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Ella Thompson

Employer Reporting Imputed Income for Training - Tax Implications?

So I started a new job back in June 2023 and signed a contract with my employer where they agreed to pay for a mandatory training program that cost $6,400. The agreement was that I would need to work for them for at least 2 years in return. In the contract, they specified that they would report this as imputed income to the IRS on a 1099-MISC and mentioned they wouldn't be withholding any taxes for it. I completed the required training in September 2023. Fast forward to today... I just got an email from HR saying they're going to withhold $1,408 (22% of that $6,400) from my next paycheck to cover the taxes for the training. This feels totally different from what I agreed to in the contract. Can they just suddenly withhold this amount when the contract specifically said they wouldn't be doing withholding? I'm confused about how imputed income works and whether this is normal practice.

This is a case of changing tax treatment after the fact, which isn't ideal. When an employer pays for training that benefits you professionally beyond your current role, that can indeed be considered imputed income - meaning it's treated as if they gave you cash, even though they paid a third party directly. Originally they told you they would report it on a 1099-MISC with no withholding, which would make you responsible for paying the taxes when you file. Now they're switching to withholding it from your paycheck, which means they're likely treating it as supplemental wages subject to the 22% flat withholding rate instead. The good news is that either way, you'll receive proper credit for taxes paid when you file your return. The withholding approach might actually be better for you since you won't have to come up with the cash to pay taxes on income you never actually received in hand.

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If they're now withholding it, would that mean they're reporting it on a W-2 instead of a 1099-MISC? Would that affect how OP needs to report it on their taxes?

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Yes, if they're withholding taxes, they're almost certainly going to include it as wages on your W-2 rather than issuing a separate 1099-MISC. This is actually cleaner for tax purposes since everything will be consolidated on one form. This won't substantially change how you report it on your taxes - either way it's taxable income. The main difference is that with W-2 reporting, you'll have already paid the associated taxes through withholding, whereas with 1099-MISC reporting you would have needed to pay those taxes when filing your return.

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Something is definitely fishy about your situation. If the contract explicitly stated they wouldn't withhold, they shouldn't suddenly change their approach. Have you talked to HR about the contract language specifically? Also, educational assistance programs can sometimes be tax-free up to $5,250 per year if they meet certain requirements under Section 127 of the tax code. Worth asking if your training might qualify for that exclusion.

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I pulled out the contract again and it definitely says "no withholding will be taken from your paycheck." I'm going to schedule a meeting with HR tomorrow to discuss the discrepancy. I hadn't heard about the educational assistance exclusion - would that apply even if the training is required for my position?

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The educational assistance exclusion can apply to required training, but there are specific requirements. The training must be part of a written educational assistance program that doesn't favor highly compensated employees, and it must meet certain other criteria. Ask HR if your company has a Section 127 educational assistance program in place. As for the withholding issue, definitely bring the contract to that meeting. They may have changed their reporting method (from 1099-MISC to W-2), which could explain the withholding, but they should have communicated this change to you first based on what was in your contract.

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They can absolutely change from no withholding to withholding if they want. Its all reported as income anyways. Id be more concerned about whether this should be taxable at all. Some job training isnt imputed income if its required for your current position (not future advancement).

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That's not entirely true. If the training primarily benefits the employer and is required for the current job, it might not be taxable. But if it gives the employee credentials that could be used elsewhere, it's typically taxable. It depends on the specifics.

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I'd strongly recommend getting this resolved in writing with HR before they make the withholding. The fact that your contract explicitly states "no withholding will be taken from your paycheck" creates a legal issue if they proceed without your agreement to modify the terms. When you meet with HR, ask them to explain: 1) Why they're changing the tax reporting method from 1099-MISC to what sounds like W-2 treatment, 2) Whether your company has a Section 127 educational assistance program that might make this training tax-free, and 3) How they plan to handle the contract discrepancy. If the training was truly mandatory for your current role and doesn't provide portable credentials for other jobs, there's a good chance it shouldn't be taxable imputed income at all. The IRS generally considers employer-provided training non-taxable when it's primarily for the employer's benefit and required for the employee's current duties. Document everything from this meeting and get their responses in writing. If they insist on proceeding with withholding despite the contract language, you may want to consult with an employment attorney about whether they're breaching your agreement.

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