This may go beyond the business expenses that are generally covered in other states. All four members present voted in favor of the salary and per diem recommendations. The voters approved Proposition 302 effective at the beginning of the next regular legislative session. As mentioned, these new laws may require your department to tweak its current T&E policies and practices to align with state-specific rules. 62 (a)(2) and (c)(2); 1.62-2(c)(4). App. Under Arizona law, two provisions are severable if severance is consistent with the intent of those who created the law. Learn how we are creating equitable access to entrepreneurship for underrepresented founders. movement? (Cal. Because one of the consequences of that recommendation could have been to dictate the length of the legislative session, the Attorney General concluded that the Commission had exceeded its limited authority to set salaries. Other states (like Alaska and Arkansas) require reimbursement only if equipment purchased by employees for work-related purposes cannot be used during normal social activities of the employee or if the purchase/expense would bring the employees compensation below minimum wage. (8 Alaska Admin Code Section 15.165; Code of Arkansas Rules and Regs., 010-14-107(B).). When an employer reimburses an employee pursuant to an accountable plan, the reimbursement wont count as wages or income to the employee. Justworks keeps you informed on employment regulations while taking care of your employer payroll tax filings. Stat. There is no federal law that requires employers to reimburse their employees for employment-related expenses, and few state laws do so, either. Instead, whether work-related expenses must be reimbursed by employers is a matter of state law. Employees should only have to pay income taxes on the wages they earn and certain taxable fringe benefits. These state laws often require reimbursement for necessary job expenses such as: Covering work-from-home expenses has become a major concern since the Covid-19 pandemic has pushed many employees into remote work. The expense reimbursement process allows employers to pay back employees who have spent their own money for business-related expenses. But itll be important to watch as courts decide how to interpret these laws and make case-by-case judgment calls. 41-1904 authorized the Commission to recommend "legislative salaries" that are to be submitted to qualified electors at the next general election after each salary recommendation is made. Additionally, the 1958 constitutional amendments treated salary and reimbursement separately. Lost your password? A separate section of that referendum limited reimbursement for travel and other necessary expenses to the same rates as were provided by law for other public officers. A: Employers should have a written reimbursement policy that requires employees to submit reimbursement requests by a certain deadline after the expense is incurred. 5, 12. . Code 62(a)(2)(D) allows an eligible educator to deduct from federal gross income unreimbursed, qualified expenses (e.g., expenses for books, supplies, and computer equipment used in the classroom; expenses incurred during qualified professional development courses). This form is not to be used to claim travel reimbursements or advances. Supplies that an employee purchases for business purposes can be reimbursed at cost, provided that they are reimbursed pursuant to an accountable plan. For example: Companies usually mandate receipts. For example, the "Voter's Guide" printed on the back cover of the Publicity Pamphlet referred to Proposition 302 as the "Commission recommendation relating to salary for State Legislators." Former ARIZ. CONST. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). . 1. 38-624. Justworks helps businesses with their benefits, payroll, and everything else they need to take care of their team. Id. Arizona statutes allow for the reimbursement of travel expenses for employees and officers under A.R.S. . The cost of work-related travel, including transportation, lodging, meals, and entertainment that meet the criteria outlined in IRS Publication 463, Travel, Entertainment, Gift, and Car Expenses, are generally reimbursable expenses. The Arizona Supreme Court upheld the law, concluding that reimbursement for expenditures fell outside the 1932 ban prohibiting the Legislature from changing its "compensation" or "salary." It did not mention the per diem clause. All rights reserved. The director may change the maximum amounts from time to time and may establish a separate maximum amount for geographical areas of the United States if the director finds that the reasonable cost varies significantly in one or more areas. Salary: $150,000 - $220,000 per year. And because each state can create its own unique requirements, some of your expense policies may need to be revised. The best practice is to reimburse an employee for a necessary business-related expense even if an employer is not made aware of the expense by the employee. No matter whether a company is big or small, every business incurs costs and expenses that may reduce the business' taxable income. The only evidence of the electorate's intent is the language of the 1998 Publicity Pamphlet prepared by the Secretary of State. The employee submitted the expense for reimbursement with proper supporting documentation* (i.e., a receipt) within 30 calendar days of when it was incurred. %PDF-1.6 % Please complete the form below and we will contact you momentarily. Sign up for our free summaries and get the latest delivered directly to you. Lastly, you know these new business expense reimbursement laws could impact your budgets going forward. California remote employees are entitled to reimbursement for all of their reasonable financial job-related losses. Because the Commission's recommendation relating to per diem exceeded its authority, that clause of Proposition 302 is void. This reimbursement law was challenged as being an increase in compensation in violation of the Constitution. ,t\>C50 c?6s@mR These types of reimbursable expenses tend to occur when employees travel for work, but can be associated with other activities related to their employment, including, for example, certain purchases of work-related supplies or tools. Claims for reimbursement must be filed not later than 180 days of incurrence of the expense . 928 0 obj <> endobj The standard mileage rate is set by the IRS each year. Ariz. Rev. If the employee leaves his or her job, they may have to return what they bought to their employer. hUn09imc8.=(2%C}"S6dR7@@*8k07\H05`kH? Id. This will help combat employees sitting on reimbursement requests for months or years, but ultimately the deadline to submit a reimbursement request will depend on state specific laws where they exist. endstream endobj 710 0 obj <>stream &_n*eoPh`#BADX JaJt0N94BQ>1Jfm!t 6-t(YdIe: h complying with reimbursement laws An employee's right to be reimbursed for necessary expense should be contained in the Labor Code Section 2810.5 notice. Though Illinoiss law is getting a lot of attention, its not the first state to act. 41-1104. Most businesses reimburse such expenses, but are business expense reimbursements taxable income to the employee? Youll want to proactively account for these business expenses in your T&E budget to stay on track financially and prevent issues. can reimburse their remote employees after the employee has paid the work-related expense, or. If the employer establishes a written accountable plan, and the employees submit properly documented expenses under that plan, then the reimbursements shouldnt count as taxable income. Generally, this wont include commuting expenses between an employees home and workplace. In 1958, the Legislature placed on the ballot, and the people approved, an amendment to the Arizona Constitution that provided for an annual legislative "salary of one thousand eight hundred dollars as compensation for services . %PDF-1.4 % So, are reimbursements taxable? 41-1104). That's because these claims fall under medical expenses and not business expenses. 2023 LawServer Online, Inc. All rights reserved. 4, pt. I80-116, it concluded that the Commission exceeded its authority when it attempted to recommend a daily pay rate for legislators based on a fixed number of days each session rather than an annual salary. The unique manner in which Proposition 302 was developed requires review of the Commission's intent as well as the intent of the electorate to determine whether severance applies.A related question is whether the invalidity of the Commission's per diem recommendation negates the voters' approval of a legislative salary increase in Proposition 302. A. Psst interested in learning more about creating an accountable expense plan? 4, pt. Shouse Law Group has wonderful customer service. Former ARIZ. CONST. Why do businesses need an accountable expense plan? See Earhart v. Frohmiller, 65 Ariz. 221, 178 P.2d 436 (1947). Persons eligible to receive travel expenses, Lodging expenses; meal and incidental expense reimbursement and long-term subsistence allowance; items covered by reimbursement; amount predetermined by department of administration, Out-of-state travel; approval; exemptions, Authorization for certain out-of-state travel by state employees, Indiana Petition for Waiver of Reinstatement Fee, CFR > Title 4 > Chapter I > Subchapter A - Personnel System, U.S. Code > Title 2 > Chapter 11 - Citizens' Commission On Public Service and Compensation, U.S. Code > Title 39 > Part II - Personnel, U.S. Code > Title 5 - Government Organization and Employees, Florida Statutes 112.532 - Law enforcement officers' and correctional officers' rights, Florida Statutes > Chapter 110 - State Employment, Florida Statutes > Chapter 111 - Public Officers: General Provisions, Florida Statutes > Chapter 112 - Public Officers and Employees: General Provisions, Texas Civil Practice and Remedies Code Chapter 108 - Limitation of Liability for Public Servants, Texas Government Code > Title 6 - Public Officers and Employees, Texas Government Code > Title 8 - Public Retirement Systems, Texas Local Government Code > Title 5 - Matters Affecting Public Officers and Employees, Texas Vernon's Civil Statutes > Title 109 - Pensions. {W%iw QT4Ta C5,m= endstream endobj 709 0 obj <>stream Indiana Petition for Waiver of Reinstatement Fee, CFR > Title 4 > Chapter I > Subchapter A - Personnel System, U.S. Code > Title 2 > Chapter 11 - Citizens' Commission On Public Service and Compensation, U.S. Code > Title 39 > Part II - Personnel, U.S. Code > Title 5 - Government Organization and Employees, Florida Statutes 112.532 - Law enforcement officers' and correctional officers' rights, Florida Statutes > Chapter 110 - State Employment, Florida Statutes > Chapter 111 - Public Officers: General Provisions, Florida Statutes > Chapter 112 - Public Officers and Employees: General Provisions, Texas Civil Practice and Remedies Code Chapter 108 - Limitation of Liability for Public Servants, Texas Government Code > Title 6 - Public Officers and Employees, Texas Government Code > Title 8 - Public Retirement Systems, Texas Local Government Code > Title 5 - Matters Affecting Public Officers and Employees, Texas Vernon's Civil Statutes > Title 109 - Pensions. 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