Foo - Ethical Dilemma

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View Full Version : Ethical Dilemma


Hillary 2016
09-15-09, 04:30 PM
Usually my ethical dilemmas have something to do with how hard to kick couch in the beanbag. This one is a little bit different.

I started a new job in July. This job offers mileage reimbursement. The policy says the reimbursement is for "miles traveled while performing job duties." There is no mention of driving or a car in policy. Since I use a bike for most trips, is it ethical to accept reimbursement?

At the job interview, I specifically asked about using a bike for travel. I was told that I get an hour for lunch and thirty minutes in breaks. How and when I use that time is up to me. I took that to mean if it took under 90 minutes to travel by bike I was OK.

Just so we are clear, I am not asking if this is right by policy. It is. I am asking if it is ethically right to accept this money when the intention is to reimburse people for gas and maintenance.


HardyWeinberg
09-15-09, 04:44 PM
I assume when you present your reimbursement request the HR person would thank you for pointing out the ambiguity in the letter of their policy and revise it on the spot. Will you argue to be grandfathered in?

StupidlyBrave
09-15-09, 04:44 PM
I think not. This is largely controlled by the IRS which omits bicycles in the description of mileage reimbursement (http://www.irs.gov/newsroom/article/0,,id=200505,00.html).

This is something that should probably change.


Jynx
09-15-09, 04:44 PM
Usually my ethical dilemmas have something to do with how hard to kick couch in the beanbag. This one is a little bit different.

I started a new job in July. This job offers mileage reimbursement. The policy says the reimbursement is for "miles traveled while performing job duties." There is no mention of driving or a car in policy. Since I use a bike for most trips, is it ethical to accept reimbursement? At the job interview, I specifically asked about using a bike for travel. I was told that I get an hour for lunch and thirty minutes in breaks. How and when I use that time is up to me. I took that to mean if it took under 90 minutes to travel by bike I was OK.

Just so we are clear, I am not asking if this is right by policy. It is. I am asking if it is ethically right to accept this money when the intention is to reimburse people for gas and maintenance.

were you both talking about the same thing? it seems they will reimburse you for use during work and then when asked if you could use your bike they menntioned on your breaks.

Tude
09-15-09, 04:49 PM
I think not. This is largely controlled by the IRS which omits bicycles in the description of mileage reimbursement (http://www.irs.gov/newsroom/article/0,,id=200505,00.html).

This is something that should probably change.

Huh, interesting, never really gave it at thought ... have a co worker who rides about 75% of the time and has been using his bike to travel to community sites, etc (of which vehicles would be reimbursed) and he has not submitted time - hmm - will take a look at his stuff the next time it crosses my desk.

ehidle
09-15-09, 05:00 PM
You cannot deduct the standard mileage rate for use of a two-wheeled vehicle of any kind, motorized or not, or any aircraft, or any vehicle with more than four wheels. You must use the actual cost as your deduction, adjusted to the proportion of mileage during the year that was used for business.

You must track, record, and save the receipt, for any costs you incur in the maintenance and upkeep of your two-wheeled vehicle, including using a DOT-certified mileage measuring device (sorry, bicycle owners - this means a factory odometer), or factory-installed hobbs meter on aircraft.

Tude
09-15-09, 05:03 PM
You cannot deduct the standard mileage rate for use of a two-wheeled vehicle of any kind, motorized or not, or any aircraft, or any vehicle with more than four wheels. You must use the actual cost as your deduction, adjusted to the proportion of mileage during the year that was used for business.

You must track, record, and save the receipt, for any costs you incur in the maintenance and upkeep of your two-wheeled vehicle, including using a DOT-certified mileage measuring device (sorry, bicycle owners - this means a factory odometer), or factory-installed hobbs meter on aircraft.

SPOIL SPORT!

(j/k :))

Hillary 2016
09-15-09, 05:11 PM
were you both talking about the same thing? it seems they will reimburse you for use during work and then when asked if you could use your bike they menntioned on your breaks.

I was using that to indicate that work is fine with my using the bike to get from place to place. As long as I put in eight hours of work, they are very flexible about what I do. I've worked with this place (not for this place) for a long time. They know that I use a bike for about 85% of my travels.

Hillary 2016
09-15-09, 05:19 PM
You cannot deduct the standard mileage rate for use of a two-wheeled vehicle of any kind, motorized or not, or any aircraft, or any vehicle with more than four wheels. You must use the actual cost as your deduction, adjusted to the proportion of mileage during the year that was used for business.

You must track, record, and save the receipt, for any costs you incur in the maintenance and upkeep of your two-wheeled vehicle, including using a DOT-certified mileage measuring device (sorry, bicycle owners - this means a factory odometer), or factory-installed hobbs meter on aircraft.

Well, that explains it. I never thought something like this would be covered by law. Maybe now, I will point out that I will be saving them a bit of cash. The finance department already love me because I don't use their insurance.

Tude
09-15-09, 05:31 PM
Well, that explains it. I never thought something like this would be covered by law. Maybe now, I will point out that I will be saving them a bit of cash. The finance department already love me because I don't use their insurance.

What about the Commuter Act - for the woohoo $20 tax credit/month (hey it was voted in last year) from employers to employees commuting on bicycles? You ever try it - I have run into people who ARE receiving it. I approached my useless human resources dept with the Dean of my campus in my back pocket (I ride with him and many other professors on campus) and ... that was last year. We have a new college president now, may try again. Hey it's something, and I surely do take some wear and tear on the bike from winter, every year new cables all way round, brake pads at least to the back, rebuild bottom bracket -and now they say (although it doesn't look that bad) my back cassette is shot. Bike is 3 yrs old. Oh and tires, etc etc. Stuff wears in the winter from the cinder and salt.

crackerjab
09-15-09, 09:40 PM
You cannot deduct the standard mileage rate for use of a two-wheeled vehicle of any kind, motorized or not, or any aircraft, or any vehicle with more than four wheels. You must use the actual cost as your deduction, adjusted to the proportion of mileage during the year that was used for business.

You must track, record, and save the receipt, for any costs you incur in the maintenance and upkeep of your two-wheeled vehicle, including using a DOT-certified mileage measuring device (sorry, bicycle owners - this means a factory odometer), or factory-installed hobbs meter on aircraft.

This is an IRS policy not an employer policy. I provide on my expense report a map and route of the most logical way to get from point A to point B. It doesn't matter how I get there. Case in point, I have on numerous occasions taken a train from Charlotte to Greensboro with my bike. I pay out of pocket the cost of the train ride and claim the mileage. The accounting department is well aware of what I do as. So long as I can provide them with a logical route from point A to point B they don't care. When my employer pays for my travel expenses, airfare, car rental, taxi, etc..., I do not get reimbursed for mileage.

skiahh
09-16-09, 12:02 AM
You cannot deduct the standard mileage rate for use of a two-wheeled vehicle of any kind, motorized or not, or any aircraft, or any vehicle with more than four wheels. You must use the actual cost as your deduction, adjusted to the proportion of mileage during the year that was used for business.

You must track, record, and save the receipt, for any costs you incur in the maintenance and upkeep of your two-wheeled vehicle, including using a DOT-certified mileage measuring device (sorry, bicycle owners - this means a factory odometer), or factory-installed hobbs meter on aircraft.

Not sure I agree with this. I'm in the military and they use the Government's standard rates for reimbursement, based off the IRS tables. When I travel, I have the option to use a POV (personally owned vehicle). There are several options for the type, each with different reimbursement rates. I can use a car or a motorcycle or an airplane. I can look up the reimbursement rates on military sites or the GSA site (http://www.gsa.gov/Portal/gsa/ep/contentView.do?programId=15580&channelId=-24651&ooid=10359&contentId=9646&pageTypeId=17113&contentType=GSA_BASIC&programPage=%2Fep%2Fprogram%2FgsaBasic.jsp&P=MTT). Currently, it's $1.25/mile for a plane, $.55/mile for a car and $.52/mile for a motorcycle.

But $0.00 for bicycles.

ilikebikes
09-16-09, 02:04 AM
Usually my ethical dilemmas have something to do with how hard to kick couch in the beanbag. This one is a little bit different.

I started a new job in July. This job offers mileage reimbursement. The policy says the reimbursement is for "miles traveled while performing job duties." There is no mention of driving or a car in policy. Since I use a bike for most trips, is it ethical to accept reimbursement?

At the job interview, I specifically asked about using a bike for travel. I was told that I get an hour for lunch and thirty minutes in breaks. How and when I use that time is up to me. I took that to mean if it took under 90 minutes to travel by bike I was OK.

Just so we are clear, I am not asking if this is right by policy. It is. I am asking if it is ethically right to accept this money when the intention is to reimburse people for gas and maintenance.


gas = food, maintenance = maintenence, you have to eat to keep your strenth up, and you have to keep your bike in tip top if you want to get to and from work right? :thumb: don't sweat it, it's legit. :)

jsharr
09-16-09, 07:35 AM
this thread is not ****** in the least. this makes me confused.

couch_incident
09-16-09, 08:47 AM
I hate this thread.

Couch

couch_incident
09-16-09, 08:47 AM
this thread is not ****** in the least. this makes me confused.

Don't worry, it's ****** my friend.

Couch

ilikebikes
09-16-09, 09:30 AM
this thread is not ****** in the least. this makes me confused.

http://i5.photobucket.com/albums/y167/stumpyspic/******.jpg

****!

jsharr
09-16-09, 09:31 AM
if that is hillary, he needs a new hair cut and style.

Little Darwin
09-16-09, 09:43 AM
Based on my limited understanding of the tax law...

Your company can reimburse for whatever they want to reimburse you for. However, if it is not an allowable IRS reimbursement (for example car mileage, train fare etc) then it should be reported as taxable income.

Another example is that when I relocated, I received reimbursement for the move, and also a tax allowance to offset the taxes on the moving expenses... In other words, my taxable income that year included my moving costs, plus the allowance... I paid taxes on my salary, the moving expense reimbursement and the tax allowance.

enine
09-16-09, 12:14 PM
Its been years since I got reimbursed for travel but back when I did they never required any real proof, i.e they didn't ask for any before or after odometer readings, they just asked for the total miles driven. There were times when I would detour on the return home and explore things in the area I was sent to so I would just go to a mapping site (I think mapquest was the one then) and plot the route from the office to the customer then use that mileage. As long as I was pretty close to what other employees returned for the same drive everything came out Ok. So how woould the IRS know what kind of vehicle was being used for the transporation?

ehidle
09-16-09, 06:36 PM
Not sure I agree with this.

Probably because we're talking about two different things. Deductions and reimbursement are separate animals. The GSA sets the reimbursement rate for their employees, just as most companies do. The IRS says what is deductible.

Generally, a company will reimburse an employee at the same rate as the deduction to make the employee's taxes easier. If the company reimburses at a greater rate, the employee must report the difference as income. If the employer reimburses below the rate, the employee can sometimes claim an unreimbursed business expense (and sometimes they cannot).

The GSA is required by law to set reimbursement rates for A/C and motorcycles, even though the IRS does not allow standard mileage deductions for these types of vehicles. The employee may be reimbursed $1.25/mile for aircraft, but there is nothing in the IRS rules that says an employee can deduct that rate for the miles traveled.



Pursuant to 5 U.S.C. 5707(b), the Administrator of General Services
has the responsibility to establish POV mileage reimbursement rates that
Federal employees are entitled to when they use a POA, motorcycle or
airplane for official business. To set the rates, GSA is required to
periodically investigate the cost to Government employees of operating
a POV while on official travel, and consult with the Secretaries of
Defense and Transportation, and representatives of Government employee
organizations. GSA conducted investigative reports on the mileage rates
for motorcycles and airplanes. The Internal Revenue Service (IRS)
conducted an investigative report on the mileage rates for a POA to
compute the deductible cost of operating passenger vehicles for
business purposes. GSA analyzed the data in the IRS report and adopted
the findings.


(emphases mine - note the italicized section mentions POA, but not A/C or M/C)

The data that the GSA uses to set reimbursement rates does not only come from the IRS, and the only information they do get from the IRS concerns POA - not motorcycles or aircraft. There are no set IRS mileage rates for aircraft and motorcycles.

SingingSabre
09-16-09, 07:46 PM
What about the Commuter Act - for the woohoo $20 tax credit/month (hey it was voted in last year) from employers to employees commuting on bicycles? You ever try it - I have run into people who ARE receiving it. I approached my useless human resources dept with the Dean of my campus in my back pocket (I ride with him and many other professors on campus) and ... that was last year. We have a new college president now, may try again. Hey it's something, and I surely do take some wear and tear on the bike from winter, every year new cables all way round, brake pads at least to the back, rebuild bottom bracket -and now they say (although it doesn't look that bad) my back cassette is shot. Bike is 3 yrs old. Oh and tires, etc etc. Stuff wears in the winter from the cinder and salt.

How does one approach an employer about this?

coldfeet
09-16-09, 09:18 PM
I see no ethical dilemma, only question I would have, "Will I get caught?"

RedRider2009
09-16-09, 10:37 PM
I think you should accept however much it costs you to maintain your bike...80 dollars for tires, and whatever else you commonly use, that is an expense to you only because you ride to work.

formerly RE
09-17-09, 01:25 AM
I sometimes use car and sometimes use bicycle when moving from place to place at work. They will reimburse car mileage but not bicycle mileage. I asked when I started.

...But they will let me charge my electric bike at my main site.

Hillary 2016
09-17-09, 05:00 AM
I went in yesterday to ask HR about this. I mentioned the IRS code and was told that was only if I was not reimbursed and was asking for relief when filing my taxes. The company can reimburse me for what ever they want.

The final agreement was that as long as I used approved mileage, I could be reimbursed.

A side note, they were a little surprised that someone would be honest about this. One of the first questions was, "How would we know how you got from point A to point B?" They were wavering for a few minutes. I think the determining answer was when they asked about if I would still ride a bike if I wasn't reimbursed. When I said yes, they started talking about what they could do.

(Sorry jsharr, I was going to post something ******, but every time I tried I pictured the HR lady and just couldn't do it.)

coldfeet
09-17-09, 05:35 AM
I went in yesterday to ask HR about this. I mentioned the IRS code and was told that was only if I was not reimbursed and was asking for relief when filing my taxes. The company can reimburse me for what ever they want.

The final agreement was that as long as I used approved mileage, I could be reimbursed.

A side note, they were a little surprised that someone would be honest about this. One of the first questions was, "How would we know how you got from point A to point B?" They were wavering for a few minutes. I think the determining answer was when they asked about if I would still ride a bike if I wasn't reimbursed. When I said yes, they started talking about what they could do.

(Sorry jsharr, I was going to post something ******, but every time I tried I pictured the HR lady and just couldn't do it.)

Like I said, "will I get caught?"

Seriously, glad it worked out for you. Depending on your local tax code, you may have to declare it though.

formerly RE
09-17-09, 11:57 PM
I went in yesterday to ask HR about this. I mentioned the IRS code and was told that was only if I was not reimbursed and was asking for relief when filing my taxes. The company can reimburse me for what ever they want.

The final agreement was that as long as I used approved mileage, I could be reimbursed.

A side note, they were a little surprised that someone would be honest about this. One of the first questions was, "How would we know how you got from point A to point B?" They were wavering for a few minutes. I think the determining answer was when they asked about if I would still ride a bike if I wasn't reimbursed. When I said yes, they started talking about what they could do.



Asking is the best policy. Then everything is on the up and up. Congratulations on earning mileage for your pedaling. Your bicycle is now a money maker. :thumb:

Wish I'd have received the same answer. :(

Wordbiker
09-18-09, 12:24 AM
The funny thing about ethical dilemmas is that if you have no ethics, there's no dilemma.

enine
09-18-09, 06:42 AM
...But they will let me charge my electric bike at my main site.

By the letter of the law, wouldn't that be a motor cycle?

jsharr
09-18-09, 07:45 AM
The funny thing about ethical dilemmas is that if you have no ethics, there's no dilemma.

What about a dill enema?

crackerjab
09-18-09, 08:08 AM
What about a dill enema?

Hide the pickle?

jsharr
09-18-09, 08:13 AM
At the very least throw it away after.