Chapter 7: Business Expenses and Deferred Compensation Flashcards
What expenses go on schedule C?
Expenses connected with a trade or business
What expenses go on schedule E?
Expenses connected with real estate or royalties (rent)
What expenses go on schedule F?
Expenses connected to farm income
Requirements for business expenses to be deductible under tax law
Ordinary
Necessary
Reasonable
Deduction of employee business expenses
Effective 2018 to at least 2025 employee business expenses are not deductible
Definition of an employer- employee relationship
Generally exists when the employer has the right to control and direct the individual who provides the services with regard to end result and the means by which the result is accomplished
Threshold for filing 1099-misc
$600 or more in payments to an individual independent contractor
FICA Tax split
Total 15.3%
OASDI (social security) 12.4% on income up to $142,800 in 2021(employee split 6.2%ea)
Hospital insurance (Medicare) 2.9% on all income (employee split 1.45%ea)
Factors considered to in determining employee vs independent contractor
- behavioral control (amount of instruction and training provided)
- financial control (work costs paid by worker or employer)
- relationship of the parties (what benefits are provided/ contracts adhered to)
Travel expenses paid by an employee
Not deductible (2018-2025)
If reimbursed are excludable from employee’s gross income if paid under an “accountable plan” where employee must account for expenses to employer
Travel expenses
Transportation, meals, lodging and other reasonable and necessary expenses incurred by a taxpayer while “away from home” in pursuit of a trade or business
Transportation expenses
Local transportation expenses when taxpayer is not away from home
deductible for self employed individuals under certain conditions
Qualifications for expenses to count as travel expense
- purpose of the trip must be connected with trade, business, or rental real estate activity
- taxpayer must be away from their tax home overnight (or for long enough to require sleep/rest before returning home)
- must be on a temporary, not indefinite basis
Tax home
The location of a taxpayer’s principal place of business (regardless of where family residence is maintained)
When permanent work location is a significant distance from family home
Transport to work probably not travel if work location is permanent.
Work location = tax home
Indefinite work assignment
Work assignments of more than one year (if one year or less: depends on facts of case)
If assignment is indefinite, individual’s tax home shifts to new location and travel is not deductible
Cost of meals on one-day business trips
Generally not deductible since taxpayer was not away from home overnight
Trips with mixed business and pleasure purpose
If primarily pleasure: only expenses directly related to the business activity are deductible (not proportional)
If primarily business: travel to and from is fully deductable and all other expenses are allocated proportionally
Determining between a primarily business and primarily personal trip
Mostly determined based on time spent on which activities but may still be able to show primary purpose was business
Travel expenses for an accompanying family member
No deductions allowed unless for a bona fide business purposes
Deductions for foreign travel
Disallowed unless it can be shown that a meeting is directly related to the taxpayer’s trade or business and that it was reasonable for the meeting to be held outside the US
Travel expenses for education
Disallowed as a deduction
Limit on in deduction for luxury water travel
limited to 2x the highest per diem amount allowable for a day of domestic travel by employees in the executive branch of the federal gov ($465/day in 2019)
Travel to a convention, seminar, or meeting for investment activities
Disallowed