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Nia Thompson

Are Gift Cards for Employees Taxable? Using Credit Card Points as Employee Gifts

We're a small nonprofit with just 3-4 team members and we're thinking about giving our employees $250-$300 gift cards during the holidays using our credit card points. Here's where it gets tricky - since we're such a new nonprofit, our CEO had to personally guarantee the credit card for the first couple years. The card is definitely in our nonprofit's name, but the CEO is the one who's on the hook if we couldn't pay. I'm trying to figure out if there's any way these gift cards could be non-taxable for our employees. I've been reading about the de minimis fringe benefit rules and it sounds like anything over $100 generally needs to be reported as taxable income. But I'm wondering - since technically the credit card points might be considered the CEO's (since they're personally guaranteeing the card), could that make the gift cards non-taxable? Like would they count as personal gifts from the CEO instead of compensation from the nonprofit? Any advice on this would be super helpful! Just trying to make sure we're following all the IRS rules correctly while still doing something nice for our tiny team.

The key issue here is whether these gift cards are considered compensation (taxable) or true gifts (potentially non-taxable). Unfortunately, gift cards given by employers to employees are almost always considered compensation regardless of the source of funds. Even though your CEO personally guaranteed the card, since the credit card is in the nonprofit's name and the points were earned through organizational spending, the IRS would likely view this as coming from the employer, not a personal gift from the CEO. The de minimis exception typically applies to items of minimal value (small holiday gifts, occasional meals, etc.) but cash equivalents like gift cards generally don't qualify regardless of amount. You have a few options: 1) Provide the gift cards but include them as taxable compensation on W-2s, 2) Consider non-cash gifts under $75 that might qualify as de minimis, or 3) The CEO could personally provide gifts outside the employment relationship, but this needs clear documentation that they're truly personal.

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What if the CEO transfers the points to their personal account first, and then gives the gift cards? Would that create enough separation to make them personal gifts?

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Unfortunately, that probably wouldn't create enough separation. The IRS looks at the substance of transactions, not just their form. Since the points were earned through company spending and the original intent is to reward employees, simply routing them through the CEO's personal account wouldn't change their character as compensation. For a truly personal gift, the CEO would need to use resources that were never connected to the business and give gifts for personal reasons (like friendship) rather than employment-related reasons. The timing (end of year, same amount to all employees) strongly suggests these are bonuses, not personal gifts.

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One loophole you might consider - you can give non-cash gifts (not gift cards) under $75 and they're usually considered de minimis and non-taxable. Maybe instead of gift cards, you could buy actual items with those credit card points? Things like headphones, small electronics, or gift baskets typically qualify. Just don't go above that ~$75 threshold per gift or you're back in taxable territory. And definitely don't give cash or cash equivalents if you want to keep it non-taxable.

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Jamal Brown

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Does the $75 limit apply to the total value of gifts throughout the year or is it per gift? Like could you give a $50 gift in summer and another $50 during holidays?

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The $75 limit is generally per instance rather than an annual total. So yes, you could potentially give a $50 item at one point and another $50 item later in the year, and each could separately qualify as de minimis. What's important is that each gift needs to be occasional and not routine - if you start giving gifts regularly on a schedule, the IRS might view them collectively as a form of compensation. The key to the de minimis exception is that the gifts should be small enough and infrequent enough that accounting for them would be unreasonable.

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Mei Zhang

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wait couldn't you just not report the gift cards? I mean if its only $250-$300 per person and only 3-4 employees, thats like $1000 total. seems unlikely the IRS would audit a tiny nonprofit over such a small amount?? just saying what I've seen lots of small businesses do...

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This is terrible advice. Intentionally not reporting taxable compensation is tax fraud, regardless of the amount. Small nonprofits actually face MORE scrutiny in many cases because they have filing requirements to maintain tax-exempt status. The risk just isn't worth it for such a small amount.

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Seriously bad idea. I work with nonprofits and they get audited way more often than people think. Plus, as a nonprofit, you have a higher standard to maintain your exempt status. One finding of deliberately underreporting employee compensation could threaten your entire organization. Don't risk it.

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Nora Brooks

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As someone who's dealt with similar nonprofit tax situations, I'd recommend being extra cautious here. The personal guarantee on the credit card doesn't change the fact that the card is in the nonprofit's name and the points were earned through organizational spending. The IRS will look at the economic substance of the transaction - employees receiving compensation from their employer. If you really want to give meaningful gifts, consider the $75 non-cash de minimis route others mentioned, or just bite the bullet and report the gift cards as taxable compensation. It's not ideal, but it keeps you compliant. You could even gross up the gift amount to cover the tax burden for your employees if budget allows. Remember, as a nonprofit, maintaining your tax-exempt status is worth way more than the hassle of properly reporting these gifts. Don't let a well-intentioned gesture put your organization at risk.

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