:
• Has a reasonable relationship to your business, or
• Is required as part of a degree program.
Publication 15-B (2026)
You can choose to ignore test (2) if the employee wasn’t
also in the top 20% of employees when ranked by pay for
the preceding year.
Employee. For this exclusion, treat the following individuals as employees.
• A current employee.
• A former employee who retired, left on disability, or
was laid off.
11
• A leased employee who has provided services to you
on a substantially full-time basis for at least a year if
the services are performed under your primary direction or control.
• Yourself (if you’re a sole proprietor).
• A partner who performs services for a partnership.
Exclusion from wages. You can exclude up to $5,250
of educational assistance you provide to an employee under an educational assistance program from the employee’s wages each year.
Assistance over $5,250. If you don’t have an educational assistance plan, or you provide an employee with
assistance exceeding $5,250, you must include the value
of these benefits as wages, unless the benefits are working condition benefits. Working condition benefits may be
excluded from wages. Property or a service provided is a
working condition benefit to the extent that if the employee
paid for it, the amount paid would have been allowable as
a business or depreciation expense. See Working Condition Benefits, later in this section.
Self-employed individuals, shareholders, and owners. While there are no specific income limits for receiving educational assistance benefits, an educational assistance program must satisfy certain requirements under
section 127 of the Internal Revenue Code and Regulations section 1.127-2, including not being discriminatory in
favor of employees who are highly compensated employees. An individual who is self-employed within the meaning of section 401(c)(1) of the Internal Revenue Code may
receive educational assistance. While shareholders and
owners may receive educational assistance, not more
than 5% of the amounts paid or incurred by the employer
for educational assistance during the year may be provided for the class of individuals who are shareholders or
owners (or their spouses or dependents), each of whom
(on any day of the tax year) owns more than 5% of the
stock or of the capital or profits interest in the employer.
If the owners are the only employees, they can’t receive
educational assistance under section 127 of the Internal
Revenue Code because of the 5% benefit limitation described above. The following formula can be used to determine the amount of educational assistance that an
owner/employee can receive. Multiply the total amount of
educational assistance provided to employees other than
the owner/employee by 5.263158% (0.05263158). Then
round down to two decimal places, but not greater than
$5,250.
Example. A company has a single owner/employee
and 19 other employees. If each employee (other than the
owner/employee) claims the educational assistance and
receives the full $5,250, the owner/employee may also receive $5,250. The total amount of educational assistance
provided to employees (other than the owner/employee) is
$5,250 x 19 = $99,750. $99,750 x 0.05263158 =
$5,250.000105 (rounded down to two decimal places is
$5,250.00). If the owner/employee receives $5,250 in educational assistance, then the 5% benefit limitation would
be satisfied. The total amount of educational assistance
12
provided under the program is $99,750 + $5,250 =
$105,000, and 5% of $105,000 is $5,250.
However, if not every employee receives the full
$5,250, the amount the owner/employee may exclude is
reduced. If only eight of the employees (other than the
owner/employee) receive $5,250, then the total amount of
educational assistance provided to employees (other than
the owner/employee) is 8 x $5,250 = $42,000. $42,000 x
0.05263158 = $2,210.52636 (rounded down to two decimal places is $2,210.52). If the owner/employee receives
$2,210.52 in educational assistance, then the 5% benefit
limitation would be satisfied. The total amount of educational assistance provided under the program is $42,000 +
$2,210.52 = $44,210.52, and 5% of $44,210.52 is approximately $2,210.52.
Employee Discounts
This exclusion applies to a price reduction you give your
employee on property or services you offer to customers
in the ordinary course of the line of business in which the
employee performs substantial services. It applies
whether the property or service is provided at no charge
(in which case only part of the discount may be excludable
as a qualified employee discount) or at a reduced price. It
also applies if the benefit is provided through a partial or
total cash rebate.
The benefit may be provided either directly by you or indirectly through a third party. For example, an employee of
an appliance manufacturer may receive a qualified employee discount on the manufacturer’s appliances purchased at a retail store that offers the appliances for sale
to customers.
Employee discounts don’t apply to discounts on real
property or discounts on personal property of a kind commonly held for investment (such as stocks or bonds). They
also don’t include discounts on a line of business of the
employer for which the employee doesn’t provide substantial services, or discounts on property or services of a kind
that aren’t offered for sale to customers. Therefore, discounts on items sold in an employee store that aren’t sold
to customers aren’t excluded from employee income.
Also, employee discounts provided by another employer
through a reciprocal agreement aren’t excluded.
Employee. For this exclusion, treat the following individuals as employees.
• A current employee.
• A former employee who retired or left on disability.
• A surviving spouse of an individual who died while an
employee.
• A surviving spouse of an employee who retired or left
on disability.
• A leased employee who has provided services to you
on a substantially full-time basis for at least a year if
the services are performed under your primary direction or control.
• A partner who performs services for a partnership.
Publication 15-B (2026)
Treat discounts you provide to the spouse or dependent
child of an employee as provided to the employee. For this
fringe benefit, dependent child is a child or stepchild who
is the employee’s dependent or who, if both parents are
deceased, hasn’t reached the age of 25. Treat a child of
divorced parents as a dependent of both parents.
Exclusion from wages. You can generally exclude the
value of an employee discount you provide an employee
from the employee’s wages, up to the following limits.
• For a discount on services, 20% of the price you
charge nonemployee customers for the service.
• For a discount on merchandise or other property, your
gross profit percentage times the price you charge
nonemployee customers for the property.
Generally, determine your gross profit percentage in the
line of business based on all property you offer to customers (including employee customers) and your experience
during the tax year immediately before the tax year in
which the discount is available. To figure your gross profit
percentage, subtract the total cost of the property from the
total sales price of the property and divide the result by the
total sales price of the property. Employers that are in their
first year of existence may estimate their gross profit percentage based on its mark-up from cost or refer to an appropriate industry average. If substantial changes in an
employer’s business indicate at any time that it is inappropriate for the prior year’s gross profit percentage to be
used for the current year, the employer must, within a reasonable period, redetermine the gross profit percentage
for the remaining portion of the current year as if such portion of the year were the first year of the employer’s existence.
Exception for highly compensated employees.
You can’t exclude from the wages of a highly compensated employee any part of the value of a discount that isn’t
available on the same terms to one of the following
groups.
• All of your employees.
• A group of employees defined under a reasonable
classification you set up that doesn’t favor highly compensated employees.
For this exclusion, a highly compensated employee for
2026 is an employee who meets either of the following
tests.
1. The employee was a 5% owner at any time during the
year or the preceding year.
2. The employee received more than $160,000 in pay for
the preceding year.
You can choose to ignore test (2) if the employee wasn’t
also in the top 20% of employees when ranked by pay for
the preceding year.
Employee Stock Options
There are three kinds of stock options—incentive stock
options, employee stock purchase plan options, and nonstatutory (nonqualified) stock options.
Wages for social security, Medicare, and FUTA taxes
don’t include remuneration resulting from the exercise of
an incentive stock option or an employee stock purchase
plan option, or from any disposition of stock acquired by
exercising such an option.
Additionally, federal income tax withholding isn’t required on the income resulting from a disqualifying disposition of stock acquired by the exercise of an incentive
stock option or an employee stock purchase plan option,
or on income equal to the discount portion of stock acquired by the exercise of an employee stock purchase
plan option resulting from any qualifying disposition of the
stock. The employer must report as income in box 1 of
Form W-2 (a) the discount portion of stock acquired by the
exercise of an employee stock purchase plan option upon
a qualifying disposition of the stock, and (b) the spread
(between the exercise price and the FMV of the stock at
the time of exercise) upon a disqualifying disposition of
stock acquired by the exercise of an incentive stock option
or an employee stock purchase plan option.
An employer must report the excess of the FMV of
stock received upon exercise of a nonstatutory stock option over the amount paid for the stock option on Form
W-2 in boxes 1, 3 (up to the social security wage base
limit), and 5, and in box 12 using code V. See Regulations
section 1.83-7.
An employee who transfers their interest in nonstatutory stock options to the employee’s former spouse incident to a divorce isn’t required to include an amount in
gross income upon the transfer. The former spouse, rather
than the employee, is required to include an amount in
gross income when the former spouse exercises the stock
options. See Revenue Ruling 2002-22 and Revenue Ruling 2004-60 for details. You can find Revenue Ruling
2002-22 on page 849 of Internal Revenue Bulletin
2002-19 at IRS.gov/pub/irs-irbs/irb02-19.pdf. Revenue
Ruling 2004-60, 2004-24 I.R.B. 1051, is available at
IRS.gov/irb/2004-24_IRB#RR-2004-60.
Employee stock options aren’t subject to Railroad
Retirement Tax. In Wisconsin Central Ltd. v. United
States, 138 S. Ct. 2067, the U. S. Supreme Court ruled
that employee stock options (whether statutory or nonstatutory) aren’t “money remuneration” subject to the RRTA.
If you’re a railroad employer, don’t withhold Tier 1 and Tier
2 taxes on compensation from railroad employees covered by the RRTA exercising such options. You must still
withhold federal income tax on taxable compensation from
railroad employees exercising their options.
Section 83(i) election to defer income on equity
grants. Under section 83(i) of the Internal Revenue
Code, qualified employees who are granted stock options
or restricted stock units (RSUs) and who later receive
stock upon exercise of the option or upon settlement of
Publication 15-B (2026)
13
the RSU (qualified stock) may elect to defer the recognition of income for up to 5 years if the corporation’s stock
wasn’t readily tradable on an established securities market during any prior calendar year, if the corporation has a
written plan under which not less than 80% of all U.S. employees are granted options or RSUs with the same rights
and privileges to receive qualified stock, and if certain
other requirements are met. An election under section
83(i) applies only for federal income tax purposes. The
election has no effect on the application of social security,
Medicare, and FUTA taxes. For federal income tax purposes, the employer must withhold federal income tax at
37% in the tax year that the amount deferred is included in
the employee’s income. If a section 83(i) election is made
for an option exercise, that option will not be considered
an incentive stock option or an option granted pursuant to
an employee stock purchase plan. These rules apply to
stock attributable to options exercised, or RSUs settled,
after December 31, 2017. For more information, see section 83(i); and Notice 2018-97, 2018-52 I.R.B. 1062, available at IRS.gov/irb/2018-52_IRB#NOT-2018-97.
Reporting requirements. For each employee, you
must report in box 12 of Form W-2 using code GG the
amount included in income in the calendar year from
qualified equity grants under section 83(i). You must also
report in box 12 using code HH the total amount of income
deferred under section 83(i) determined as of the close of
the calendar year.
More information. For more information about employee stock options, see sections 83, 421, 422, and 423
of the Internal Revenue Code and their related regulations.
Employer-Provided Cell Phones
• Need to speak with clients located in other time zones
at times outside the employee’s normal workday.
Cell phones provided to promote goodwill, boost
morale, or attract prospective employees. You can’t
exclude from an employee’s wages the value of a cell
phone provided to promote goodwill of an employee, to attract a prospective employee, or as a means of providing
additional compensation to an employee.
Additional information. For additional information on
the tax treatment of employer-provided cell phones, see
Notice 2011-72, 2011-38 I.R.B. 407, available at
IRS.gov/irb/2011-38_IRB#NOT-2011-72.
Group-Term Life Insurance Coverage
This exclusion applies to life insurance coverage that
meets all the following conditions.
• It provides a general death benefit that isn’t included in
income.
• You provide it to a group of employees. See The
10-employee rule, later.
• It provides an amount of insurance to each employee
based on a formula that prevents individual selection.
This formula must use factors such as the employee’s
age, years of service, pay, or position.
• You provide it under a policy you directly or indirectly
carry. Even if you don’t pay any of the policy’s cost,
you’re considered to carry it if you arrange for payment
of its cost by your employees and charge at least one
employee less than, and at least one other employee
more than, the cost of their insurance. Determine the
cost of the insurance, for this purpose, as explained
under Coverage over the limit, later.
The value of the business use of an employer-provided
cell phone, provided primarily for noncompensatory business reasons, is excludable from an employee’s income
as a working condition fringe benefit. Personal use of an
employer-provided cell phone, provided primarily for noncompensatory business reasons, is excludable from an
employee’s income as a de minimis fringe benefit. The
term “cell phone” also includes other similar telecommunications equipment. For the rules relating to these types of
benefits, see De Minimis (Minimal) Benefits, earlier in this
section; and Working Condition Benefits, later in this section.
Group-term life insurance doesn’t include the following
insurance.
Noncompensatory business purposes. You provide a
cell phone primarily for noncompensatory business purposes if there are substantial business reasons for providing
the cell phone. Examples of substantial business reasons
include the employer’s:
manent benefit (an economic value that extends beyond 1 policy year, such as paid-up or cash-surrender
value), unless certain requirements are met. See Regulations section 1.79-1 for details.
• Need to contact the employee at all times for work-related emergencies,
• Requirement that the employee be available to speak
with clients at times when the employee is away from
the office, and
14
• Insurance that doesn’t provide general death benefits,
such as travel insurance or a policy providing only accidental death benefits.
• Life insurance on the life of your employee’s spouse or
dependent. However, you may be able to exclude the
cost of this insurance from the employee’s wages as a
de minimis benefit. See De Minimis (Minimal) Benefits, earlier in this section.
• Insurance provided under a policy that provides a per-
Employee. For this exclusion, treat the following individuals as employees.
1. A current common-law employee.
2. A full-time life insurance agent who is a current statutory employee.
Publication 15-B (2026)
3. An individual who was formerly your employee under
(1) or (2).
4. A leased employee who has provided services to you
on a substantially full-time basis for at least a year if
the services are performed under your primary direction or control.
Exception for S corporation shareholders. Don’t
treat a 2% shareholder of an S corporation as an employee of the corporation for this purpose. A 2% shareholder is someone who directly or indirectly owns (for any
day during the tax year) more than 2% of the corporation’s
stock or stock with more than 2% of the voting power.
Treat a 2% shareholder as you would a partner in a partnership for fringe benefit purposes, but don’t treat the benefit as a reduction in distributions to the 2% shareholder.
For more information, see Revenue Ruling 91-26, 1991-1
C.B. 184.
The 10-employee rule. Generally, life insurance isn’t
group-term life insurance unless you provide it at some
time during the calendar year to at least 10 full-time employees.
For this rule and the first exception discussed next,
count employees who choose not to receive the insurance
as if they do receive insurance, unless, to receive it, they
must contribute to the cost of benefits other than the
group-term life insurance. For example, count an employee who could receive insurance by paying part of the
cost, even if that employee chooses not to receive it. However, don’t count an employee who chooses not to receive
insurance if the employee must pay part or all of the cost
of permanent benefits in order to obtain group-term life insurance. A permanent benefit is an economic value extending beyond 1 policy year (for example, a paid-up or
cash-surrender value) that is provided under a life insurance policy.
Exceptions. Even if you don’t meet the 10-employee
rule, two exceptions allow you to treat insurance as
group-term life insurance.
Under the first exception, you don’t have to meet the
10-employee rule if all the following conditions are met.
1. If evidence that the employee is insurable is required,
it is limited to a medical questionnaire (completed by
the employee) that doesn’t require a physical.
2. You provide the insurance to all your full-time employees or, if the insurer requires the evidence mentioned
in (1), to all full-time employees who provide evidence
the insurer accepts.
Under the second exception, you don’t have to meet
the 10-employee rule if all the following conditions are
met.
• You provide the insurance under a common plan covering your employees and the employees of at least
one other employer who isn’t related to you.
• The insurance is restricted to, but mandatory for, all
your employees who belong to, or are represented by,
an organization (such as a union) that carries on substantial activities besides obtaining insurance.
• Evidence of whether an employee is insurable doesn’t
affect an employee’s eligibility for insurance or the
amount of insurance that employee gets.
To apply either exception, don’t consider employees
who were denied insurance for any of the following reasons.
• They were 65 or older.
• They customarily work 20 hours or less a week or 5
months or less in a calendar year.
• They haven’t been employed for the waiting period
given in the policy. This waiting period can’t be more
than 6 months.
Exclusion from wages. You can generally exclude the
cost of up to $50,000 of group-term life insurance coverage from the wages of an insured employee. You can exclude the same amount from the employee’s wages when
figuring social security and Medicare taxes. In addition,
you don’t have to withhold federal income tax or pay FUTA
tax on any group-term life insurance you provide to an employee.
Coverage over the limit. You must include in your
employee’s wages the cost of group-term life insurance
beyond $50,000 worth of coverage, reduced by the
amount the employee paid toward the insurance. Report it
as wages in boxes 1, 3, and 5 of the employee’s Form
W-2. Also, show it in box 12 with code C. The amount is
subject to social security and Medicare taxes, and you
may, at your option, withhold federal income tax.
Figure the monthly cost of the insurance to include in
the employee’s wages by multiplying the number of thousands of dollars of all insurance coverage over $50,000
(figured to the nearest $100) by the cost shown in Table 2-2. For all coverage provided within the calendar year,
use the employee’s age on the last day of the employee’s
tax year. You must prorate the cost from the table if less
than a full month of coverage is involved.
3. You figure the coverage based on either a uniform
percentage of pay or the insurer’s coverage brackets
that meet certain requirements. See Regulations section 1.79-1 for details.
Publication 15-B (2026)
15
Table 2-2. Cost Per $1,000 of Protection for
1 Month
Age
Cost
Under 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.05
25 through 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.06
30 through 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.08
35 through 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.09
40 through 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.10
45 through 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.15
50 through 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.23
55 through 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.43
60 through 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.66
65 through 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.27
70 and older . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.06
You figure the total cost to include in the employee’s
wages by multiplying the monthly cost by the number of
months’ coverage at that cost.
Example.
Tom’s employer provides Tom with
group-term life insurance coverage of $200,000. Tom is 45
years old, isn’t a key employee, and pays $100 per year
toward the cost of the insurance. Tom’s employer must include $170 in Tom’s wages. The $200,000 of insurance
coverage is reduced by $50,000. The yearly cost of
$150,000 of coverage is $270 ($0.15 x 150 x 12), and is
reduced by the $100 Tom pays for the insurance. The employer includes $170 in boxes 1, 3, and 5 of Tom’s Form
W-2. The employer also enters $170 in box 12 with code
C.
Coverage for dependents. Group-term life insurance
coverage paid by the employer for the spouse or dependents of an employee may be excludable from income as a
de minimis fringe benefit if the face amount isn’t more than
$2,000. If the face amount is greater than $2,000, the dependent coverage may be excludable from income as a
de minimis fringe benefit if the excess (if any) of the cost of
insurance over the amount the employee paid for it on an
after-tax basis is so small that accounting for it is unreasonable or administratively impracticable.
Former employees. When group-term life insurance
over $50,000 is provided to an employee (including retirees) after their termination, the employee share of social
security and Medicare taxes on that period of coverage is
paid by the former employee with their tax return and isn’t
collected by the employer. You’re not required to collect
those taxes. You must, however, pay the employer share
of social security and Medicare taxes. Use Table 2-2 to
determine the amount of additional income that is subject
to social security and Medicare taxes for coverage provided after separation from service. Report the uncollected
amounts separately in box 12 of Form W-2 using codes M
and N. See the General Instructions for Forms W-2 and
W-3 and the instructions for your employment tax return.
Exception for key employees. Generally, if your
group-term life insurance plan favors key employees as to
participation or benefits, you must include the entire cost
of the insurance in your key employees’ wages. This exception generally doesn’t apply to church plans. When figuring social security and Medicare taxes, you must also
16
include the entire cost in the employees’ wages. Include
the cost in boxes 1, 3, and 5 of Form W-2. However, you
don’t have to withhold federal income tax or pay FUTA tax
on the cost of any group-term life insurance you provide to
an employee.
For this purpose, the cost of the insurance is the
greater of the following amounts.
• The premiums you pay for the employee’s insurance.
See Regulations section 1.79-4T(Q&A 6) for more information.
• The cost you figure using Table 2-2.
For this exclusion, a key employee during 2026 is an
employee or former employee who is one of the following
individuals. See section 416(i) of the Internal Revenue
Code for more information.
1. An officer having annual pay of more than $235,000.
2. An individual who for 2026 is either of the following.
a. A 5% owner of your business.
b. A 1% owner of your business whose annual pay is
more than $150,000.
A former employee who was a key employee upon retirement or separation from service is also a key employee.
Your plan doesn’t favor key employees as to participation if at least one of the following is true.
• It benefits at least 70% of your employees.
• At least 85% of the participating employees aren’t key
employees.
• It benefits employees who qualify under a set of rules
you set up that don’t favor key employees.
Your plan meets this participation test if it is part of a
cafeteria plan (discussed earlier in section 1) and it meets
the participation test for those plans.
When applying this test, don’t consider employees
who:
• Have not completed 3 years of service;
• Are part time or seasonal;
• Are nonresident aliens who receive no U.S. source
earned income from you; or
• Aren’t included in the plan but are in a unit of employ-
ees covered by a collective bargaining agreement, if
the benefits provided under the plan were the subject
of good-faith bargaining between you and employee
representatives.
Your plan doesn’t favor key employees as to benefits if
all benefits available to participating key employees are
also available to all other participating employees. Your
plan doesn’t favor key employees just because the
amount of insurance you provide to your employees is uniformly related to their pay.
S corporation shareholders. Because you can’t
treat a 2% shareholder of an S corporation as an employee for this exclusion, you must include the cost of all
group-term life insurance coverage you provide the 2%
Publication 15-B (2026)
shareholder in their wages. When figuring social security
and Medicare taxes, you must also include the cost of this
coverage in the 2% shareholder’s wages. Include the cost
in boxes 1, 3, and 5 of Form W-2. However, you don’t have
to withhold federal income tax or pay FUTA tax on the cost
of any group-term life insurance coverage you provide to
the 2% shareholder.
Health Savings Accounts (HSAs)
An HSA is an account owned by a qualified individual who
is generally your employee or former employee. Any contributions that you make to an HSA become the employee’s property and can’t be withdrawn by you. Contributions to the account are used to pay current or future
medical expenses of the account owner, their spouse, and
any qualified dependent. The medical expenses must not
be reimbursable by insurance or other sources and their
payment from HSA funds (distribution) won’t give rise to a
medical expense deduction on the individual’s federal income tax return.
Eligibility. A qualified individual must be covered by a
High Deductible Health Plan (HDHP) and not be covered
by other health insurance except for permitted insurance
listed under section 223(c)(3) or insurance for accidents,
disability, dental care, vision care, long-term care, or telehealth and other remote care. For calendar year 2026, a
qualifying HDHP must have a deductible of at least $1,700
for self-only coverage or $3,400 for family coverage and
must limit annual out-of-pocket expenses of the beneficiary to $8,500 for self-only coverage and $17,000 for
family coverage.
There are no income limits that restrict an individual’s
eligibility to contribute to an HSA nor is there a requirement that the account owner have earned income to make
a contribution.
Exceptions. An individual isn’t a qualified individual if
they can be claimed as a dependent on another person’s
tax return. Also, an employee’s participation in a health
FSA or HRA generally disqualifies the individual (and employer) from making contributions to their HSA. However,
an individual may qualify to participate in an HSA if they
are participating in only a limited-purpose FSA or HRA or
a post-deductible FSA. For more information, see Other
employee health plans in Pub. 969.
Employer contributions. Up to specified dollar limits,
cash contributions to the HSA of a qualified individual (determined monthly) are exempt from federal income tax
withholding, social security tax, Medicare tax, and FUTA
tax if you reasonably believe that the employee can exclude the benefits from gross income. For 2026, you can
contribute up to $4,400 for self-only coverage under an
HDHP or $8,750 for family coverage under an HDHP to a
qualified individual’s HSA.
The contribution amounts listed above are increased by
$1,000 for a qualified individual who is age 55 or older at
any time during the year. For two qualified individuals who
are married to each other and who are each age 55 or
older at any time during the year, each spouse’s
Publication 15-B (2026)
contribution limit is increased by $1,000, provided each
spouse has a separate HSA. No contributions can be
made to an individual’s HSA after they become enrolled in
Medicare Part A or Part B.
Nondiscrimination rules. Your contribution amount to
an employee’s HSA must be comparable for all employees
who have comparable coverage during the same period.
Otherwise, there will be an excise tax equal to 35% of the
amount you contributed to all employees’ HSAs.
For guidance on employer comparable contributions to
HSAs under section 4980G of the Internal Revenue Code
in instances where an employee hasn’t established an
HSA by December 31 and in instances where an employer accelerates contributions for the calendar year for
employees who have incurred qualified medical expenses,
see Regulations section 54.4980G-4.
Exception. The Tax Relief and Health Care Act of
2006 allows employers to make larger HSA contributions
for a non-highly compensated employee than for a highly
compensated employee. A highly compensated employee
for 2026 is an employee who meets either of the following
tests.
1. The employee was a 5% owner at any time during the
year or the preceding year.
2. The employee received more than $160,000 in pay for
the preceding year.
You can choose to ignore test (2) if the employee wasn’t
also in the top 20% of employees when ranked by pay for
the preceding year.
Partnerships and S corporations. Partners and 2%
shareholders of an S corporation aren’t eligible for salary
reduction (pre-tax) contributions to an HSA. Employer
contributions to the HSA of a bona fide partner or 2%
shareholder are treated as distributions or guaranteed
payments, as determined by the facts and circumstances.
For more information, see Notice 2005-8, 2005-4 I.R.B.
368, available at IRS.gov/irb/2005-04_IRB#NOT-2005-8.
Cafeteria plans. You may contribute to an employee’s
HSA using a cafeteria plan and your contributions aren’t
subject to the statutory comparability rules. However, cafeteria plan nondiscrimination rules still apply. For example,
contributions under a cafeteria plan to employee HSAs
can’t be greater for higher-paid employees than they are
for lower-paid employees. Contributions that favor
lower-paid employees aren’t prohibited.
Reporting requirements. You must report your contributions to an employee’s HSA in box 12 of Form W-2 using code W. The trustee or custodian of the HSA, generally a bank or insurance company, reports distributions
from the HSA using Form 1099-SA.
More information. For more information about HSAs,
see Pub. 969.
17
Lodging on Your Business Premises
You can exclude the value of lodging you furnish to an employee from the employee’s wages if it meets the following
tests.
• It is furnished on your business premises.
• It is furnished for your convenience.
• The employee must accept it as a condition of employment.
Different tests may apply to lodging furnished by educational institutions. See section 119(d) of the Internal Revenue Code for details.
If you allow your employee to choose to receive additional pay instead of lodging, then the lodging, if chosen,
isn’t excluded. The exclusion also doesn’t apply to cash
allowances for lodging.
On your business premises. For this exclusion, your
business premises is generally your employee’s place of
work. For example, if you’re a household employer, then
lodging furnished in your home to a household employee
would be considered lodging furnished on your business
premises. For special rules that apply to lodging furnished
in a camp located in a foreign country, see section 119(c)
of the Internal Revenue Code and its regulations.
For your convenience. Whether or not you furnish lodging for your convenience as an employer depends on all
the facts and circumstances. You furnish the lodging to
your employee for your convenience if you do this for a
substantial business reason other than to provide the employee with additional pay. This is true even if a law or an
employment contract provides that the lodging is furnished as pay. However, a written statement that the lodging is furnished for your convenience isn’t sufficient.
Condition of employment. Lodging meets this test if
you require your employees to accept the lodging because they need to live on your business premises to be
able to properly perform their duties. Examples include
employees who must be available at all times and employees who couldn’t perform their required duties without being furnished the lodging.
It doesn’t matter whether you must furnish the lodging
as pay under the terms of an employment contract or a
law fixing the terms of employment.
Example of qualifying lodging. You employ Sam at
a construction project at a remote job site in Alaska. Due
to the inaccessibility of facilities for the employees who are
working at the job site to obtain lodging and the prevailing
weather conditions, you furnish lodging to your employees
at the construction site in order to carry on the construction project. You require that your employees accept the
lodging as a condition of their employment. You may exclude the lodging that you provide from Sam’s wages. Additionally, because sufficient eating facilities aren’t available near your place of employment, you may also exclude
meals you provide to Sam from his wages, as discussed in
18
Proper meals not otherwise available under Meals on Your
Business Premises, later in this section.
Example of nonqualifying lodging. A hospital gives
Joan, an employee of the hospital, the choice of living at
the hospital free of charge or living elsewhere and receiving a cash allowance in addition to Joan’s regular salary. If
Joan chooses to live at the hospital, the hospital can’t exclude the value of the lodging from her wages because
she isn’t required to live at the hospital to properly perform
the duties of her employment.
S corporation shareholders. For this exclusion, don’t
treat a 2% shareholder of an S corporation as an employee of the corporation. A 2% shareholder is someone
who directly or indirectly owns (for any day during the tax
year) more than 2% of the corporation’s stock or stock
with more than 2% of the voting power. Treat a 2% shareholder as you would a partner in a partnership for fringe
benefit purposes, but don’t treat the benefit as a reduction
in distributions to the 2% shareholder. For more information, see Revenue Ruling 91-26, 1991-1 C.B. 184.
Meals
This section discusses the exclusion rules that apply to de
minimis meals and meals on your business premises.
De Minimis Meals
You can exclude any occasional meal you provide to an
employee if it has so little value (taking into account how
frequently you provide meals to your employees) that accounting for it would be unreasonable or administratively
impracticable. The exclusion applies, for example, to the
following items.
• Coffee, doughnuts, or soft drinks.
• Occasional meals or meal money provided to enable
an employee to work overtime. However, the exclusion
doesn’t apply to meal money figured on the basis of
hours worked (for example, $2.00 per hour for each
hour over 8 hours), or meals or meal money provided
on a regular or routine basis.
• Occasional parties or picnics for employees and their
guests.
Employee. For this exclusion, treat any recipient of a de
minimis meal as an employee.
Employer-operated eating facility for employees. The
de minimis meals exclusion also applies to meals you provide at an employer-operated eating facility for employees
if the annual revenue from the facility equals or exceeds
the direct operating costs of the facility. Direct operating
costs include the cost of food and beverages, and labor
costs (including employment taxes) of employees whose
services relating to the facility are performed primarily on
the premises of the eating facility. Therefore, for example,
the labor costs attributable to cooks and waitstaff are included in direct operating costs, but the labor cost attributable to a manager of an eating facility whose services
Publication 15-B (2026)
aren’t primarily performed on the premises of the eating
facility aren’t included in direct operating costs.
For this purpose, your revenue from providing a meal is
considered equal to the facility’s direct operating costs to
provide that meal if its value can be excluded from an employee’s wages, as explained under Meals on Your Business Premises, later. If you provide free or discounted
meals to volunteers at a hospital and you can reasonably
determine the number of meals you provide, then you may
disregard these costs and revenues. If you charge nonemployees a greater amount than employees, then you must
disregard all costs and revenues attributable to these nonemployees.
An employer-operated eating facility for employees is
an eating facility that meets all the following conditions.
• You own or lease the facility.
• You operate the facility. You’re considered to operate
the eating facility if you have a contract with another to
operate it.
• The facility is on or near your business premises.
• You provide meals (food, drinks, and related services)
at the facility during, or immediately before or after, the
employee’s workday.
Exclusion from wages. You can generally exclude the
value of de minimis meals you provide to an employee
from the employee’s wages.
Exception for highly compensated employees.
You can’t exclude from the wages of a highly compensated employee the value of a meal provided at an employer-operated eating facility that isn’t available on the
same terms to one of the following groups.
• All of your employees.
• A group of employees defined under a reasonable
classification you set up that doesn’t favor highly compensated employees.
For this exclusion, a highly compensated employee for
2026 is an employee who meets either of the following
tests.
1. The employee was a 5% owner at any time during the
year or the preceding year.
2. The employee received more than $160,000 in pay for
the preceding year.
You can choose to ignore test (2) if the employee wasn’t
also in the top 20% of employees when ranked by pay for
the preceding year.
Section 13304 of P.L. 115-97 changed the rules for the
deduction of food or beverage expenses that are excludable from employee income as a de minimis fringe benefit.
This provision temporarily allowed a 50% deduction for de
minimis meals for tax years 2018 through 2025. For
amounts incurred or paid after 2025, the employer can no
longer deduct expenses associated with providing food
and beverages to employees through an eating facility that
meets the requirements for de minimis fringe benefits or
for the convenience of the employer. P.L. 119-21 created
Publication 15-B (2026)
specific, limited exceptions for certain industries and for
meals provided by restaurants. For more information, see
section 274(o).
Food or beverage expenses related to employee recreation, such as holiday parties or annual picnics, remain
100% deductible when made primarily for the benefit of
your employees other than employees who are officers,
shareholders or other owners who own a 10% or greater
interest in your business, or other highly compensated
employees. While your business deduction may be limited
or eliminated, the fringe benefit exclusion rules still apply
and the de minimis fringe benefits may be excluded from
your employee’s wages, as discussed earlier. For more information, see Regulations section 1.274-12.
Meals on Your Business Premises
You can exclude the value of meals you furnish to an employee from the employee’s wages if they meet the following tests.
• They are furnished on your business premises.
• They are furnished for your convenience.
If you allow your employee to choose to receive additional pay instead of meals, then the meals, if chosen,
aren’t excluded. The exclusion also doesn’t apply to cash
allowances for meals.
On your business premises. Generally, for this exclusion, the employee’s place of work is your business premises.
For your convenience. Whether you furnish meals for
your convenience as an employer depends on all the facts
and circumstances. You furnish the meals to your employee for your convenience if you do this for a substantial
business reason other than to provide the employee with
additional pay. This is true even if a law or an employment
contract provides that the meals are furnished as pay.
However, a written statement that the meals are furnished
for your convenience isn’t sufficient.
Meals excluded for all employees if excluded for
more than half. If more than half of your employees who
are furnished meals on your business premises are furnished the meals for your convenience, you can treat all
meals you furnish to employees on your business premises as furnished for your convenience.
Food service employees. Meals you furnish to a restaurant or other food service employee during, or immediately before or after, the employee’s working hours are furnished for your convenience. For example, if a waitstaff
works during the breakfast and lunch periods, you can exclude from their wages the value of the breakfast and
lunch you furnish in your restaurant for each day they
work.
Caution: The temporary 100% deduction for expenses
that were paid or incurred after 2020, and before 2023, for
food or beverage expenses provided by a restaurant has
expired. For amounts incurred or paid after 2025, the
19
employer can no longer deduct expenses associated with
providing food and beverages to employees through an
eating facility that meets the requirements for de minimis
fringe benefits or for the convenience of the employer. P.L.
119-21 created specific, limited exceptions for certain industries and for meals provided by restaurants. For more
information, see section 274(o). While your business deduction may be limited or eliminated, the fringe benefit exclusion rules still apply, as described under De Minimis
Meals and Meals on Your Business Premises, earlier.
Example. You operate a restaurant business. You furnish your employee, Carol, who is a server working 7 a.m.
to 4 p.m., two meals during each workday. You encourage
but don’t require Carol to have breakfast on the business
premises before starting work. Carol must have lunch on
the premises. Because Carol is a food service employee
and works during the normal breakfast and lunch periods,
you can exclude from her wages the value of her breakfast
and lunch.
If you also allow Carol to have meals on your business
premises without charge on Carol’s days off, you can’t exclude the value of those meals from Carol’s wages.
Employees available for emergency calls. Meals
you furnish during working hours so an employee will be
available for emergency calls during the meal period are
furnished for your convenience. You must be able to show
these emergency calls have occurred or can reasonably
be expected to occur, and that the calls have resulted, or
will result, in you calling on your employees to perform
their jobs during their meal period.
Example. A hospital maintains a cafeteria on its premises where all of its 230 employees may get meals at no
charge during their working hours. The hospital must have
120 of its employees available for emergencies. Each of
these 120 employees is, at times, called upon to perform
services during the meal period. Although the hospital
doesn’t require these employees to remain on the premises, they rarely leave the hospital during their meal period. Because the hospital furnishes meals on its premises
to its employees so that more than half of them are available for emergency calls during meal periods, the hospital
can exclude the value of these meals from the wages of all
of its employees.
Short meal periods. Meals you furnish during working hours are furnished for your convenience if the nature
of your business (not merely a preference) restricts an employee to a short meal period (such as 30 or 45 minutes)
and the employee can’t be expected to eat elsewhere in
such a short time. For example, meals can qualify for this
treatment if your peak workload occurs during the normal
lunch hour. However, they don’t qualify if the reason for the
short meal period is to allow the employee to leave earlier
in the day.
Example. Frank is a bank teller who works from 9
a.m. to 5 p.m. The bank furnishes Frank’s lunch without
charge in a cafeteria the bank maintains on its premises.
The bank furnishes these meals to Frank to limit his lunch
period to 30 minutes because the bank’s peak workload
20
occurs during the normal lunch period. If Frank got lunch
elsewhere, it would take him much longer than 30 minutes
and the bank strictly enforces the time limit. The bank can
exclude the value of these meals from Frank’s wages.
Proper meals not otherwise available. Meals you
furnish during working hours are furnished for your convenience if the employee couldn’t otherwise get proper
meals within a reasonable period of time. For example,
meals can qualify for this treatment if there are insufficient
eating facilities near the place of employment. For an example of this, see Example of qualifying lodging, earlier in
this section.
Meals after work hours. Generally, meals furnished
before or after the working hours of an employee aren’t
considered as furnished for your convenience. However,
meals you furnish to an employee immediately after working hours are furnished for your convenience if you would
have furnished them during working hours for a substantial nonpay business reason but, because of the work duties, they weren’t obtained during working hours.
Meals you furnish to promote goodwill, boost morale, or attract prospective employees. Meals you furnish to promote goodwill, boost morale, or attract prospective employees aren’t considered furnished for your
convenience. However, you may be able to exclude their
value, as discussed under De Minimis Meals, earlier.
Meals furnished on nonworkdays or with lodging.
You generally can’t exclude from an employee’s wages the
value of meals you furnish on a day when the employee
isn’t working. However, you can exclude these meals if
they are furnished with lodging that is excluded from the
employee’s wages. See Lodging on Your Business Premises, earlier in this section.
Meals with a charge. The fact that you charge for the
meals and that your employees may accept or decline the
meals isn’t taken into account in determining whether or
not meals are furnished for your convenience.
S corporation shareholders. For this exclusion, don’t
treat a 2% shareholder of an S corporation as an employee of the corporation. A 2% shareholder is someone
who directly or indirectly owns (for any day during the tax
year) more than 2% of the corporation’s stock or stock
with more than 2% of the voting power. Treat a 2% shareholder as you would a partner in a partnership for fringe
benefit purposes, but don’t treat the benefit as a reduction
in distributions to the 2% shareholder. For more information, see Revenue Ruling 91-26, 1991-1 C.B. 184.
No-Additional-Cost Services
This exclusion applies to a service you provide to an employee if it doesn’t cause you to incur any substantial additional costs. The service must be offered to customers in
the ordinary course of the line of business in which the
employee performs substantial services.
No-additional-cost services are excess capacity services, such as airline, bus, or train tickets; hotel rooms; or
Publication 15-B (2026)
telephone services provided free, at a reduced price, or
through a cash rebate to employees working in those lines
of business. Services that aren’t eligible for treatment as
no-additional-cost services are non-excess capacity services, such as the facilitation by a stock brokerage firm of
the purchase of stock by employees. These services may,
however, be eligible for a qualified employee discount of
up to 20% of the value of the service provided. See Employee Discounts, earlier.
Substantial additional costs. To determine whether
you incur substantial additional costs to provide a service
to an employee, count any lost revenue as a cost. Don’t
reduce the costs you incur by any amount the employee
pays for the service. You’re considered to incur substantial
additional costs if you or your employees spend a substantial amount of time in providing the service, even if the
time spent would otherwise be idle or if the services are
provided outside normal business hours.
Example. A commercial airline allows its employees
to take personal flights on the airline at no charge and receive reserved seating. Because the employer gives up
potential revenue by allowing the employees to reserve
seats, employees receiving such free flights aren’t eligible
for the no-additional-cost exclusion.
Reciprocal agreements. A no-additional-cost service
provided to your employee by an unrelated employer may
qualify as a no-additional-cost service if all the following
tests are met.
• The service is the same type of service generally provided to customers in both the line of business in
which the employee works and the line of business in
which the service is provided.
• You and the employer providing the service have a
written reciprocal agreement under which a group of
employees of each employer, all of whom perform
substantial services in the same line of business, may
receive no-additional-cost services from the other employer.
• Neither you nor the other employer incurs any sub-
stantial additional cost (including lost revenue) either
in providing the service or because of the written
agreement.
Employee. For this exclusion, treat the following individuals as employees.
1. A current employee.
2. A former employee who retired or left on disability.
3. A surviving spouse of an individual who died while an
employee.
4. A surviving spouse of a former employee who retired
or left on disability.
5. A leased employee who has provided services to you
on a substantially full-time basis for at least a year if
the services are performed under your primary direction or control.
Publication 15-B (2026)
6. A partner who performs services for a partnership.
Treat services you provide to the spouse or dependent
child of an employee as provided to the employee. For this
fringe benefit, dependent child is a child or stepchild who
is the employee’s dependent or who, if both parents are
deceased, hasn’t reached the age of 25. Treat a child of
divorced parents as a dependent of both parents.
Treat any use of air transportation by the parent of an
employee as use by the employee. This rule doesn’t apply
to use by the parent of a person considered an employee
because of item (3) or (4) above.
Exclusion from wages. You can generally exclude the
value of a no-additional-cost service you provide to an
employee from the employee’s wages.
Exception for highly compensated employees.
You can’t exclude from the wages of a highly compensated employee the value of a no-additional-cost service
that isn’t available on the same terms to one of the following groups.
• All of your employees.
• A group of employees defined under a reasonable
classification you set up that doesn’t favor highly compensated employees.
For this exclusion, a highly compensated employee for
2026 is an employee who meets either of the following
tests.
1. The employee was a 5% owner at any time during the
year or the preceding year.
2. The employee received more than $160,000 in pay for
the preceding year.
You can choose to ignore test (2) if the employee wasn’t
also in the top 20% of employees when ranked by pay for
the preceding year.
Retirement Planning Services
You may exclude from an employee’s wages the value of
any retirement planning advice or information you provide
to your employee or their spouse if you maintain a qualified retirement plan. A qualified retirement plan includes a
plan, contract, pension, or account described in section
219(g)(5) of the Internal Revenue Code. In addition to employer plan advice and information, the services provided
may include general advice and information on retirement.
However, the exclusion doesn’t apply to services for tax
preparation, accounting, legal, or brokerage services. You
can’t exclude from the wages of a highly compensated
employee retirement planning services that aren’t available on the same terms to each member of a group of employees normally provided education and information
about the employer’s qualified retirement plan.
Transportation (Commuting) Benefits
This section discusses exclusion rules that apply to benefits you provide to your employees for their personal
21
transportation, such as commuting to and from work.
These rules apply to the following transportation benefits.
• De minimis transportation benefits.
• Qualified transportation benefits.
Special rules that apply to demonstrator cars and qualified
nonpersonal use vehicles are discussed under Working
Condition Benefits, later in this section.
De Minimis Transportation Benefits
You can exclude the value of any de minimis transportation benefit you provide to an employee from the employee’s wages. A de minimis transportation benefit is any local transportation benefit you provide to an employee if it
has so little value (taking into account how frequently you
provide transportation to your employees) that accounting
for it would be unreasonable or administratively impracticable. For example, it applies to occasional local transportation fare you give an employee because the employee is
working overtime if the benefit is reasonable and isn’t
based on hours worked. Local transportation fare provided
on a regular or routine basis doesn’t qualify for this exclusion.
A special rule allows you to exclude as a de minimis
benefit public transit passes, tokens, or farecards you provide at a discount to defray your employee’s commuting
costs on the public transit system if the discount doesn’t
exceed $21 in any month. Similarly, you may also provide
a voucher or similar instrument that is exchangeable
solely for tokens, farecards, or other instruments that enable your employee to use the public transit system if the
value of the vouchers and other instruments in any month
doesn’t exceed $21. You may also reimburse your employee to cover the cost of commuting on a public transit
system, provided your employee doesn’t receive more
than $21 in reimbursements for commuting costs in any
month. The reimbursement must be made under a bona
fide reimbursement arrangement, where you establish appropriate procedures for verifying on a periodic basis that
your employee’s use of public transportation for commuting is consistent with the value of the benefit provided.
The exclusion doesn’t apply to the provision of any benefit
to defray public transit expenses incurred for personal
travel other than commuting.
Employee. For this exclusion, treat any recipient of a de
minimis transportation benefit as an employee.
Qualified Transportation Benefits
This exclusion applies to the following benefits.
• A ride in a commuter highway vehicle between the
employee’s home and work place.
• A transit pass.
• Qualified parking.
You may provide an employee with any one or more of
these benefits at the same time.
22
Qualified transportation benefits can be provided directly by you or through a bona fide reimbursement arrangement. A bona fide reimbursement arrangement requires that the employee incur and substantiate expenses
for qualified transportation benefits before reimbursement.
However, cash reimbursements for transit passes qualify
only if a voucher or a similar item that the employee can
exchange only for a transit pass isn’t readily available for
direct distribution by you to your employee. A voucher is
readily available for direct distribution only if an employer
can obtain it from a voucher provider that doesn’t impose
fare media charges or other restrictions that effectively
prevent the employer from obtaining vouchers. See Regulations section 1.132-9(b)(Q&A 16–19) for more information.
Compensation reduction agreements. A compensation reduction agreement is a way to provide qualified
transportation benefits on a pre-tax basis by offering your
employees a choice between cash compensation and any
qualified transportation benefit. A compensation reduction
arrangement can be used with a bona fide reimbursement
arrangement. For each month, the amount of the compensation reduction can’t exceed the monthly limits for transportation benefits described under Exclusion from wages,
later. For more information about providing qualified transportation fringe benefits under a compensation reduction
agreement, see Regulations section 1.132-9(b)(Q&A 11–
15).
Commuter highway vehicle. A commuter highway vehicle is any highway vehicle that seats at least six adults
(not including the driver). In addition, you must reasonably
expect that at least 80% of the vehicle mileage will be for
transporting employees between their homes and workplace with employees occupying at least one-half the vehicle’s seats (not including the driver’s).
Transit pass. A transit pass is any pass, token, farecard,
voucher, or similar item entitling a person to ride, free of
charge or at a reduced rate, on one of the following.
• Mass transit.
• In a vehicle that seats at least six adults (not including
the driver) if a person in the business of transporting
persons for pay or hire operates it.
Mass transit may be publicly or privately operated and includes bus, rail, or ferry. For guidance on the use of smart
cards and debit cards to provide qualified transportation
fringes, see Revenue Ruling 2014-32, 2014-50 I.R.B. 917,
available at IRS.gov/irb/2014-50_IRB#RR-2014-32.
Qualified parking. Qualified parking is parking you provide to your employees on or near your business premises. It includes parking on or near the location from which
your employees commute to work using mass transit,
commuter highway vehicles, or carpools. It doesn’t include
parking at or near your employee’s home.
Qualified bicycle commuting reimbursement eliminated. Section 11047 of P.L. 115-97 suspended the exclusion of qualified bicycle commuting reimbursements from
Publication 15-B (2026)
your employee’s income for any tax year beginning after
2017 and before 2026. For tax years beginning after 2025,
P.L. 119-21 permanently eliminates the exclusion of qualified bicycle commuting reimbursements from your employee’s income.
Employee. For this exclusion, treat the following individuals as employees.
• A current employee.
• A leased employee who has provided services to you
on a substantially full-time basis for at least a year if
the services are performed under your primary direction or control.
A self-employed individual isn’t an employee for qualified transportation benefit purposes.
Exception for S corporation shareholders. Don’t
treat a 2% shareholder of an S corporation as an employee of the corporation for this purpose. A 2% shareholder is someone who directly or indirectly owns (for any
day during the tax year) more than 2% of the corporation’s
stock or stock with more than 2% of the voting power.
Treat a 2% shareholder as you would a partner in a partnership for fringe benefit purposes, but don’t treat the benefit as a reduction in distributions to the 2% shareholder.
For more information, see Revenue Ruling 91-26, 1991-1
C.B. 184.
Relation to other fringe benefits. You can’t exclude a
qualified transportation benefit you provide to an employee under the de minimis or working condition benefit
rules. However, if you provide a local transportation benefit
other than by transit pass or commuter highway vehicle, or
to a person other than an employee, you may be able to
exclude all or part of the benefit under other fringe benefit
rules (de minimis, working condition, etc.).
Exclusion from wages. You can generally exclude the
value of transportation benefits that you provide to an employee during 2026 from the employee’s wages up to the
following limits.
• $340 per month for combined commuter highway vehicle transportation and transit passes.
• $340 per month for qualified parking.
Benefits more than the limit. If the value of a benefit
for any month is more than its limit, include in the employee’s wages the amount over the limit minus any amount
the employee paid for the benefit. You can’t exclude the
excess from the employee’s wages as a de minimis transportation benefit.
Qualified transportation benefits aren’t deductible.
Sections 274(a)(4) and 274(l) of the Internal Revenue
Code provide that no deduction is allowed for qualified
transportation benefits (whether provided directly by you,
through a bona fide reimbursement arrangement, or
through a compensation reduction agreement) incurred or
paid after 2017. Also, no deduction is allowed for any expense incurred for providing any transportation, or any
Publication 15-B (2026)
payment or reimbursement to your employee, in connection with travel between your employee’s residence and
place of employment, except as necessary for ensuring
the safety of your employee. While you may no longer deduct payments for qualified transportation benefits, the
fringe benefit exclusion rules still apply and the payments
may be excluded from your employee’s wages, as discussed earlier. Although the value of a qualified transportation fringe benefit is relevant in determining the fringe
benefit exclusion and whether the section 274(e)(2) exception for expenses treated as compensation applies,
the deduction that is disallowed relates to the expense of
providing a qualified transportation fringe, not its value.
For more information, see Regulations sections 1.274-13
and 1.274-14.
More information. For more information on qualified
transportation benefits, including van pools, and how to
determine the value of parking, see Regulations section
1.132-9.
Tuition Reduction
An eligible educational institution can exclude the value of
a qualified tuition reduction it provides to an employee
from the employee’s wages.
A tuition reduction for undergraduate education generally qualifies for this exclusion if it is for the education of
one of the following individuals.
1. A current employee.
2. A former employee who retired or left on disability.
3. A surviving spouse of an individual who died while an
employee.
4. A surviving spouse of a former employee who retired
or left on disability.
5. A dependent child or spouse of any individual listed in
(1) through (4) above.
A tuition reduction for graduate education qualifies for
this exclusion only if it is for the education of a graduate
student who performs teaching or research activities for
the eligible educational institution.
For more information on this exclusion, see Qualified
Tuition Reduction under Other Types of Educational Assistance in chapter 1 of Pub. 970.
Working Condition Benefits
This exclusion applies to property and services you provide to an employee so that the employee can perform
their job. It applies to the extent the cost of the property or
services would be allowable as a business expense or depreciation expense deduction to the employee if they had
paid for it. The employee must meet any substantiation requirements that apply to the deduction. Examples of working condition benefits include an employee’s use of a
company car for business, an employer-provided cell
phone provided primarily for noncompensatory business
23
purposes (discussed earlier), and job-related education
provided to an employee.
This exclusion also applies to a cash payment you provide for an employee’s expenses for a specific or prearranged business activity if such expenses would otherwise be allowable as a business expense or depreciation
expense deduction to the employee. You must require the
employee to verify that the payment is actually used for
those expenses and to return any unused part of the payment.
The exclusion doesn’t apply to the following items.
• A service or property provided under a FSA in which
you agree to provide the employee, over a time period,
a certain level of unspecified noncash benefits with a
predetermined cash value.
• A physical examination program you provide, even if
mandatory.
• Any item to the extent the payment would be allowable
as a deduction to the employee as an expense for a
trade or business other than your trade or business.
For more information, see Regulations section
1.132-5(a)(2).
Employee. For this exclusion, treat the following individuals as employees.
• A current employee.
• A partner who performs services for a partnership.
• A director of your company.
• An independent contractor who performs services for
you.
Vehicle allocation rules. If you provide a car for an employee’s use, the amount you can exclude as a working
condition benefit is the amount that would be allowable as
a deductible business expense if the employee paid for its
use. If the employee uses the car for both business and
personal use, the value of the working condition benefit is
the part determined to be for business use of the vehicle.
See Business use of your car next. Also, see the special
rules for certain demonstrator cars and qualified nonpersonal use vehicles, discussed later.
Business use of your car. If you use your car exclusively in your business, you can deduct car expenses. If
you use your car for both business and personal purposes, you must divide your expenses based on actual mileage. Generally, commuting expenses between your home
and your business location, within the area of your tax
home, are not deductible.
You can deduct actual car expenses, which include depreciation (or lease payments), gas and oil, tires, repairs,
tune-ups, insurance, and registration fees. Or, instead of
figuring the business part of these actual expenses, you
may be able to use the standard mileage rate to figure
your deduction. To find the standard mileage rate for 2026
and prior years, go to IRS.gov/Tax-Professionals/
Standard-Mileage-Rates.
24
If you are self-employed, you can also deduct the business part of interest on your car loan, state and local personal property tax on the car, parking fees, and tolls,
whether or not you claim the standard mileage rate.
For more information on car expenses and the rules for
using the standard mileage rate, see Pub. 463.
Demonstrator cars. Generally, all of the use of a demonstrator car by your full-time auto salesperson in the sales
area in which your sales office is located qualifies as a
working condition benefit if the use is primarily to facilitate
the services the salesperson provides for you and there
are substantial restrictions on personal use. For more information and the definition of “full-time auto salesperson,”
see Regulations section 1.132-5(o). For optional, simplified methods used to determine if full, partial, or no exclusion of income to the employee for personal use of a demonstrator car applies, see Revenue Procedure 2001-56.
You can find Revenue Procedure 2001-56 on page 590 of
Internal Revenue Bulletin 2001-51 at
IRS.gov/pub/irs-irbs/irb01-51.pdf.
Qualified nonpersonal use vehicles. All of an employee’s use of a qualified nonpersonal use vehicle is a working condition benefit. A qualified nonpersonal use vehicle
is any vehicle the employee isn’t likely to use more than
minimally for personal purposes because of its design.
Qualified nonpersonal use vehicles generally include all of
the following vehicles.
• Clearly marked, through painted insignia or words, police, fire, and public safety vehicles, provided that any
personal use of the vehicle (other than commuting) is
prohibited by the governmental unit.
• Unmarked vehicles used by law enforcement officers if
the use is officially authorized. Any personal use must
be authorized by the employer, and must be related to
law-enforcement functions, such as being able to report directly from home to an emergency situation.
Use of an unmarked vehicle for vacation or recreation
trips can’t qualify as an authorized use.
• An ambulance or hearse used for its specific purpose.
• Any vehicle designed to carry cargo with a loaded
gross vehicle weight over 14,000 pounds.
• Delivery trucks with seating for the driver only, or the
driver plus a folding jump seat.
• A passenger bus with a capacity of at least 20 pas-
sengers used for its specific purpose and school
buses. The working condition benefit is available only
for the driver, not for any passengers.
• Tractors and other special-purpose farm vehicles.
• Bucket trucks, cement mixers, combines, cranes and
derricks, dump trucks (including garbage trucks), flatbed trucks, forklifts, qualified moving vans, qualified
specialized utility repair trucks, and refrigerated trucks.
See Regulations section 1.274-5(k) for the definitions of
“qualified moving van” and “qualified specialized utility repair truck.”
Publication 15-B (2026)
Pickup trucks. A pickup truck with a loaded gross vehicle weight of 14,000 pounds or less is a qualified nonpersonal use vehicle if it has been specially modified so it
isn’t likely to be used more than minimally for personal
purposes. For example, a pickup truck qualifies if it is
clearly marked with permanently affixed decals, special
painting, or other advertising associated with your trade,
business, or function and meets either of the following requirements.
1. It is equipped with at least one of the following items.
a. A hydraulic lift gate.
b. Permanent tanks or drums.
c. Permanent side boards or panels that materially
raise the level of the sides of the truck bed.
d. Other heavy equipment (such as an electric generator, welder, boom, or crane used to tow automobiles and other vehicles).
2. It is used primarily to transport a particular type of
load (other than over the public highways) in a construction, manufacturing, processing, farming, mining,
drilling, timbering, or other similar operation for which
it was specially designed or significantly modified.
Vans. A van with a loaded gross vehicle weight of
14,000 pounds or less is a qualified nonpersonal use vehicle if it has been specially modified so it isn’t likely to be
used more than minimally for personal purposes. For example, a van qualifies if it is clearly marked with permanently affixed decals, special painting, or other advertising
associated with your trade, business, or function and has
a seat for the driver only (or the driver and one other person) and either of the following items.
• Permanent shelving that fills most of the cargo area.
• An open cargo area and the van always carries merchandise, material, or equipment used in your trade,
business, or function.
Education. Certain job-related education you provide to
an employee may qualify for exclusion as a working condition benefit. To qualify, the education must meet the same
requirements that would apply for determining whether the
employee could deduct the expenses had the employee
paid the expenses. Degree programs as a whole don’t
necessarily qualify as a working condition benefit. Each
course in the program must be evaluated individually for
qualification as a working condition benefit. The education
must meet at least one of the following tests.
• The education is required by the employer or by law
for the employee to keep their present salary, status,
or job. The required education must serve a bona fide
business purpose of the employer.
• The education maintains or improves skills needed in
the job.
• Is part of a program of study that will qualify the employee for a new trade or business.
Outplacement services. An employee’s use of outplacement services qualifies as a working condition benefit if you provide the services to the employee on the basis
of need, you get a substantial business benefit from the
services distinct from the benefit you would get from the
payment of additional wages, and the employee is seeking new employment in the same kind of trade or business
in which the employee is presently working. Substantial
business benefits include promoting a positive business
image, maintaining employee morale, and avoiding
wrongful termination suits.
Outplacement services don’t qualify as a working condition benefit if the employee can choose to receive cash
or taxable benefits in place of the services. If you maintain
a severance plan and permit employees to get outplacement services with reduced severance pay, include in the
employee’s wages the difference between the unreduced
severance and the reduced severance payments.
Product testing. The FMV of the use of consumer
goods, which are manufactured for sale to nonemployees,
for product testing and evaluation by your employee outside your workplace, qualifies as a working condition benefit if all of the following conditions are met.
• Consumer testing and evaluation of the product is an
ordinary and necessary business expense for you.
• Business reasons necessitate that the testing and
evaluation must be performed off your business premises. For example, the testing and evaluation can’t be
carried out adequately in your office or in laboratory
testing facilities.
• You provide the product to your employee for purposes of testing and evaluation.
• You provide the product to your employee for no lon-
ger than necessary to test and evaluate its performance, and (to the extent not finished) the product must
be returned to you at completion of the testing and
evaluation period.
• You impose limitations on your employee’s use of the
product that significantly reduce the value of any personal benefit to your employee. This includes limiting
your employee’s ability to select among different models or varieties of the consumer product, and prohibiting the use of the product by persons other than your
employee.
• Your employee submits detailed reports to you on the
testing and evaluation.
The program won’t qualify if you don’t use and examine
the results of the detailed reports submitted by employees
within a reasonable period of time after expiration of the
testing period. Additionally, existence of one or more of
However, even if the education meets one or both of
the above tests, it isn’t qualifying education if it:
• Is needed to meet the minimum educational require-
ments of the employee’s present trade or business, or
Publication 15-B (2026)
25
the following factors may also establish that the program
isn’t a bona fide product-testing program.
• The program is in essence a leasing program under
which employees lease the consumer goods from you
for a fee.
• The nature of the product and other considerations
are insufficient to justify the testing program.
• The expense of the program outweighs the benefits to
be gained from testing and evaluation.
The program must also not be limited to only certain
classes of employees (such as highly compensated employees), unless you can show a business reason for providing the products only to specific employees. For example, an automobile manufacturer may limit providing
automobiles for testing and evaluation to only their design
engineers and supervisory mechanics, as they can properly evaluate the automobiles.
Exclusion from wages. You can generally exclude the
value of a working condition benefit you provide to an employee from the employee’s wages.
Exception for independent contractors who perform services for you. You can’t exclude the use of
consumer goods you provide in a product-testing program
from the compensation you pay to an independent contractor. You can’t exclude the value of parking as a working
condition benefit, but you may be able to exclude it as a
de minimis fringe benefit. Transit passes provided to independent contractors may be excluded as a working condition benefit if they meet the requirements of a working
condition benefit described earlier. However, personal
commuting expenses aren’t deductible as a business expense. Transit passes may also be excluded as a de minimis fringe benefit. For more information on de minimis
transportation benefits, see De Minimis Transportation
Benefits, earlier in this section.
Exception for company directors. You can’t exclude
the value of the use of consumer goods you provide in a
product-testing program from the compensation you pay
to a director.
3. Fringe Benefit Valuation
Rules
This section discusses the rules you must use to determine the value of a fringe benefit you provide to an employee. You must determine the value of any benefit you
can’t exclude under the rules in section 2 or for which the
amount you can exclude is limited. See Including taxable
benefits in pay in section 1.
In most cases, you must use the general valuation rule
to value a fringe benefit. However, you may be able to use
a special valuation rule to determine the value of certain
benefits.
This section doesn’t discuss the special valuation rule
used to value meals provided at an employer-operated
26
eating facility for employees. For that rule, see Regulations
section 1.61-21(j).
General Valuation Rule
You must use the general valuation rule to determine the
value of most fringe benefits. Under this rule, the value of
a fringe benefit is its FMV.
FMV. The FMV of a fringe benefit is the amount an employee would have to pay a third party in an arm’s-length
transaction to buy or lease the benefit. Determine this
amount on the basis of all the facts and circumstances.
Neither the amount the employee considers to be the
value of the fringe benefit nor the cost you incur to provide
the benefit determines its FMV.
Business aircraft. Personal use of a company aircraft
by an employee or their guests is a taxable fringe benefit.
The term “employee” includes any person performing
services in connection with which the fringe benefit flight
was provided, and may include, for example, a partner, director, or independent contractor. The employee, not the
guest, will be subject to a non-cash fringe benefit inclusion, typically as part of their W-2 wages for an employee,
a guaranteed payment on Schedule K-1 (Form 1065) for a
partner in a partnership, or Form 1099-NEC for any other
nonemployee arrangement.
There are two methods for valuing personal flights on
company aircraft.
1. Fair Charter Value (FCV)—This is the hourly rate that
would be paid to charter a similar piloted aircraft from
an unrelated party.
2. Standard Industry Fare Level (SIFL)—SIFL rates are
calculated using a formula published in Regulations
section 1.61-21(g). SIFL may only be used on an originally filed return. The Department of Transportation
publishes the SIFL rates biannually.
Employer-provided vehicles. In general, the FMV of an
employer-provided vehicle is the amount the employee
would have to pay a third party to lease the same or similar vehicle on the same or comparable terms in the geographic area where the employee uses the vehicle. A
comparable lease term would be the amount of time the
vehicle is available for the employee’s use, such as a
1-year period.
Don’t determine the FMV by multiplying a
cents-per-mile rate times the number of miles driven unless the employee can prove the vehicle could have been
leased on a cents-per-mile basis.
Cents-per-Mile Rule
Under this rule, you determine the value of a vehicle you
provide to an employee for personal use by multiplying the
standard mileage rate by the total miles the employee
drives the vehicle for personal purposes. Personal use is
any use of the vehicle other than use in your trade or business. This amount must be included in the employee’s
Publication 15-B (2026)
wages or reimbursed by the employee. Go to IRS.gov/
Pub15B for the standard mileage rate per mile for 2026.
Consistency requirements.
If you use
cents-per-mile rule, the following requirements apply.
You can use the cents-per-mile rule if either of the following requirements is met.
• You must begin using the cents-per-mile rule on the
• You reasonably expect the vehicle to be regularly used
in your trade or business throughout the calendar year
(or for a shorter period during which you own or lease
it).
• The vehicle meets the mileage test.
Caution: Maximum automobile value. You can’t use
the cents-per-mile rule for an automobile (including a truck
or van) if its value when you first make it available to any
employee for personal use is more than the maximum automobile value. Go to IRS.gov/P15B for the maximum automobile value for the calendar year 2026. For guidance
related to the impact of P.L. 115-97 on this rule, see Treasury Decision 9893, 2020-09 I.R.B. 449, available at
IRS.gov/irb/2020-09_IRB#TD-9893. If you and the employee own or lease the automobile together, see Regulations sections 1.61-21(e)(1)(iii)(B) and (C).
Vehicle. For the cents-per-mile rule, a vehicle is any motorized wheeled vehicle, including an automobile, manufactured primarily for use on public streets, roads, and
highways.
Regular use in your trade or business. Whether a vehicle is regularly used in your trade or business is determined on the basis of all facts and circumstances. A vehicle is considered regularly used in your trade or business
if one of the following safe harbor conditions is met.
• At least 50% of the vehicle’s total annual mileage is for
your trade or business.
• You sponsor a commuting pool that generally uses the
vehicle each workday to drive at least three employees to and from work.
Infrequent business use of the vehicle, such as for occasional trips to the airport or between your multiple business premises, isn’t regular use of the vehicle in your
trade or business.
Mileage test. A vehicle meets the mileage test for a calendar year if both of the following requirements are met.
• The vehicle is actually driven at least 10,000 miles
during the year. If you own or lease the vehicle only
part of the year, reduce the 10,000-mile requirement
proportionately.
• The vehicle is used during the year primarily by em-
ployees. Consider the vehicle used primarily by employees if they use it consistently for commuting. Don’t
treat the use of the vehicle by another individual
whose use would be taxed to the employee as use by
the employee.
For example, if only one employee uses a vehicle during the calendar year and that employee drives the vehicle
at least 10,000 miles in that year, the vehicle meets the
mileage test even if all miles driven by the employee are
personal.
Publication 15-B (2026)
the
first day you make the vehicle available to any employee for personal use. However, if you use the commuting rule (discussed later) when you first make the
vehicle available to any employee for personal use,
you can change to the cents-per-mile rule on the first
day for which you don’t use the commuting rule.
• You must use the cents-per-mile rule for all later years
in which you make the vehicle available to any employee and the vehicle qualifies, except that you can
use the commuting rule for any year during which use
of the vehicle qualifies under the commuting rule.
However, if the vehicle doesn’t qualify for the
cents-per-mile rule during a later year, you can use for
that year and thereafter any other rule for which the
vehicle then qualifies.
• You must continue to use the cents-per-mile rule if you
provide a replacement vehicle to the employee (and
the vehicle qualifies for the use of this rule) and your
primary reason for the replacement is to reduce federal taxes.
Items included in cents-per-mile rate.
The
cents-per-mile rate includes the value of maintenance and
insurance for the vehicle. Don’t reduce the rate by the
value of any service included in the rate that you didn’t
provide. You can take into account the services actually
provided for the vehicle by using the general valuation
rule, earlier.
For miles driven in the United States, its territories,
Canada, and Mexico, the cents-per-mile rate includes the
value of fuel you provide. If you don’t provide fuel, you can
reduce the rate by no more than 5.5 cents.
For special rules that apply to fuel you provide for miles
driven outside the United States, Canada, and Mexico,
see Regulations section 1.61-21(e)(3)(ii)(B).
The value of any other service you provide for a vehicle
isn’t included in the cents-per-mile rate. Use the general
valuation rule to value these services.
Commuting Rule
Under this rule, you determine the value of a vehicle you
provide to an employee for commuting use by multiplying
each one-way commute (that is, from home to work or
from work to home) by $1.50. If more than one employee
commutes in the vehicle, this value applies to each employee. This amount must be included in the employee’s
wages or reimbursed by the employee.
You can use the commuting rule if all the following requirements are met.
• You provide the vehicle to an employee for use in your
trade or business and, for bona fide noncompensatory
business reasons, you require the employee to commute in the vehicle. You will be treated as if you had
met this requirement if the vehicle is generally used
27
each workday to carry at least three employees to and
from work in an employer-sponsored commuting pool.
• You establish a written policy under which you don’t allow the employee, nor any individual whose use would
be taxable to the employee, to use the vehicle for personal purposes other than for commuting or de minimis personal use (such as a stop for a personal errand
on the way between a business delivery and the employee’s home). Personal use of a vehicle is all use
that isn’t for your trade or business.
• The employee doesn’t use the vehicle for personal
purposes other than commuting and de minimis personal use.
• If this vehicle is an automobile (any four-wheeled vehicle, such as a car, pickup truck, or van), the employee
who uses it for commuting isn’t a control employee.
See Control employee, later.
Vehicle. For this rule, a vehicle is any motorized wheeled
vehicle (including an automobile) manufactured primarily
for use on public streets, roads, and highways.
Control employee. A control employee of a nongovernment employer for 2026 is generally any of the following
employees.
• A board- or shareholder-appointed, confirmed, or
elected officer whose pay is $145,000 or more.
• A director.
• An employee whose pay is $290,000 or more.
• An employee who owns a 1% or more equity, capital,
or profits interest in your business.
A control employee for a government employer for 2026
is either of the following.
• A government employee whose compensation is
equal to or exceeds Federal Government Executive
Level V. Go to the Office of Personnel Management
website at OPM.gov/Policy-Data-Oversight/PayLeave/Salaries-Wages for 2026 compensation information.
• An elected official.
Highly compensated employee alternative. Instead of using the preceding definition, you can choose to
define a control employee as any highly compensated employee. A highly compensated employee for 2026 is an
employee who meets either of the following tests.
1. The employee was a 5% owner at any time during the
year or the preceding year.
2. The employee received more than $160,000 in pay for
the preceding year.
You can choose to ignore test (2) if the employee wasn’t
also in the top 20% of employees when ranked by pay for
the preceding year.
28
Lease Value Rule
Under this rule, you determine the value of an automobile
you provide to an employee by using its annual lease
value. For an automobile provided only part of the year,
use either its prorated annual lease value or its daily lease
value (discussed later).
If the automobile is used by the employee in your business, you generally reduce the lease value by the amount
that is excluded from the employee’s wages as a working
condition benefit (discussed earlier in section 2). In order
to do this, the employee must account to the employer for
the business use. This is done by substantiating the usage
(mileage, for example), the time and place of the travel,
and the business purpose of the travel. Written records
made at the time of each business use are the best evidence. Any use of a company-provided vehicle that isn’t
substantiated as business use is included in income. The
working condition benefit is the amount that would be an
allowable business expense deduction for the employee if
the employee paid for the use of the vehicle.
Automobile. For this rule, an automobile is any
four-wheeled vehicle (such as a car, pickup truck, or van)
manufactured primarily for use on public streets, roads,
and highways.
Consistency requirements. If you use the lease value
rule, the following requirements apply.
1. You must begin using this rule on the first day you
make the automobile available to any employee for
personal use. However, the following exceptions apply.
a. If you use the commuting rule (discussed earlier in
this section) when you first make the automobile
available to any employee for personal use, you
can change to the lease value rule on the first day
for which you don’t use the commuting rule.
b. If you use the cents-per-mile rule (discussed earlier in this section) when you first make the automobile available to any employee for personal use,
you can change to the lease value rule on the first
day on which the automobile no longer qualifies
for the cents-per-mile rule.
2. You must use this rule for all later years in which you
make the automobile available to any employee, except that you can use the commuting rule for any year
during which use of the automobile qualifies.
3. You must continue to use this rule if you provide a replacement automobile to the employee and your primary reason for the replacement is to reduce federal
taxes.
Annual Lease Value
Generally, you figure the annual lease value of an automobile as follows.
Publication 15-B (2026)
1. Determine the FMV of the automobile on the first date
it is available to any employee for personal use.
2. Using Table 3-1, read down column (1) until you come
to the dollar range within which the FMV of the automobile falls. Then read across to column (2) to find
the annual lease value.
3. Multiply the annual lease value by the percentage of
personal miles out of total miles driven by the employee.
Table 3-1. Annual Lease Value Table
(1) Automobile FMV
$ 0 to 999 . . . . . . . . . . . . . . . . . . . . . . . .
1,000 to 1,999 . . . . . . . . . . . . . . . . . . . .
2,000 to 2,999 . . . . . . . . . . . . . . . . . . . .
3,000 to 3,999 . . . . . . . . . . . . . . . . . . . .
4,000 to 4,999 . . . . . . . . . . . . . . . . . . . .
5,000 to 5,999 . . . . . . . . . . . . . . . . . . . .
6,000 to 6,999 . . . . . . . . . . . . . . . . . . . .
7,000 to 7,999 . . . . . . . . . . . . . . . . . . . .
8,000 to 8,999 . . . . . . . . . . . . . . . . . . . .
9,000 to 9,999 . . . . . . . . . . . . . . . . . . . .
10,000 to 10,999 . . . . . . . . . . . . . . . . . . .
11,000 to 11,999 . . . . . . . . . . . . . . . . . . .
12,000 to 12,999 . . . . . . . . . . . . . . . . . . .
13,000 to 13,999 . . . . . . . . . . . . . . . . . . .
14,000 to 14,999 . . . . . . . . . . . . . . . . . . .
15,000 to 15,999 . . . . . . . . . . . . . . . . . . .
16,000 to 16,999 . . . . . . . . . . . . . . . . . . .
17,000 to 17,999 . . . . . . . . . . . . . . . . . . .
18,000 to 18,999 . . . . . . . . . . . . . . . . . . .
19,000 to 19,999 . . . . . . . . . . . . . . . . . . .
20,000 to 20,999 . . . . . . . . . . . . . . . . . . .
21,000 to 21,999 . . . . . . . . . . . . . . . . . . .
22,000 to 22,999 . . . . . . . . . . . . . . . . . . .
23,000 to 23,999 . . . . . . . . . . . . . . . . . . .
24,000 to 24,999 . . . . . . . . . . . . . . . . . . .
25,000 to 25,999 . . . . . . . . . . . . . . . . . . .
26,000 to 27,999 . . . . . . . . . . . . . . . . . . .
28,000 to 29,999 . . . . . . . . . . . . . . . . . . .
30,000 to 31,999 . . . . . . . . . . . . . . . . . . .
32,000 to 33,999 . . . . . . . . . . . . . . . . . . .
34,000 to 35,999 . . . . . . . . . . . . . . . . . . .
36,000 to 37,999 . . . . . . . . . . . . . . . . . . .
38,000 to 39,999 . . . . . . . . . . . . . . . . . . .
40,000 to 41,999 . . . . . . . . . . . . . . . . . . .
42,000 to 43,999 . . . . . . . . . . . . . . . . . . .
44,000 to 45,999 . . . . . . . . . . . . . . . . . . .
46,000 to 47,999 . . . . . . . . . . . . . . . . . . .
48,000 to 49,999 . . . . . . . . . . . . . . . . . . .
50,000 to 51,999 . . . . . . . . . . . . . . . . . . .
52,000 to 53,999 . . . . . . . . . . . . . . . . . . .
54,000 to 55,999 . . . . . . . . . . . . . . . . . . .
56,000 to 57,999 . . . . . . . . . . . . . . . . . . .
58,000 to 59,999 . . . . . . . . . . . . . . . . . . .
(2) Annual lease
value
$
600
850
1,100
1,350
1,600
1,850
2,100
2,350
2,600
2,850
3,100
3,350
3,600
3,850
4,100
4,350
4,600
4,850
5,100
5,350
5,600
5,850
6,100
6,350
6,600
6,850
7,250
7,750
8,250
8,750
9,250
9,750
10,250
10,750
11,250
11,750
12,250
12,750
13,250
13,750
14,250
14,750
15,250
For automobiles with an FMV of more than $59,999,
the annual lease value equals (0.25 × the FMV of the automobile) + $500.
FMV. The FMV of an automobile is the amount a person
would pay to buy it from a third party in an arm’s-length
transaction in the area in which the automobile is bought
Publication 15-B (2026)
or leased. That amount includes all purchase expenses,
such as sales tax and title fees.
If you have 20 or more automobiles, see Regulations
section 1.61-21(d)(5)(v). If you and the employee own or
lease the automobile together, see Regulations section
1.61-21(d)(2)(ii).
You don’t have to include the value of a telephone or
any specialized equipment added to, or carried in, the automobile if the equipment is necessary for your business.
However, include the value of specialized equipment if the
employee to whom the automobile is available uses the
specialized equipment in a trade or business other than
yours.
Neither the amount the employee considers to be the
value of the benefit nor your cost for either buying or leasing the automobile determines its FMV. However, see
Safe-harbor value next.
Safe-harbor value. You may be able to use a
safe-harbor value as the FMV.
For an automobile you bought at arm’s length, the
safe-harbor value is your cost, including sales tax, title,
and other purchase expenses. This method isn’t available
for an automobile you manufactured.
For an automobile you lease, you can use any of the
following as the safe-harbor value.
• The manufacturer’s invoice price (including options)
plus 4%.
• The manufacturer’s suggested retail price minus 8%
(including sales tax, title, and other expenses of purchase).
• The retail value of the automobile reported by a na-
tionally recognized pricing source if that retail value is
reasonable for the automobile.
Items included in annual lease value table. Each annual lease value in the table includes the value of maintenance and insurance for the automobile. Don’t reduce the
annual lease value by the value of any of these services
that you didn’t provide. For example, don’t reduce the annual lease value by the value of a maintenance service
contract or insurance you didn’t provide. You can take into
account the services actually provided for the automobile
by using the general valuation rule, discussed earlier.
Items not included. The annual lease value doesn’t
include the value of fuel you provide to an employee for
personal use, regardless of whether you provide it, reimburse its cost, or have it charged to you. You must include
the value of the fuel separately in the employee’s wages.
You can value fuel you provided at FMV or at 5.5 cents per
mile for all miles driven by the employee. However, you
can’t value at 5.5 cents per mile fuel you provide for miles
driven outside the United States (including its territories),
Canada, and Mexico.
If you reimburse an employee for the cost of fuel, or
have it charged to you, you generally value the fuel at the
amount you reimburse, or the amount charged to you if it
was bought at arm’s length.
If you have 20 or more automobiles, see Regulations
section 1.61-21(d)(3)(ii)(D).
29
If you provide any service other than maintenance and
insurance for an automobile, you must add the FMV of
that service to the annual lease value of the automobile to
figure the value of the benefit.
Four-year lease term. The annual lease values in the
table are based on a 4-year lease term. These values will
generally stay the same for the period that begins with the
first date you use this rule for the automobile and ends on
December 31 of the fourth full calendar year following that
date.
Figure the annual lease value for each later 4-year period by determining the FMV of the automobile on January
1 of the first year of the later 4-year period and selecting
the amount in column (2) of the table that corresponds to
the appropriate dollar range in column (1).
Using the special accounting rule. If you use the
special accounting rule for fringe benefits discussed in
section 4, you can figure the annual lease value for each
later 4-year period at the beginning of the special accounting period that starts immediately before the January 1
date described in the previous paragraph.
For example, assume that you use the special accounting rule and that, beginning on November 1, 2025, the
special accounting period is November 1 to October 31.
You elected to use the lease value rule as of January 1,
2026. You can refigure the annual lease value on November 1, 2029, rather than on January 1, 2030.
Transferring an automobile from one employee to another. Unless the primary purpose of the transfer is to reduce federal taxes, you can refigure the annual lease
value based on the FMV of the automobile on January 1
of the calendar year of transfer.
However, if you use the special accounting rule for
fringe benefits discussed in section 4, you can refigure the
annual lease value (based on the FMV of the automobile)
at the beginning of the special accounting period in which
the transfer occurs.
Prorated Annual Lease Value
If you provide an automobile to an employee for a continuous period of 30 or more days but less than an entire calendar year, you can prorate the annual lease value. Figure
the prorated annual lease value by multiplying the annual
lease value by a fraction, using the number of days of
availability as the numerator and 365 as the denominator.
If you provide an automobile continuously for at least 30
days, but the period covers 2 calendar years (or 2 special
accounting periods if you’re using the special accounting
rule for fringe benefits discussed in section 4), you can
use the prorated annual lease value or the daily lease
value.
If you have 20 or more automobiles, see Regulations
section 1.61-21(d)(6).
If an automobile is unavailable to the employee because of the employee’s personal reasons (for example, if
the employee is on vacation), you can’t take into account
30
the periods of unavailability when you use a prorated annual lease value.
Caution: You can’t use a prorated annual lease value if
the reduction of federal tax is the main reason the automobile is unavailable.
Daily Lease Value
If you provide an automobile to an employee for a continuous period of less than 30 days, use the daily lease value
to figure its value. Figure the daily lease value by multiplying the annual lease value by a fraction, using four times
the number of days of availability as the numerator and
365 as the denominator.
However, you can apply a prorated annual lease value
for a period of continuous availability of less than 30 days
by treating the automobile as if it had been available for 30
days. Use a prorated annual lease value if it would result
in a lower valuation than applying the daily lease value to
the shorter period of availability.
Unsafe Conditions Commuting Rule
Under this rule, the value of commuting transportation you
provide to a qualified employee solely because of unsafe
conditions is $1.50 for a one-way commute (that is, from
home to work or from work to home). If more than one employee commutes in the vehicle, this value applies to each
employee. This amount must be included in the employee’s wages or reimbursed by the employee.
You can use the unsafe conditions commuting rule for
qualified employees if all of the following requirements are
met.
• The employee would ordinarily walk or use public
transportation for commuting.
• You have a written policy under which you don’t provide the transportation for personal purposes other
than commuting because of unsafe conditions.
• The employee doesn’t use the transportation for per-
sonal purposes other than commuting because of unsafe conditions.
These requirements must be met on a trip-by-trip basis.
Commuting transportation. This is transportation to or
from work using any motorized wheeled vehicle (including
an automobile) manufactured for use on public streets,
roads, and highways. You or the employee must buy the
transportation from a party that isn’t related to you. If the
employee buys it, you must reimburse the employee for its
cost (for example, cab fare) under a bona fide reimbursement arrangement.
Qualified employee. A qualified employee for 2026 is
one who:
• Performs services during the year;
• Is paid on an hourly basis;
Publication 15-B (2026)
• Isn’t claimed under section 213(a)(1) of the Fair Labor
Standards Act (FLSA) of 1938 (as amended) to be exempt from the minimum wage and maximum hour provisions;
• Is within a classification for which you actually pay, or
have specified in writing that you will pay, overtime pay
of at least one and one-half times the regular rate provided in section 207 of FLSA; and
• Received pay of not more than $160,000 during 2025.
However, an employee isn’t considered a qualified employee if you don’t comply with the recordkeeping requirements concerning the employee’s wages, hours, and other
conditions and practices of employment under section
211(c) of FLSA and the related regulations.
Unsafe conditions. Unsafe conditions exist if, under the
facts and circumstances, a reasonable person would consider it unsafe for the employee to walk or use public
transportation at the time of day the employee must commute. One factor indicating whether it is unsafe is the history of crime in the geographic area surrounding the employee’s workplace or home at the time of day the
employee commutes.
4. Rules for Withholding,
Depositing, and Reporting
Use the following guidelines for withholding, depositing,
and reporting taxable noncash fringe benefits.
Valuation of taxable fringe benefits. Generally, you
must determine the value of taxable noncash fringe benefits no later than January 31 of the next year. Before January 31, you may reasonably estimate the value of the
fringe benefits for purposes of withholding and depositing
on time.
Choice of period for withholding, depositing, and reporting. For employment tax and withholding purposes,
you can treat taxable noncash fringe benefits (including
personal use of employer-provided highway motor vehicles) as paid on a pay period, quarter, semiannual, annual, or other basis. But the benefits must be treated as
paid no less frequently than annually. You don’t have to
choose the same period for all employees. You can withhold more frequently for some employees than for others.
You can change the period as often as you like as long
as you treat all of the benefits provided in a calendar year
as paid no later than December 31 of the calendar year.
You can also treat the value of a single fringe benefit as
paid on one or more dates in the same calendar year,
even if the employee receives the entire benefit at one
time. For example, if your employee receives a fringe benefit valued at $1,000 in one pay period during 2026, you
can treat it as made in four payments of $250, each in a
different pay period of 2026. You don’t have to notify the
IRS of the use of the periods discussed above.
Publication 15-B (2026)
Transfer of property. The above choice for reporting
and withholding doesn’t apply to a cash fringe benefit or a
fringe benefit that is a transfer of tangible or intangible personal property of a kind normally held for investment or a
transfer of real property. For these kinds of fringe benefits,
you must use the actual date the property was transferred
to the employee.
Withholding and depositing taxes. You can add the
value of taxable fr
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.