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The plan must require employees to repay any reimbursements which exceed substantiated expenses within a reasonable period of time (within 120 days after expense is incurred).
Your employees are entitled to be reimbursed, as long as their spending falls within the policy. Your expenses policy must set out what spending is legitimate and what is not.
Answer. In short, no. But that's provided your employer completes the pay stub accurately as part of their expense reimbursement process. If they incorrectly lump the reimbursed amount with your wages, it's taxed.
California Labor Code 2802 is the law that requires employers to reimburse workers for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties. Employers that fail to do so can face a wage and hour lawsuit.
In accordance with California Labor Code Section 2802, an employee is entitled to be reimbursed by his or her employer "for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer." Thus,
Reimbursable out-of-pocket costs occur when you pay for something with your own money and they are paid back for those expenses. These are often work-related and paid by employers for travel, lodging, certain healthcare expenses, office supplies, and so on.
Business expense reimbursements are not considered wages, and therefore are not taxable income (if your employer uses an accountable plan). An accountable plan is a plan that follows the Internal Revenue Service regulations for reimbursing workers for business expenses in which reimbursement is not counted as income.
While the IRS does allow employers to reimburse employee expenses through payroll, some tax implications can come with doing it this way. For example, if the reimbursement is not made as part of an accountable plan, it will be taxable to the employee as wages.
This deduction excludes from the employee's taxable income provided that the expenses are legitimate business expenses and the reimbursements comply with IRS rules. The best way to reimburse employees for expenses can be accomplished by using either the per diem method or an accountable plan.
Yes, California Labor Code section 2802 mandates employer reimbursements for work-related expenses that are incurred by their employees.