Donald Trump said in a Monday statement that his dealings are “standard practice throughout the U.S. business community, and in no way a crime.” Fringe benefits and bonuses are taxable at the supplemental rate per the IRS and NYS. https://www.tax.ny.gov/pdf/publications/withholding/nys50_t_nyc.pdf The employer can gross up the payment to make the employee whole but taxes must be paid.