Compensation defintions and automobiles

[John A]

Are automobile expenses included in the various 415©(3) and 414(s) "safe harbor" defintions of compensation? Does this depend on whether the "automobile expenses are 1) use of a company car, 2) a car allowance payable in advance, or 3) remimbursement of car maintenance and fuel expenses?

[Harwood]

My opinion:

1) use of a company car - whatever is taxable income here can be excluded if the plan compensation definition "excludes reimbursement or other expense allowances"

2) a car allowance payable in advance - is treated like a bonus. It can be spent any way the recipient wants.

3) reimbursement of car maintenance and fuel expenses - exclude if plan definition excludes taxable fringe benefits?