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Example: Joe drives his agency-provided car for 2,000 personal miles in 2009. The amount <br />included as a wage is $1,100 (55 cents x 2,000 personal miles) or if no fuel is provided it would <br />be $980 (49.5 cents x 2000 miles). <br />Commuting Valuation Rule <br />Personal use for commuting can be valued at $1.50 each way if: <br />• The vehicle is owned or leased by the employer; <br />• The vehicle is provided to the employee for business use; and <br />• The employer requires the employee to commute in the vehicle for a valid non- <br />compensatory business reasons <br />• Employer has a written policy prohibiting personal use other than commuting, and <br />• Employee does not use the vehicle for other than de minimis personal use <br />If more than one employee commutes in the vehicle, the $1.50 each-way rule applies to each <br />employee. Reg. ¢1.61-21(1) <br />Note: The employer must require the employee to use the vehicle for a business purpose; it <br />cannot be voluntary on the employee's part. <br />Example: A transportation employee, who is on ca1124 hours a day to respond to road <br />emergencies, is required by his employer to commute in a vehicle outfitted with communications <br />or other equipment the employee would need if called out at night. <br />Commuting Rule Not Available for "Control Employee" <br />Personal use of a vehicle by a "control employee" cannot be valued using the commuting <br />valuation rule ($1.50 rule). A control employee in a governmental organization is either an: <br />1. Elected official, or an <br />2. Employee whose compensation is at least as great as a Federal government <br />employee at Executive Level V (2009 - $143,500) Reg. ,¢1.61-21(f)(6) ; EO 12/19/08 <br />Instead of the above defmition of control employee, the employer may treat all employees who <br />are "highly compensated" (Generally, for 2009, those exceeding $110,000 compensation) as their <br />only control employees. IR 2008-18; Reg. 1.132-8(1) <br />Example: An agency in a rural area does not have secure parking and has had a history of <br />vandalism to its vehicles. The employer requires employees using the vehicles for the day on <br />business to take the vehicles home overnight. The trip home and to the office the next day is <br />considered taxable personal commuting. The commuting may be valued at $1.50 each way since <br />the employee had a valid noncompensatory business reason for commuting in the employer's <br />52 <br />