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Old 03-25-2022, 08:10 AM
 
Location: Bronx, NY
264 posts, read 312,526 times
Reputation: 91

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You can and should appeal to at least see what happens and give yourself a chance. However, keep in mind that bonuses are “taxable, supplemental income,” even if they are sporadic and are not guaranteed every year. Anything that the IRS can include, calculate and tax for any given year, will count in your overall income for that year.

Best of luck to you on your appeal.

Last edited by RGC74; 03-25-2022 at 08:21 AM..
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Old 03-25-2022, 08:55 AM
 
3,132 posts, read 2,724,468 times
Reputation: 2458
"Anything that the IRS can include, calculate and tax for any given year, will count in your overall income for that year."

This is definitely not the case. The marketing handbook provides for the exclusion of documentably nonrecurring income.

If you have a union contract that provides for a 3% bonus every year, that should count against your income.

If your company decides whether or not to give you a bonus each year, and how much, that should not.
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Old 03-25-2022, 09:01 AM
 
50 posts, read 36,787 times
Reputation: 17
Hi guys another update from HR - my holiday pay is guaranteed for all employees and is actually ~included~ in my salary. HR will be including this in their letter and I will argue that the holiday pay should be wiped from the income calculation.
I dont have a union job so for my bonus - it depends on my performance and the funds available.
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Old 03-25-2022, 09:38 AM
 
129 posts, read 270,162 times
Reputation: 52
That happened to me when I was getting my masters. My job was paying for it and they saw it as income. I was rejected and my appeal denied.
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Old 03-25-2022, 10:24 AM
 
Location: Bronx, NY
264 posts, read 312,526 times
Reputation: 91
Quote:
Originally Posted by randomperson2 View Post
"Anything that the IRS can include, calculate and tax for any given year, will count in your overall income for that year."

This is definitely not the case. The marketing handbook provides for the exclusion of documentably nonrecurring income.

If you have a union contract that provides for a 3% bonus every year, that should count against your income.

If your company decides whether or not to give you a bonus each year, and how much, that should not.
The marketing handbook specifically says “CERTAIN” forms of non-recurring income, not any and all forms, and gives examples of what types of income that would be - none of the types of examples they give are taxable and would have to be calculated into a tax return. The IRS states that bonuses are counted as wages which is why you have to include them as part of your yearly income.

This is not exclusive to NYC HC affordable housing - any program, be it for housing or anything else that must calculate income to decide eligibility for an applicant, is going to include job bonuses in the final income count.
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Old 03-26-2022, 01:57 AM
 
3,132 posts, read 2,724,468 times
Reputation: 2458
The programs can have their own rules for calculating income. They are not bound by the IRC. For example, they impute a (very small) percentage of retirement assets to you as income, when you don't pay any taxes on such assets prior to realization. They're not even nontaxable income. They're not income at all. There have been a number of stories here of successful appeals re: bonuses. Now, agencies struggling to apply rules consistently is definitely an issue across every issue that's not 100% clear-cut.

If bonuses aren't guaranteed, it simply doesn't make sense to count them as income in anticipating the current year's salary.
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Old 03-26-2022, 07:23 AM
 
Location: Bronx, NY
264 posts, read 312,526 times
Reputation: 91
Quote:
Originally Posted by randomperson2 View Post
The programs can have their own rules for calculating income. They are not bound by the IRC. For example, they impute a (very small) percentage of retirement assets to you as income, when you don't pay any taxes on such assets prior to realization. They're not even nontaxable income. They're not income at all. There have been a number of stories here of successful appeals re: bonuses. Now, agencies struggling to apply rules consistently is definitely an issue across every issue that's not 100% clear-cut.

If bonuses aren't guaranteed, it simply doesn't make sense to count them as income in anticipating the current year's salary.
Programs are not bound to the IRS. My point was, anything that is taxable and included as wages on a tax return, makes up overall income for the year. For this reason, management for this building along with HPD/HDC can include bonuses in the overall count, guarantee or not.

@Feb2022HL, if you haven’t heard of her, there is a woman on YouTube who does this for a living - approves/rejects applications for eligibility and sends them off to HPD/HDC for final approval. She explicitly says in the link below that bonuses are counted (Time stamp: 9:07). Give her page a look over if you’d like - she’s a great resource for all of this including filing appeals; the entire page is dedicated to helping applicants navigate thru this process. Her YT page is Talz Da Resource Queen.

https://youtu.be/bvPi6L5NGFU

Again, best of luck to you on your appeal.
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Old 03-26-2022, 01:55 PM
 
Location: Outer Space
2,862 posts, read 2,394,102 times
Reputation: 816
Quote:
Originally Posted by RGC74 View Post
The marketing handbook specifically says “CERTAIN” forms of non-recurring income, not any and all forms, and gives examples of what types of income that would be - none of the types of examples they give are taxable and would have to be calculated into a tax return. The IRS states that bonuses are counted as wages which is why you have to include them as part of your yearly income.

This is not exclusive to NYC HC affordable housing - any program, be it for housing or anything else that must calculate income to decide eligibility for an applicant, is going to include job bonuses in the final income count.
What examples do they provide? Unless you’re getting paid under the table everything your employer pays you is taxable…right? Weather it be a bonus, overtime, referral bonus etc it’s all taxable.
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Old 03-26-2022, 02:56 PM
 
Location: Bronx, NY
264 posts, read 312,526 times
Reputation: 91
Quote:
Originally Posted by Gilmoregal View Post
What examples do they provide? Unless you’re getting paid under the table everything your employer pays you is taxable…right? Weather it be a bonus, overtime, referral bonus etc it’s all taxable.
“Certain forms of income that are sporadic and non-recurring are not considered when calculating maximum household income as they are considered temporary in nature. Examples of sporadic or non-recurring income include one-time gifts or lump-sum inheritance payments. All sources of income must be disclosed, but such non-recurring income may be excluded from the income calculation.”

Exactly, which is why any monies paid to you from an employer is income that will be calculated, doesn’t matter if it’s not guaranteed or only happens once a year. It’s taxable and if it’s taxable (via employment), any program will include it in the final count.

The above quote is from the marketing handbook.
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Old 03-26-2022, 03:45 PM
 
Location: Outer Space
2,862 posts, read 2,394,102 times
Reputation: 816
Quote:
Originally Posted by RGC74 View Post
“Certain forms of income that are sporadic and non-recurring are not considered when calculating maximum household income as they are considered temporary in nature. Examples of sporadic or non-recurring income include one-time gifts or lump-sum inheritance payments. All sources of income must be disclosed, but such non-recurring income may be excluded from the income calculation.”

Exactly, which is why any monies paid to you from an employer is income that will be calculated, doesn’t matter if it’s not guaranteed or only happens once a year. It’s taxable and if it’s taxable (via employment), any program will include it in the final count.

The above quote is from the marketing handbook.
Okay I understand now. It sucks but it makes sense. Hopefully the person trying to appeal wins!
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