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ah that's not true...the IRS will audit people, and if taxes are owed go after it....but what they do is handle this civilly, they argue with accountants, often even go to a IRS Tax Court over it....because they are frankly arguing over subjective thingsThey often don’t. That doesn’t make it any more legal.
The CFO was also running their payroll company, not outside accountants. He’s an accountant. This isn’t grey area. This is clearly not within the law. I’d love to see them argue ignorance of the law because they’d have to be complete idiots for that to be true. Weisselberg is not an idiot.Self Defense is certainly an affirmative defense...with that said, once it's raised, it's the burden of the Govt to show that it wasn't self-defense.
I don't see this being an affirmative defense...but whatever...still an unhill battle to prove criminal liability....in particular since he used third party accountants Typcially this is argued over auditors and accountants....this unprecedented move by Vance, is going to be a difficult burden to prove...but we know he doesn't really intent to go to trial over this.
I don't know if he can meet the requirements or not, not sure what the evidence is. Frankly, maybe he should pay taxes on the benefit...
He saw the apartment, which means he benefited from it and that becomes a taxable benefit.again, the man never saw a dime. No money, no taxes. You still haven't explained what tax money you think is owed.
how do you presume to know this?Lastly, let’s not overlook the ledger which has the rent for the apartment taken out of his “base salary”.
also you don't have to prove all three conditions...I reviewed what I posted again...the word "or" not "and" is used....either of those conditions meet the exemption.Funny how you claim the IRS definition isn’t relevant but you’re using IRS definitions to determine if it is taxable. These are contradictory and only one is correct. The IRS definitions are relevant.
When you listed the conditions that lodging is tax free, you neglected to note that you have to fit all three conditions, not just one.
Further, it’s extremely unlikely that the housing could be considered to be at the convenience of the employer anyway.
post a statute then.It would appear you only think salary is taxable. That’s quite naive.
The IRS let’s things slide all the time when they don’t think it’s worth the effort. Or they don’t pick it up in the first place. The GOP has spent decades whittling down the IRS.ah that's not true...the IRS will audit people, and if taxes are owed go after it....but what they do is handle this civilly, they argue with accountants, often even go to a IRS Tax Court over it....because they are frankly arguing over subjective things
The move by Vance is unprecedented, and done for the sole purpose of trying to show something for his half a decade long witch hunt of Trump
Not necessarily....as I have highlighted: How Is Corporate Housing Taxed? Is It Tax-Deductible?Providing a tax free benefit in lieu of taxable salary is illegal.
hahaha show me one time the GOP has "whittled down the IRS"The IRS let’s things slide all the time when they don’t think it’s worth the effort. Or they don’t pick it up in the first place. The GOP has spent decades whittling down the IRS.
Prosecuting tax frauds is not unprecedented.
also you don't have to prove all three conditions...I reviewed what I posted again...the word "or" not "and" is used....either of those conditions meet the exemption.
hahaha show me one time the GOP has "whittled down the IRS"
So the IRS doesn't audit people because of the GOP...that's just rich...no pun intended.
www.propublica.org
This goes through what is and isn’t taxable and lists relevant code for each. Have fun!post a statute then.
Providing a tax free benefit in lieu of taxable salary is illegal.
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Boy, you really have a lot of catching up to do.Do You Pay Housing for Employees? What Is Taxable, What Is Not
Employee housing benefits may not be taxable to employees if they meet three conditions. How to report this benefit on the employee's tax return.www.thebalancesmb.com
Some businesses pay housing expenses—the IRS calls them lodging expenses—for employees. Depending on the circumstances, certain housing and living benefits can be taxable to the employee, and sometimes these benefits can be a deductible business expense for your company.
how do you know this didn't happen in his pay?This goes through what is and isn’t taxable and lists relevant code for each. Have fun!
Alternative Rule for Income Tax Withholding The employer may elect to add taxable fringe benefits to employee regular wages and withhold on the total or may withhold on the benefit at the supplemental wage flat rate of 22% (for tax years beginning after 2017 and before 2026). Treas. Regs. 31.3402(g)-1 and 31.3501(a)-1TBoy, you really have a lot of catching up to do.
Because they didn’t even list the rent as wages.how do you know this didn't happen in his pay?
Alternative Rule for Income Tax Withholding The employer may elect to add taxable fringe benefits to employee regular wages and withhold on the total or may withhold on the benefit at the supplemental wage flat rate of 22% (for tax years beginning after 2017 and before 2026). Treas. Regs. 31.3402(g)-1 and 31.3501(a)-1T
maybe the company included it in his tax withholdings. How would you know?He saw the apartment, which means he benefited from it and that becomes a taxable benefit.
It would appear you only think salary is taxable. That’s quite naive.
Sounds like we have some issues here...over our subjective thoughts...it would have been nice had Vance followed the normal procedure and allowed the auditors and accountants to go to tax court over it...maybe then the people of NY would have lost so much money on this witch hunt, and maybe actually gotten some back taxes that might of been owed.
Looks like you have to fulfill all three. For their convenience, on site and as a condition of employment.
The employee still has to pay taxes on it. It’d be listed as wages on their W2.maybe the company included it in his tax withholdings. How would you know?
