§5706c — Title 5 Government Organization and Employees | U.S. Code

Summary

Agencies can use their administrative money, under rules from section 5707, to pay back employees (or an employee and a spouse filing jointly) for federal, state, and local income taxes that result from travel or transportation reimbursements. If they do, the payment must cover the full tax owed because of the travel pay, and for tax years 1993 and 1994 it must also cover any penalties and interest caused by agencies not withholding properly after Public Law 102–486 changed travel expense deductibility.

Title 5, §5706c

Government Organization and Employees — Source: USLM XML via OLRC

(a)Under regulations prescribed pursuant to section 5707 of this title, the head of an agency or department, or his or her designee, may use appropriations or other funds available to the agency for administrative expenses, for the reimbursement of Federal, State, and local income taxes incurred by an employee of the agency or by an employee and such employee’s spouse (if filing jointly), for any travel or transportation reimbursement made to an employee for which reimbursement or an allowance is provided.

(b)Reimbursements under this section shall include an amount equal to all income taxes for which the employee and spouse, as the case may be, would be liable due to the reimbursement for the taxes referred to in subsection (a). In addition, reimbursements under this section shall include penalties and interest, for the tax years 1993 and 1994 only, as a result of agencies failing to withhold the appropriate amounts for tax liabilities of employees affected by the change in the deductibility of travel expenses made by Public Law 102–486.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Public Law 102–486, referred to in subsec. (b), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see

Short Title

note set out under section 13201 of Title 42, The Public Health and Welfare, and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–264, § 4(c), Oct. 19, 1998, 112 Stat. 2354, provided that: “This section [enacting this section] shall be effective as of January 1, 1993.”

§5706c Reimbursement for taxes incurred on money received for travel expenses