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Senate passes Sam Johnson cell phone fix directing the IRS to modernize record-keeping rule


Washington, Sep 16 -

Today the United States Senate passed a bill that includes a common-sense provision authored by U.S. Congressman Sam Johnson (3rd Dist.-Texas) demanding that the IRS modernize the record keeping requirement for employee cell phone use.  

Currently employers are required, for tax purposes, to track the personal cell phone use of their employees to receive a deduction.  Right now, the law does not require employers to track use of the phone at an employee’s desk for personal purposes. 

After a constituent concern brought this absurd inequity to Johnson’s attention in 2008, Johnson quickly introduced the MOBILE (Modernize Our Bookkeeping In the Law for Employee’s) Cell Phone Act, H.R. 690.  The bill would update the tax treatment of cell phones and Blackberries used for business and repeal the requirement that employers and employees maintain detailed logs of cell phone use.

“I am honored that the Senate passed the cell phone fix.  Clearly, time and technology have marched on and companies give their employees cell phones, blackberries and iPhones with unlimited minutes and these communication devices are really just an extension of the business day and place to anywhere and anytime,” said Johnson.

The measure heads to the U.S. House of Representatives for a vote – potentially as early as next week.   H.R. 690 has 214 co-sponsors.

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