Reply to Wow. No discussion about the death of the AP program here?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I don't understand how the MA case dictates what can be deducted/credited for room and board when the cost of living varies so much throughout the state.  Clearly, room and board is much more expensive if one lives in the city of Boston rather than in the suburbs.

These Department of Labor FAQs are helpful.  Wouldn't DOL rules/guidance on this trump the state/circuit?

https://www.dol.gov/agencies/whd/direct-care/credit-wages/faq#13

[/quote]

No, the ruling is very specific about what can be deducted and what can’t.[/quote]

Actually it’s not clear at all - they were discussing historic deduction rates when it was assumed that state minimum wage laws didn’t apply (e.g., historically they didn’t have different locality pairs or deduction rates for room and board because it was administratively easier), it’s not clear whether the historic deduction rates still apply with these new state minimum wage and overtime rules apply. Similarly the agreement is silent on additional withholdings (auto, phone, gym, etc.) and seems to impose HFs with duty of state withholding.[/quote]

“ $35/week for room and $40/week for board” is pretty clear...  and no, you can’t deduct anything else, unless you say something in the ruling that would allow you to do so?[/quote]

They were talking about historic rates - dicta - there is no hold about current rates of deduction WHEN there is a state minimum. Similarly, the case has no holding on OTHER deductions or state withholding. The AG’s office says anything you would deduct for a non-AP worker can be deducted. So, you cannot deduct ALL of car insurance or ALL of phone plan, but can deduct a portion for personal use - because she is similarly required to pay tax on a portion. You can deduct ALL of a gym plan, and she has to pay tax on it. Any flight you book home for her to visit family, you can deduct, and she has to pay tax. [/quote]

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