Employer-Provided Cell Phones May Generally Be Treated as Nontaxable Fringe

McDermott Will & Emery
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The Internal Revenue Service recently issued a notice specifying that the business and personal use of an employer-provided cell phone, or other similar telecommunications equipment (e.g., PDAs and BlackBerrys), will generally be treated as nontaxable to the employee, if the employer has provided the cell phone primarily for noncompensatory business reasons. The tax relief takes effect immediately.

On September 14, 2011, the Internal Revenue Service (IRS) issued Notice 2011-72 (Notice), which provides long-awaited relief concerning the tax treatment for employee use of employer-provided cellular telephones or other similar telecommunications equipment (e.g., PDAs and BlackBerrys). The Notice provides that...

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