Can Employees Use Our Services Tax-Free?

Can Employees Use Our Services Tax-Free?

In the ever-evolving world of business perks – gym memberships, wellness allowances, mobile phones –  understanding the tax implications of employee fringe benefits is important. Let’s explore whether your employees can enjoy company services tax-free and how to navigate the associated complexities.

Deciphering Tax-Exempt Employee Benefits

– Understanding tax-exempt benefits under Code Sec. 132(b): Certain services offered by employers to both customers and employees may qualify for exclusion from taxable income

– Identifying eligible services and their tax-exempt status: Services provided in the ordinary course of business qualify, provided they don’t result in substantial additional costs for the employer

– Criteria for determining qualifying services: To meet IRS guidelines, employers must ensure equitable access to services for employees on similar terms as customers

Navigating IRS Guidelines

– Clear guidance on qualifying services: IRS regulations provide clarity on services that qualify for tax exemption, such as excess-capacity services

– Examples of qualifying services: These encompass various company offerings, including transportation, entertainment facilities, or personal use of software that’s used for client services

– Considerations for highly compensated employees: Exclusions may be subject to scrutiny if benefits are perceived as discriminatory, emphasizing the need for fairness in benefit distribution

The Importance of Robust Record-keeping

– Detailed record-keeping for compliance: Maintaining meticulous records of employee benefit utilization is essential for IRS compliance

– Ensuring equitable benefit distribution: Fair distribution of benefits among employees mitigates potential tax-related challenges

– Leveraging solid bookkeeping for tax compliance: Sound bookkeeping practices lay the groundwork for proof of equitable availability of company products or services to all employees


Offering fringe benefits to employees can enhance morale and productivity. Understand the tax implications, creating written operating procedures, and keeping meticulous records will ensure compliance and create an audit trail.

At Walker Glantz, we specialize in navigating the intricacies of business finances. From bookkeeping to financial advisory, we’re committed to providing our clients exemplary service. Contact us today!