Go Back   CDN Business Directory > Main Category > Taxes

 
 
Thread Tools Display Modes
  #5  
Old 01-22-2009, 08:15 AM
Dick Adams
Guest
 
Posts: n/a
Default Re: lodging for work

Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote:
- quote -

> Harlan Lunsford <lunstax[at]bellsouth.net> wrote:

> > IF this fellow were an employee of the apartment complex, i.e.
> > getting a wage and working for them full time, then free lodging
> > could be for the convenience of the employer, since he would have
> > to be on call to fix things.
> > > But such an arrangement as this, he is not an employee, and

> > therefore an independent contractor and should be getting a
> > 1099misc.


> Why wouldn't he be an employee? The employer provides the place to
> work and perhaps the tools. The employer tells him when and where to
> work, and perhaps even how. Seems like an employee to me, even though
> he gets no cash wages.


I knew an accountant who had this arrangement with the general
partner of a huge apartment complex. But he worked his tail off
for it. He got a very nice three bedroom apartment on the top
floor with a great view. When the complex went condo, he quit
his regular job and took a salary for a year and a half because
of the work load.

I've met several people who work in hotels/motels who have
similar arrangements. The general complaint is that as good
as it seems, you are immediately available whenever a problem
arises. Free is never as easy as it looks.

Dick

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 01-22-2009, 12:17 AM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: lodging for work

Stuart A. Bronstein wrote:
- quote -

> Harlan Lunsford <lunstax[at]bellsouth.net> wrote:
> > IF this fellow were an employee of the apartment complex, i.e.
> > getting a wage and working for them full time, then free lodging
> > could be for the convenience of the employer, since he would have
> > to be on call to fix things.
> > > But such an arrangement as this, he is not an employee, and

> > therefore an independent contractor and should be getting a
> > 1099misc.

> Why wouldn't he be an employee? The employer provides the place to
> work and perhaps the tools. The employer tells him when and where to
> work, and perhaps even how. Seems like an employee to me, even though
> he gets no cash wages.


Granted, we could probably use some more data on the situation, like
does the fellow have a regular job elsewhere? That was the impression
if got. After all, he does maintenance work and gets an apartment in
return. How does he pay other expenses? One of my clients, a state
employee with a good salary, lives in a cottage rent free at a lake
community, in return for which he serves as owner's rep in providing
eyes and ears for the owner. He's not an employee and doesn't get a
1099 either.

ChEAr$,
Harlan Lunsford, EA n LA

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 01-21-2009, 10:45 PM
Stuart A. Bronstein
Guest
 
Posts: n/a
Default Re: lodging for work

Harlan Lunsford <lunstax[at]bellsouth.net> wrote:

- quote -

> IF this fellow were an employee of the apartment complex, i.e.
> getting a wage and working for them full time, then free lodging
> could be for the convenience of the employer, since he would have
> to be on call to fix things.
> But such an arrangement as this, he is not an employee, and
> therefore an independent contractor and should be getting a
> 1099misc.


Why wouldn't he be an employee? The employer provides the place to
work and perhaps the tools. The employer tells him when and where to
work, and perhaps even how. Seems like an employee to me, even though
he gets no cash wages.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 01-21-2009, 09:23 PM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: lodging for work

Alan wrote:
- quote -

> Marion1E[at]comcast.net wrote:
> > Hi everybody,
> > My friend lives in an apartment complex. He does maintenance work and
> > in return gets to live there for free. I think this is considered
> > income. He said he never got any form that shows any earnings. Am I
> > correct?
> > > Like always thank for your wisdom,
> > > Marion

> > Albuquerque, NM
> > I believe this falls under an exchange of services within the normal

> course of business. (See below for an exception.) You work for me as a
> maintenance person and I pay you by letting you live rent free in one of
> my apartments. The payment is the fair rental value (FRV) of the
> apartment. The apt manager would be obligated to issue a 1099-MISC with
> the FRV in Box 7 as nonemployee compensation if the annual amount is at
> least $600.
> How often is the 1099-misc issued... my experience in CA & NM leads me
> to believe.... not very often!
> There is an exception to this rule. If the management company requires
> the worker to reside on the premises, there is no income to report. A
> recent thread on this newsgroup highlighted the exception for resident
> advisers at a college. They are required to be resident on the premises.

IF this fellow were an employee of the apartment complex, i.e. getting
a wage and working for them full time, then free lodging could be for
the convenience of the employer, since he would have to be on call to
fix things.

But such an arrangement as this, he is not an employee, and therefore an
independent contractor and should be getting a 1099misc.

ChEAr$,
Harlan Lunsford, EA n LA

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 01-21-2009, 07:52 PM
Stuart A. Bronstein
Guest
 
Posts: n/a
Default Re: lodging for work

Marion1E[at]comcast.net wrote:

- quote -

> My friend lives in an apartment complex. He does maintenance work and
> in return gets to live there for free. I think this is considered
> income. He said he never got any form that shows any earnings. Am I
> correct?


If he is required to live there by the job (for the convenience of the
employer), then it's probably tax free.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 01-21-2009, 07:50 PM
Alan
Guest
 
Posts: n/a
Default Re: lodging for work

Marion1E[at]comcast.net wrote:
- quote -

> Hi everybody,
> My friend lives in an apartment complex. He does maintenance work and
> in return gets to live there for free. I think this is considered
> income. He said he never got any form that shows any earnings. Am I
> correct?
> Like always thank for your wisdom,
> Marion
> Albuquerque, NM

I believe this falls under an exchange of services within the
normal course of business. (See below for an exception.) You work
for me as a maintenance person and I pay you by letting you live
rent free in one of my apartments. The payment is the fair rental
value (FRV) of the apartment. The apt manager would be obligated
to issue a 1099-MISC with the FRV in Box 7 as nonemployee
compensation if the annual amount is at least $600.

How often is the 1099-misc issued... my experience in CA & NM
leads me to believe.... not very often!

There is an exception to this rule. If the management company
requires the worker to reside on the premises, there is no income
to report. A recent thread on this newsgroup highlighted the
exception for resident advisers at a college. They are required
to be resident on the premises.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 01-21-2009, 07:14 PM
Marion1E@comcast.net
Guest
 
Posts: n/a
Default lodging for work

Hi everybody,
My friend lives in an apartment complex. He does maintenance work and
in return gets to live there for free. I think this is considered
income. He said he never got any form that shows any earnings. Am I
correct?

Like always thank for your wisdom,

Marion
Albuquerque, NM

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

Tags
lodging, work
Similar Threads
Thread Forum Replies Last Post
Lodging deduction question
Chris Ruehrwein: Is this taxable Income? An employer requires all employees to live at their hotel(A) for their convenance. They do not provide a cash allowance and...
Taxes 1 09-20-2008 11:33 PM
Medical expenses, lodging and travel
Pologirl: In 2006 I gave birth to my second child. She was diagnosed in utero with a tumor. To obtain adequate medical care for me and the baby, we...
Taxes 1 01-08-2007 02:51 AM
Hotel lodging furnished by client
rgb7799remove@ev1remove.net: An independent contractor filing Sched C does some consulting work for a few days in another state. The corporate client houses the contractor in...
Taxes 2 04-13-2005 06:33 PM
What can deduction be claimed when lodging is "free"?
garrettsinclair@hotmail.com: Is there any guideline for deducting a minimum amount when traveling on business and staying at a friend's house? I seem to recall some nominal...
Taxes 5 02-15-2005 06:47 AM



Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

All times are GMT. The time now is 05:08 PM.