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Immigration Legal Fees- Taxability

If the company is paying for legal fees to help an employee on immigration status (not work visa, the employee already has a work visa, just trying to get immigration status) are the fees taxable as a fringe benefit?

Answers

Anonymous
(CFO) |

Define ....."help" and when you say "taxable", you mean to the employee right?

April Duley
Title: Assistant Controller
Company: GreenWorld Restoration
(Assistant Controller, GreenWorld Restoration) |

yes to the employee, like how you treat fringe benefits

Ross Anderson, CPA, MBA
Title: Controller
Company: TFS Capital
(Controller, TFS Capital) |

Who "benefits"? If it's the employer, then I would think that it's non-taxable, but if it's the employee then likely it would be. I searched the IRS website quick and could not find it, but there probably is something buried in there that addresses something along those lines.

Topic Expert
Wayne Spivak
Title: President & CFO
Company: SBAConsulting.com
LinkedIn Profile
(President & CFO, SBAConsulting.com) |

Having worked in this area, the laws are uneven. The employer is supposed to absorb the fees for the VISA (but in that industry I was in, this is the exception, not the rule).

"...Added work involving immigration status"; I'm not sure what you mean.

If it's to renew a VISA, I answered that. If it is to go to a green card, I think Ross answered that.

Anonymous
(Assistant Controller) |

The employee has a working Visa, it is legal fees to help the employee change immigration status so the employee will not have to depend on Visa (which expires in a few years). I also was looking for IRS regulation, but could not find anything.

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