STRATEGIC ISSUES...ONLINE
For week
of December 19, 2005, Issue #241
Featured
Articles:
1. Personal Use
of a Business Cell Phone Could Trigger Unintended Tax
Consequences
2. Focus on
Fraud: Corporate & Identity Theft, Part 9 - Notes
If you
would like to have further information on any of these
articles, let us know. We would appreciate receiving
your comments and/or suggestions, anytime!
acarroll@pmcpa.com
1. Personal Use of
a Business Cell Phone Could Trigger Unintended Tax
Consequences
Many employers provide
BlackBerries, cell phones and laptops to their employees.
Because the devices are portable, employees often take them
home. Some employers hold their employees to a strict "no
personal use" policy of company cell phones and other
electronic equipment. Most employers don't. They may want to
re-evaluate their policies in light of the reportedly keen IRS
interest in personal use of employer-provided cell phones,
BlackBerries and laptops.
According to some reports, the IRS
is starting to take the position that employer-provided cell
phones and other portable electronic divides are working
condition fringe benefits. Personal use should be taxed to
the employee as compensation with the employer responsible for
federal withholding.
When people think of working
condition fringe benefits, cell phones don't usually pop into
their minds first. More traditional fringe benefits, such as
company cars, do. If an employer provides a company car to a
salesperson and she is allowed to use the car for personal
purposes, the employer must include the value of this non-cash
fringe benefit in her wage as part of compensation.
Technically, the same treatment could apply to
employer-provided cell phones, Blackberries and laptops if
employers permit personal use.
The issue may be magnified for
non-profits. If the IRS determines that a benefit, such as a
cell phone or BlackBerry, is an excess benefit provided to a
key employee, the non-profit could get hit with some hefty
penalties.
Businesses and non-profits
concerned about potential problems should immediately review
their official policy about personal use of employer-provided
cell phones, BlackBerries and laptops. If they don't have a
policy, it may be time to implement one.
Permitting employees to use cell
phones and other portable electronic devices for personal use
is probably the most common employer policy. More likely than
not, it's an unofficial policy. Its continuing viability
likely will be determined by what the IRS does over the coming
months. If the IRS is really committed to going after
personal use of cell phones, BlackBerries and laptops,
employers will have to make some changes.
2. Focus on
Fraud: Corporate & Identity Theft, Part 9 - Notes
Identity Crime Entrenched –
Databases (continued)
CREDIT AGENCY DATABASES
TransUnion, Equifax, and Experian
credit agencies each keep their own databases
GOVERNMENT DATABASES
After HIPPA, the next two
databases that are most comprehensive are Social Security
Administration and US Internal Revenue Service
US Selective Service database on
US males
All of the driver license
databases
Department of Homeland Security
travelers database monitoring individuals into/out of and
traveling within the US
And on and on and on
These are gold mines for identity
theft, terrorists’ networks
Reminder: Computers do not steal
identities
Three layers of protection for –
People who maintain
confidentiality of personal information, but process it too
Methods to secure
theses work processes
Computer and network
security
Part 10 – Notes . . . next week
Identity Crime Escalating
Microsoft designed Internet Explorer to let programmers add
extra features through add-ons. By installing an add-on
program -- toolbars, stock tickers, and program launchers, for
instance -- users could wring a little more work out of
Internet Explorer. Similarly, many sites use ActiveX -- a
fancy word for little programs that add animation and other
flashy tricks to a Web site.
Unfortunately, programmers began creating add-ons and ActiveX
programs that can harm users. Some of these can spy on
your activities, bombard your screen with additional ads,
redirect your home page to another site. Worst yet, some
renegade add-ons can install themselves as soon as you visit a
Web site -- without asking your permission.
For instance, some sites send a barrage of pop-up windows to
MS Internet Explorer. As you struggle to close them all, you
may accidentally click an OK button, allowing the site to
install its evil add-on.
MS Windows XP's Service Pack 2 packs some new guns to combat
these troublemakers. First, if a site tries to sneak a program
onto your computer, MS Internet Explorer quickly blocks it,
sending a warning across the top of MS Internet Explorer's
screen. Clicking the warning reveals your options, which are
basically to allow the download or software install, or to get
more information about it.
Be forewarned.
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