aguablanco wrote:
SDcampowneroperator wrote:
IRS regulations requre that a workcamper accept employer provided accommodation, be on call 24 hours a day to quailify for exemption in liew of declared wages and accomodation charge.
Look it up.
Since I found your statement to be amazing, at the very least, I have followed this thread with the hope you would post that "IRS Regulation." Not having done so I am compelled to believe that it is a regulation that has been manufactured to justify the abuse of workcampers and their time. Please prove me wrong and post the regulation here as soon as possible.
RichH
It's pretty sad that the two owners of campgrounds have such condescending views of people with legitimate questions, then come up with questionable statements with no links in order to justify their point.
Since the IRS is an agency that has rules on the collection of taxes, one could safely assume that if this rule did exist, it would be only relevant when calculating your tax return.
So I did what the one poster alluded to and looked it up. I first found several statements on CG websites recruiting workcampers that stated:
"The following information is included per IRS rules on lodging/compensation (irc1.119(b)): In order to properly perform your duties, you are required to accept employer provided accommodations as defined elsewhere in this agreement. The value of the accommodations will not be included in your gross income."
I also found statements that describe the working hours:
"Our work campers work 20 hours a week (10 hours a piece if you are a couple) for their site, electric, cable, and laundry which, depending on what needs to be done here, can be broken down into many different jobs. There is no overtime available and we are willing to work with you when it comes to the days/hours you work."
So I looked up the
IRS Rule mentiond which happens to relate to meals and lodging furnished for the convenience of the employer.
The section on lodging states:
IRS wrote:
(b) Lodging. The value of lodging furnished to an employee by the employer shall be excluded from the employee's gross income if three tests are met:
(1) The lodging is furnished on the business premises of the employer,
(2) The lodging is furnished for the convenience of the employer, and
(3) The employee is required to accept such lodging as a condition of his employment.
The requirement of subparagraph (3) of this paragraph that the employee is required to accept such lodging as a condition of his employment means that he be required to accept the lodging in order to enable him properly to perform the duties of his employment. Lodging will be regarded as furnished to enable the employee properly to perform the duties of his employment when, for example, the lodging is furnished because the employee is required to be available for duty at all times or because the employee could not perform the services required of him unless he is furnished such lodging.
So it sounds like the requirement to work 24/7 resides in the agreement between the camper and the employer. The IRS regulation is written for the employer's benefit - not the campers, as the value of lodging is not deductible on the campers taxes.
So the OP should read his agreement and see if there is specific wording regarding on call. I'm not sure how as stated, there could be an exemption in (sic)liew of declared wages since the value of the site is not included in gross wages, and therefore cannot be deducted by the camper.
The statement that the IRS requires you to be on call 24/7 is kind of like that Indian guy that keeps calling me, telling me I'll be arrested because I owe taxes. I tell him to send the cops to arrest me, but they never come.
