Change and Continuity in Fringe Benefit Taxation: Seeking Sense and Sensibility

22 Pages Posted: 11 Mar 2015

See all articles by Richard L. Kaplan

Richard L. Kaplan

University of Illinois College of Law

Dawson Price

Private Practice

Date Written: March 6, 2015

Abstract

This article examines the expansion of excludible fringe benefits in the U.S. federal income tax to simplify this very important area by returning to first principles of income inclusion. It begins by tracing the evolution of fringe benefit taxation as the Internal Revenue Service struggled to create a consistent framework for analyzing these exclusions with various theories that do not advance tax policy objectives and are now outdated. The article then proposes excluding only those fringe benefits that are necessary for an employee to complete his or her duties or are required for closely calibrated administrability concerns. This approach is then applied to the more significant fringe benefits in the present tax code.

Suggested Citation

Kaplan, Richard L. and Price, Dawson, Change and Continuity in Fringe Benefit Taxation: Seeking Sense and Sensibility (March 6, 2015). New York Law School Law Review, Vol. 59, 2014/15, pp. 285-306; University of Illinois College of Law Legal Studies Research Paper No. 15-13. Available at SSRN: https://ssrn.com/abstract=2575740

Richard L. Kaplan (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
(217) 333-2499 (Phone)
(217) 244-1478 (Fax)

Dawson Price

Private Practice ( email )

Chicago, IL
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
61
Abstract Views
1,347
rank
353,642
PlumX Metrics