George K
Conductor
http://www.irs.gov/pub/irs-drop/a-02-18.pdf
But that might change: http://taxfoundation.org/blog/irs-considering-change-tax-treatment-travel-loyalty-pointsQuestions have been raised concerning the taxability of frequent flyer miles or other promotional items that are received as the result of business travel and used for personal purposes. There are numerous technical and administrative issues relating to these benefits on which no official guidance has been provided, including issues relating to the timing and valuation of income inclusions and the basis for identifying personal use benefits attributable to business (or official) expenditures versus those attributable to personal expenditures. Because of these unresolved issues, the IRS has not pursued a tax enforcement program with respect to promotional benefits such as frequent flyer miles.
[SIZE=13pt]Consistent with prior practice, the IRS will not assert that any taxpayer has understated his federal tax liability by reason of the receipt or personal use of frequent flyer miles or other in-kind promotional benefits attributable to the taxpayer’s business or official travel. Any future guidance on the taxability of these benefits will be applied prospectively. [/SIZE]
[SIZE=13pt]This relief does not apply to travel or other promotional benefits that are converted to cash, to compensation that is paid in the form of travel or other promotional benefits, or in other circumstances where these benefits are used for tax avoidance purposes. [/SIZE]
Gary Leff of the View from the Wing blog digs into hints that something is coming soon from the IRS on taxation of loyalty points. Currently, airline and hotel companies award miles and points to their customers and record it on their books as a liability. Tax is not due until the transaction is finalized when the customer redeems them (or the points expire).
Leff speculates that the IRS will want to change the timing to move the taxation earlier, perhaps when the points are awarded. He’s not sure, though, because although the IRS has talked about “changes to loyalty program accounting methods” as a priority for 2014, it has not offered any details about what it is thinking. The travel industry for their part sent a pre-emptive letter to the Treasury Department urging caution.
There are two reasons the IRS should be cautious here. The first is that the negatives of such a rule (potential chilling effect on successful marketing programs) outweigh the positives (the IRS gets the same amount of tax revenue, just earlier).
Second, and more problematically, taxing points and coupons when they are awarded rather than when they are redeemed means taxing revenue from transactions that have not actually happened (yet). If they never happen – if the points or coupons are lost or expire or are simply never used – it means a tax was paid on a transaction that never occurred.