What are the federal income tax consequences to employees
under the leave-sharing plan?
ISSUE
FACTS
An employer established a
plan whereby its employees who suffer a medical emergencies may qualify
as recipients of leave surrendered to the employer by other employees or
leave deposited by its employees in an employer-sponsored leave bank.
A medical emergency is defined under the plan as a medical condition
of the employee or a family member of the employee that will require the
prolonged absence of the employee from duty and will result in a substantial
loss of income to the employee because the employee will have exhausted
all paid leave available apart from the leave-sharing plan.
Under the provisions of the plan, a written
application describing the medical emergency must be submitted to the
employer by or on behalf of the employee requesting additional paid leave
under the leave-sharing plan.
After the application has been approved and the employee has exhausted all
of his or her paid leave, the employee is eligible to receive additional
paid leave (to be paid at his or her normal rate of compensation) with respect
to leave surrendered to the employer or leave deposited in the leave bank.
The plan contains restrictions on the amount of leave that may be surrendered
to the employer or deposited in the leave bank and also contains rules as
to the manner in which surrendered or deposited leave will be granted to
eligible leave recipients.
HOLDING
Recipient:
The amounts paid by the employer to a leave recipient pursuant to the plan
are includible in the gross income of the recipient
under section 61 of the Code as compensation for services provided
by that recipient to the employer. These amounts are
considered wages for purposes of the Federal Insurance Contributions
Act, the Federal Unemployment Tax Act, the Railroad Retirement Tax Act, the
Railroad Unemployment Repayment Tax, and income tax withholding, unless
excluded therefrom under a specific provision of the Code.
Donor:
An employee who surrenders leave to the employer or deposits leave in the
leave bank does not realize any income and incurs no
deductible expense or loss either upon the surrender or deposit of
the leave or its use by the recipient. The holding and underlying rationale
of this ruling apply only to bona fide employer-sponsored leave-sharing
arrangements.
DRAFTING INFORMATION
The principal author of this revenue Ruling is P. Val Strehlow of the Office of Assistant Chief Counsel (Income Tax and Accounting). For further information regarding this revenue Ruling, contact Mr. Strehlow on 202/377-9586 (not a toll-free call).
Copr. 1996 Tax Management Inc. Rev. 2/96