Section 646IAC5-6-12. Traveling expenses; commission drawing accounts

   (a) Actual amounts advanced or reimbursed to employees for traveling expenses, which are expenses of the employer incurred by the employee in connection with the employee's position and the business of the employer, are not wages.

  (b) Where an employee is allowed a drawing account against which earned commissions are credited, and the commissions earned do not equal the amounts withdrawn, and the employee is required to account to the employer for amounts overdrawn, the commissions earned, and not the amounts overdrawn, are wages subject to contribution. However, if the employee is not required to account to the employer for the amounts overdrawn, all amounts advanced to the employee are wages.

  (c) In determining contributions due for a quarter, each employee is to be considered individually, and, if the expenses of an employee exceed earnings, the excess may not be credited against the contribution liability incurred by the employer by reason of wages payable to other employees of that employer.

  (d) If an employee earns wages in excess of expenses in one (1) calendar quarter, contributions are due and payable on the wages. If the same employee, in a subsequent calendar quarter, incurs expenses in excess of wages, the excess shall not be taken as a credit against contributions due for a previous calendar quarter, or contributions in future months or calendar quarters, respectively. (Department of Workforce Development; 646 IAC 5-6-12; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA)