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Treasury Regulations (26 C.F.R.)

26 CFR § 31.3231(e)-1

Compensation.

Official textecfr.govlast amended

# (a)

Definition—(1) The term compensation has the same meaning as the term wages in section 3121(a), determined without regard to section 3121(b)(9), except as specifically limited by the Railroad Retirement Tax Act (chapter 22 of the Internal Revenue Code) or regulation. The Commissioner may provide any additional guidance that may be necessary or appropriate in applying the definitions of sections 3121(a) and 3231(e).

(2) A payment made by an employer to an individual through the employer's payroll is presumed, in the absence of evidence to the contrary, to be compensation for services rendered as an employee of the employer. Likewise, a payment made by an employee organization to an employee representative through the organization's payroll is presumed, in the absence of evidence to the contrary, to be compensation for services rendered by the employee representative as such. For rules regarding the treatment of deductions by an employer from remuneration of an employee, see § 31.3123-1.

(3) The term compensation is not confined to amounts paid for active service, but includes amounts paid for an identifiable period during which the employee is absent from the active service of the employer and, in the case of an employee representative, amounts paid for an identifiable period during which the employee representative is absent from the active service of the employee organization.

(4) Compensation includes amounts paid to an employee for loss of earnings during an identifiable period as the result of the displacement of the employee to a less remunerative position or occupation as well as pay for time lost.

(5) For rules regarding the treatment of reimbursement and other expense allowance amounts, see § 31.3121(a)-3. For rules regarding the inclusion of fringe benefits in compensation, see § 31.3121(a)-1T.

(6) Split-dollar life insurance arrangements. See §§ 1.61-22 and 1.7872-15 of this chapter for rules relating to the treatment of split-dollar life insurance arrangements.

# (b) Special Rules.

(1) If the amount of compensation earned in any calendar month by an individual as an employee in the service of a local lodge or division of a railway-labor-organization employer is less than $25, the amount is disregarded for purposes of determining the employee tax under section 3201 and the employer tax under section 3221.

(2) Compensation for service as a delegate to a national or international convention of a railway-labor-organization employer is disregarded for purposes of determining the employee tax under section 3201 and the employer tax under section 3221 if the individual rendering the service has not previously rendered service, other than as a delegate, which may be included in the individual's years of service for purposes of the Railroad Retirement Act.

(3) For special provisions relating to the compensation of certain general chairs or assistant general chairs of a general committee of a railway-labor-organization employer, see paragraph (c)(3) of § 31.3231(b)-1.

[T.D. 8582, 59 FR 66191, Dec. 23, 1994, as amended by T.D. 9092, 68 FR 54361, Sept. 17, 2003]

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In this part (40 sections)
  1. 31.3127-1 · Exemption for employers and their employees if both are…
  2. 31.3131-1 · Recapture of credits.
  3. 31.3132-1 · Recapture of credits.
  4. 31.3134-1 · Recapture of credits.
  5. 31.3201-1 · Measure of employee tax.
  6. 31.3201-2 · Rates and computation of employee tax.
  7. 31.3202-1 · Collection of, and liability for, employee tax.
  8. 31.3211-1 · Measure of employee representative tax.
  9. 31.3211-2 · Rates and computation of employee representative tax.
  10. 31.3211-3 · Employee representative supplemental tax.
  11. 31.3212-1 · Determination of compensation.
  12. 31.3221-1 · Measure of employer tax.
  13. 31.3221-2 · Rates and computation of employer tax.
  14. 31.3221-3 · Supplemental tax.
  15. 31.3221-4 · Exception from supplemental tax.
  16. 31.3221-5 · Recapture of credits under the Families First Coronavirus…
  17. 31.3231(a)-1 · Who are employers.
  18. 31.3231(b)-1 · Who are employees.
  19. 31.3231(c)-1 · Who are employee representatives.
  20. 31.3231(d)-1 · Service.
  21. 31.3231(e)-1 · Compensation.
  22. 31.3231(e)-2 · Contribution base.
  23. 31.3301-1 · Persons liable for tax.
  24. 31.3301-2 · Measure of tax.
  25. 31.3301-3 · Rate and computation of tax.
  26. 31.3301-4 · When wages are paid.
  27. 31.3302(a)-1 · Credit against tax for contributions paid.
  28. 31.3302(a)-2 · Refund of State contributions.
  29. 31.3302(a)-3 · Proof of credit under section 3302(a).
  30. 31.3302(b)-1 · Additional credit against tax.
  31. 31.3302(b)-2 · Proof of additional credit under section 3302(b).
  32. 31.3302(c)-1 · Limit on total credits.
  33. 31.3302(d)-1 · Definitions and special rules relating to limit on total…
  34. 31.3302(e)-1 · Successor employer.
  35. 31.3306(a)-1 · Who are employers.
  36. 31.3306(b)-1 · Wages.
  37. 31.3306(b)-1T · Question and answer relating to the definition of wages…
  38. 31.3306(b)-2 · Reimbursement and other expense allowance amounts.
  39. 31.3306(b)(1)-1 · $3,000 limitation.
  40. 31.3306(b)(2)-1 · Payments under employers' plans on account of…
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