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IRS Gives Guidance on Heart Act Changes

22. February 2010 14:28

The IRS has issued question-and-answer guidance on the recent changes to the Code by the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act). This Act’s changes enhance 401(k) and other benefits for military personnel in qualified military service.

The guidance consists of 20 questions and answers. Some of the areas the Q&As cover are:

  • Survivor and Disability Retirement Benefits With Respect to Military Service
  • Differential Wage Payments
  • In-Service Distributions

Those with plans covering employees on active military duty should review these Q&As very carefully because they make clear some areas that have been gray before.  

Click here for a copy of Notice 2010-15: Miscellaneous HEART Act Changes

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Federal Mandates


IRS Sets 2010 Maximum Vehicle Values for Cents-Per-Mile and Fleet-Average Methods of Valuing a Vehicle's Personal Use

22. February 2010 11:30
Generally, if a company car is used only for business purposes (or if the personal use is de minimis), there is no income to the employee. However, if there is income to the employee, IRS has set up two additional methods: cents-per-mile and fleet-average rules. (In order for these methods to be used, however, the vehicle's fair market value must not exceed specified dollar limits.)

Fleet-Average Rule: The fleet-average rule governs employers operating a fleet of 20 or more qualifying vehicles (depending on the average lease value). The IRS has set up the maximum vehicle values to be used in calendar year 2010. The maximum values for which the fleet-average rule may be used are $20,300 for passenger automobiles and $21,000 for trucks or vans (up from $19,900 for both in 2009).

Cents-Per-Mile: The cents-per-mile rule determines the value of an employee's personal use by multiplying the standard mileage rate (50 cents per mile for 2010) by the number of miles driven for personal purposes. The maximum values for the cents-per-mile rule are $15,300 for passenger automobiles and $16,000 for trucks or vans (up from $15,000 and $15,200, respectively, in 2009).

Click here to view Rev. Proc 2010-10, 2010-3 I.R.B. 300 (Jan 14, 2010)

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Federal Mandates


Forms 1099-SA and 5498-SA Released for HSA, Archer MSA, and Medicare Advantage MSA Trustees and Custodians

22. February 2010 11:00

The IRS has released Forms 5498-SA and 1099-SA for the 2010 tax year along with their instructions. Form 5498 must be filed by the trustees and custodians of HSAs, Archer MSAs, and Medicare Advantage MSAs to report contributions to (and the fair market value of) these accounts. They also must file Form 1099-SA to report distributions. These forms are not to be used until 2011 when the 2010 tax year is due.

Click here to view a copy of 5498-SA (2010) (HSA, Archer MSA, or Medicare Advantage MSA Information).

Click here to view a copy of 1099-SA (Distributions from an HSA, Archer MSA, or Medicare Advantage MSA) (2010).

Click here to view the instructions for both forms.

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Federal Mandates


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Disclaimer: The views and opinions on this blog are those of the author. Nothing contained in this weblog is intended as legal advice. This weblog was created to provide general information, opinions of the author and general musings. Accessing this website is not a consultation for legal advice or services and this weblog does not create an attorney-client relationship.

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