Gross-up payment: Overview, definition, and example
What is a gross-up payment?
A gross-up payment is an additional amount paid to cover taxes or other deductions, ensuring that the recipient receives the full intended amount after withholdings. Businesses and employers use gross-up payments to cover tax liabilities for employees, contractors, or other payees in situations where the recipient should not bear the tax burden.
For example, if a company reimburses an employee for relocation expenses but wants the employee to receive the full amount after taxes, it provides a gross-up payment to cover any applicable tax deductions.
Why is a gross-up payment important?
Gross-up payments help ensure that recipients receive the full intended amount, even after taxes or deductions. They are commonly used in executive compensation, employee benefits, and international transactions where tax implications vary.
For SMBs, gross-up payments may apply when reimbursing employees for expenses, providing bonuses, or covering withholding tax obligations on behalf of international vendors. Understanding gross-up payments helps businesses manage costs and ensure compliance with tax laws.
Understanding gross-up payment through an example
Imagine a company awards a $10,000 bonus to an employee but wants the employee to receive the full amount after taxes. If the applicable tax rate is 30%, the company calculates a gross-up payment to cover taxes so that, after deductions, the employee still receives the full $10,000.
In another case, a business hires an international consultant and agrees to cover any withholding tax that applies to the consultant’s payment. Instead of deducting taxes from the consultant’s earnings, the company makes a gross-up payment to cover the tax liability, ensuring that the consultant receives the full agreed-upon fee.
An example of a gross-up payment clause
Here’s how a gross-up payment clause might appear in a contract:
“If any payment made under this Agreement is subject to tax withholding, the Payor shall make an additional gross-up payment to ensure that the Payee receives the full intended amount after the deduction of any applicable taxes.”
Conclusion
A gross-up payment ensures that taxes or other deductions do not reduce the recipient’s intended earnings. For SMBs, gross-up payments are useful when covering employee benefits, international payments, or tax liabilities on behalf of payees. Understanding how to calculate and apply gross-up payments helps businesses manage compensation, avoid tax issues, and maintain fairness in financial transactions.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.