Excluded: Travel Expenses and Company Vehicles Flashcards

1
Q

What are travel expenses?

A
  1. expenses while away from your tax home on business
  2. Include:
    - transportation
    - lodging
    - meals
    - laundry
    - misc items
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2
Q

Tax Home

A
  1. area of principal place of business or official duty station
  2. Not the taxpayer’s abode
  3. IF the taxpayer has no regular placer of business then their abode becomes their tax home
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3
Q

“Away from tax home” requirements

A
  1. substantially gone longer than an ordinary work day
  2. must require rest, sleep or relief
  3. Does NOT need to be a 24 hour period
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4
Q

Requirements to be considered Qualified Travel Expenses (excluded) (3)

A
  1. must be away from tax home for a temporary period (<= 1 year)
  2. Away for a business purpose
  3. Requires overnight stay or substantial sleep/rest
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5
Q

How are travel expenses treated if the taxpayer’s temporary job lasts more than one year?

A

The travel expense paid/reimbursed are considered commuting and are not excluded from wages

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6
Q

When are Per Diem for Qualified Travel expenses taxable?

A

When the amount reimbursed > Federally allowed per diem (excess is taxable)

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7
Q

If a taxpayer takes a DOMESTIC trip and the trip has both a personal and business portion, can the travel expenses be excluded?

A
  1. IF THE PRIMARY PURPOSE WAS BUSINESS: travel is deductible in full
  2. IF THE PRIMARY PURPOSE WAS PERSONAL: No deduction/exclusion for travel and lodging

Primary = greater number of days

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8
Q

If a taxpayer takes a FOREIGN trip and the trip has both a personal and business portion, can the travel expenses be excluded?

A

Allocate between personal/business days UNLESS:

  1. Trip is 7 days or less
  2. < 25% of the time is personal OR
  3. TP has no substantial control over the arrangements
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9
Q

How are travel days counted?

A

Business Days
+ weekends/holidays if the day before and after were business days
________________
Travel days

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10
Q

What are the requirements for a Travel Advance to be considered a non-taxable fringe benefit?

A
  1. accountable plan
  2. reasonable timing between advance and travel
  3. advance reasonably calculated not to exceed estimated expenses
  4. related to employer’s business
  5. excess returned
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11
Q

Are payments for meals away from home but not overnight included in GI?

A

Yes because no rest/sleep was required

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12
Q

When is lodging provided by an employer excluded from an employees wages?

A
  1. on employer’s premises
  2. for employer’s convenience
  3. As a condition of employment
    Example: Apartment manager residing at the complex

Note: If TP could have chosen extra pay instead of meals/lodging then amount is included in wages

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13
Q

Types of meals provided by an employer that would be excluded from the employees wages (4)

A
  1. workers on call for emergency during lunch period
  2. nature of the business requires short lunch breaks
  3. eating facilities not available in the area
  4. meals furnished to restaurant employees
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14
Q

Requirements for business meal expenses to be excluded from employees wages (3)

Example: Sales Representative

A
  1. business purpose
  2. accountable plan rules
  3. actual expense method
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15
Q

What is considered personal use of an Employer provided vehicle? (3)

A
  1. commuting miles
  2. vacation/weekend use
  3. use by spouse/dependents
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16
Q

What are the 3 valuation methods used to determine personal use percentage of a company vehicle?

A
  1. Auto Lease Valuation Rule
  2. Vehicle Cents/Mile Valuation Rule
  3. Commuting Valuation Rule
17
Q

What is the maximum valuation of a vehicle for the Cents/Mile Valuation Method?

A

$50,400

18
Q

How much can an employee deduct on their personal tax return for reimbursed business expenses?

A

None for 2018-2026

19
Q

What happens if an employer reimburses an employee for more than the Federal Mileage Rate?

A

The excess is included in GI and is taxable. Reimbursements <= Federal mileage rate are not taxable

20
Q

The two methods that can be used to determine the non-taxable reimbursement amount for Employer-Provided Vehicle Expenses?

A
  1. Federal standard mileage rate

2. Actual expenses

21
Q

When are travel advances taxable? (3)

A
  1. non-accountable plan
  2. expenses not substantiated
  3. excess amounts received are not reimbursed
    Taxable to the amount not reimbursed/substantiated
22
Q

What is the Special Valuation Rule for Commuting because of unsafe working conditions?

A
  1. $1.50/trip is taxable - remainder excluded from wages
  2. Hourly employee who makes < $130,000/year
  3. employee normally walks/public transit to/from work
  4. unusual/unsafe working conditions
  5. company has a written policy
23
Q

How does record keeping by the employee affect taxable wages for personal use of a company vehicle?

A

Employee does not keep records = 100% taxable both business and personal use
Employee keeps records = business is excluded and personal is taxable

24
Q

Requirements for Travel Advances to be a non-taxable

A
  1. accountable plan
  2. related to employer’s business
  3. reasonable timing between advance and travel
  4. Advance reasonably calculated and does not exceed estimated expenses
  5. excess amounts are returned
25
Q

What is “listed property”?

A
  1. property provided by an employer for use off premises
  2. has a personal use aspect
    Example: Company car
26
Q

Is listed property included/excluded from wages?

A
  1. Business use: excluded
  2. personal use: included
    If substantiation requirements are not met the entire amount is included in wages