Your Cell Phone May Qualify for 100% Tax-Free Reimbursement

When a church or business provides an employee or a minister with a cell phone, smartphone or similar telecommunications equipment primarily for non-compensatory business reasons, the following great things happen:

  • The employee’s or minister’s business use is a working condition fringe benefit that is excludable from income (and self-employment tax).
  • The employee’s or minister’s personal use is excludable from income as a de minimis fringe benefit.
  • The employee or minister does not have to keep records of business use.
  • The tax code nondiscrimination requirements do not apply. This means the church or business can pick and choose who gets the smartphone benefits.
  • This works whether the minister receives a 1099 or a W2—in other words, it’s good for independent contractors as well.   (Also for partners in a partnership).

This tax-free benefit covers both the cost of the device and the bill for monthly service.  There are no accountable plan rules here.  You just need a reasonable calculation, but best is to reimburse based on the phone bill.

What are non-compensatory business reasons?   According to the IRS audit manual, these payments are not considered income if:

“The employee must maintain the type of cell phone coverage that is reasonably related to the needs of the employer’s business, and

The reimbursement must be reasonably calculated so as not to exceed expenses the employee actually incurred in maintaining the cell phone.”

(There are other requirements for businesses that do not apply to churches.)

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