Learning Center
We keep you up to date on the latest tax changes and news in the industry.

You May Be Able to Donate Your Unused Employee Vacation, Sick, or Personal Leave to Ukrainian Relief

Article Highlights:

  • Forgoing Vacation, Sick, or Personal Leave in Exchange for Ukrainian Relief

  • Program Duration

  • Employee and Employer Tax Implications

  • IRS Notice 2022-28

There is a little-known disaster provision of the tax code that, where if an employer has adopted a leave-based donation program, the employees can forgo paid vacation, sick, or personal leave in exchange for their employer making equivalent cash payments to qualified charitable organizations. This does not necessarily mean the employee also forfeits the time off; it will not be paid time off to the extent it is converted to leave-based donation payments.

Employer leave-based donation payments made by an employer before January 1, 2023, to a qualified U.S. charitable organization to aid victims of the further Russian invasion of Ukraine will not be treated as gross income or wages (or compensation, as applicable) of the employees of the employer. Thus, the employee will not be taxed on the vacation, sick, or personal leave pay given up, but since it is not taxable the employee cannot also deduct it as a charitable contribution.

Employers can deduct the contribution and avoid the employer share of payroll taxes that would otherwise be due on paid employee vacation, sick, or personal leave. From the employee’s viewpoint, they also avoid their share of payroll taxes as well as the income taxes they would have had to pay on the forgone income.

This opens a tremendous opportunity for employees to be able to donate to Ukrainian relief efforts. Employees wishing to participate need to check with their employer to see if the employer is participating in this voluntary program. Employers wishing to participate can refer to IRS Notice 2022-28 or call this office for additional information.

Share this article...

Want tax & business tips and insights?

Sign up for our newsletter.

I confirm this is a service inquiry and not an advertising message or solicitation. By clicking “Submit”, I acknowledge and agree to the creation of an account and to the and .

Social Media

Location

205 Main St.
Hackettstown, NJ 07840

Disclaimer:

The information presented in our website is intended for general use to inform our clients, colleagues and friends about our firm and the services we offer. We have made every effort to provide accurate information, however it is important to recognize that individual and business circumstances are never alike. It is not intended nor should it be used as a substitute for tax, audit, investment, consulting, legal or other professional advice. You should seek advice directly from a Jericho Tax Service professional before making any decision or taking any action on tax, financial and consulting related matters and issues.


The information provided at this site is subject to change without notice. All information in this site is provided 'as is.' In addition, this website may contain hyperlinks to websites and servers maintained by third parties. We do not control, evaluate, endorse or guarantee content found in third party sites. We do not assume any responsibility or liability for the actions, products, services and content of these sites or the parties that operate them. Your use of such sites is entirely at your own risk.

Jericho Tax Service We love to chat!
Please feel free to use our Ai chat assistant or use the button to contact us.
Please fill out the form and our team will get back to you shortly The form was sent successfully