View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
TREAS/IRS | RIN: 1545-BP09 | Publication ID: Fall 2023 |
Title: Determination of Line of Business for Purposes of No-Additional-Cost Service and Qualified Employee Discount Fringe Benefits | |
Abstract:
Sections 132(a)(1) and (2) of the Internal Revenue Code exclude from the gross income of an individual any fringe benefit that qualifies as a no-additional-cost service or a qualified employee discount, respectively. In order to be eligible for the exclusion, the no-additional-cost service or employee discount must be for services or property offered for sale by the employer in the ordinary course of the line of business of the employer in which the employee is performing services. Section 1.132-4(a)(2) of the regulations currently states that an employer’s line of business is determined by reference to the Enterprise Standard Industrial Classification Manual (ESIC Manual). These proposed regulations replace the ESIC Manual with the North American Industry Classification System (NAICS) as the industry classification system used to determine an employer’s line of business for purposes of sections 132(a)(1) and (2). |
|
Agency: Department of the Treasury(TREAS) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 26 CFR 1.132-4 | |
Legal Authority: 26 U.S.C. 7805 26 U.S.C. 132 |
Legal Deadline:
None |
||||||
Timetable:
|
Additional Information: REG-132805-17 (NPRM) Drafter attorney: Andrew Cain (202) 317-4774 Reviewer attorney: Andrew Holubeck Treasury attorney: Boyd Brown (771) 201-0022 CC:EEE | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Andrew K. Holubeck Senior Counsel Department of the Treasury Internal Revenue Service 1111 Constitution Avenue NW., Room 4312, Washington, DC 20224 Phone:202 317-4774 Fax:855 592-9845 Email: andrew.k.holubeck@irscounsel.treas.gov |