A reader wrote: How does one go about auditing cell phone use? We currently don’t do an audit and can’t figure out how to do one. Even if the employee keeps a detailed record of their business and personal calls, how do we know that the person they indicated is “business” is actually “business” and not “personal”? Any help is greatly appreciated.
All I could think is UGGGHHHH! Tracking minutes on a $49 bill - they have GOT to be kidding! But, I knew the IRS wasn’t. Do they ever? When we wrote about this in our ezine (click here to sign up) several readers wrote in with their solutions as well as a regulatory update (cross your fingers and start praying).
David Farrell, a CPA with the City of Boulder provided us with the following info.
Several groups including the AIPCA and GFOA are working with Congress to eliminate cell phones as ‘listed property’. H.R. 5719, the “Taxpayer Assistance and Simplification Act of 2008,” was passed by the House on April 15. The cell phone provision of H.R. 5719 would remove cell phones and similar telecommunications equipment from the definition of “listed property” in the Internal Revenue Code. “Technology and business practices have changed significantly since cell phones were first introduced and required to be treated as “listed property,” Ochsenschlager AICPA vice president for taxation said. “It’s time to lift these burdensome rules off taxpayers.”
Here’s some additional information from the Government Finance Officers Association (GFOA) website: The GFOA, the National Association of State Auditors, Comptrollers and Treasurers, and other state and local government groups are working with members of Congress and a state and local government advisory group to help the Internal Revenue Service (IRS) better understand the problems governments face with personal and professional cell phone record keeping associated with government-provided phones or PDAs. The current IRS regulations, written in 1989 when most cell phone calls were charged by the minute, mandate that governments (and all employers) track and charge the employee for all personal calls made on employer-provided phones, or alternatively, charge employees the full value of the devices. With the significant enhancements in technology and pricing of phone services, itemizing personal calls has become a nearly impossible task.
Another reader graciously offered the following website for those interested in tracking the legislative process.
http://www.rcrnews.com/apps/pbcs.dll/article?AID=/20080216/SUB/424338990&SearchID=73309866665221
Well, now all we can do is pray that the Senate and the President don’t let us down - and against the odds, I am resisting the temptation to comment on that!