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Chapter 8 - Employee Expenses Independent Contractor v. Employee Miscellaneous Itemized Deductions - 2% limit Meals and Entertainment - Substantiation - history: 0% disallowance, 20% disallowance, 50% disallowance (effective 1994)
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Interstate truckers, airline employees, merchant marines, RR workers, bus drivers (interstate Starting 1998: increase % allowed of meals 5% every 2 yrs to 80% by 2008
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Substantiation IRC 274: Amount, time and place, business purpose, business relationship - Diary and Doc - Doc if lodging or other > 75 (10/1/95) Travel, ent, bus, gifts, listed prop Accountable Plans - Requirements, substantiation, return excess, deemed substantiation Nonaccountable plans:W-2 and unreimbursed treatment
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Local Transportation Not travel away from home Not commuting Actual v. standard mileage36.0 (2003) Occasionally
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Travel away from home (overnight) Temporary v. indefinite Conventions (dir. Rel’d), travel as educat (no) U.S. combined business and pleasure travel - prim bus: all air, travel days = bus Foreign travel - alloc bus/pleas on air unless 7 days or less or <25% pers; or no allocat if no substan control arrans or vac not major factor; (travel days = bus)
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Moving Expenses Distance and time tests - Classification of expenses - (Form 3903) A. Transportation of goods B. Expenses of moving self and family - travel, lodging, but no meals Mileage: 12 cents (2003)
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Effective 94 - A+B only, no meals, above line; reimbs of deductible = excluded = chap 4 mileage
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Education Expenses Tests: Maintain or improve skills or meet express reqs of ER v. meet min stand to qualify for new T or B Suspended participation
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Entertainment Expenses 50% disallowance,(effective 1994) - Substantiation; meals; entertainment - directly related, associated with: >50% dir & assoc Business gifts - deductibility - $25 per dee per yr (unless) Club dues no longer deductible (e.g., country club) (effective 1994) - pub serv clubs OK (e.g. Kiwanis, Rotary, Lions)
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Home Office Exclusive and regular use - principal place of bus or used by clients/patients/customers or separate structure + Employees - convenience of employer Limited to income - CF loss - yes - 280A vac home and home office; no 183-hobby Misc itemized subj to 2% if EE Soliman - relative importance, time spent New Law 1997 - Repealed Soliman
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Repeal of Soliman (97 Law) 280A “Prin Place of Bus” - includes used for adm & man bus activs if no other fixed locat for substan adm & man By 3p, not deny (at another locat) OK: 1) adm & man at another locat by TP not substan 2) substan non adm & man at another locat by TP (e.g. client mtgs)
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IRA’s Misc EE exps –clothing - special req’d, not fit for ord wear; union dues, prof exps, mtgs, job skg (not 1st job, not new T or B), pubs, etc
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