"The Service will not assert that cash payments an employer makes to Section 170(c) organizations in exchange for vacation, sick, or personal leave that its employees elect to forgo constitute gross income or wages of the employees if the payments are: [1] made to the Section 170(c) organizations for the relief of victims of the Louisiana storms; and [2] paid to the Section 170(c) organizations before January 1, 2018. Similarly, the Service will not assert that the opportunity to make such an election results in constructive receipt of gross income or wages for employees.... The Service will not assert that an employer is permitted to deduct these cash payments exclusively under the rules of Section 170 rather than the rules of Section 162. Cash payments to which this guidance applies need not be included in Box 1, 3 (if applicable), or 5 of the Form W-2."

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