Excluded: Travel Expenses and Company Vehicles Flashcards
What are travel expenses?
- expenses while away from your tax home on business
- Include:
- transportation
- lodging
- meals
- laundry
- misc items
Tax Home
- area of principal place of business or official duty station
- Not the taxpayer’s abode
- IF the taxpayer has no regular placer of business then their abode becomes their tax home
“Away from tax home” requirements
- substantially gone longer than an ordinary work day
- must require rest, sleep or relief
- Does NOT need to be a 24 hour period
Requirements to be considered Qualified Travel Expenses (excluded) (3)
- must be away from tax home for a temporary period (<= 1 year)
- Away for a business purpose
- Requires overnight stay or substantial sleep/rest
How are travel expenses treated if the taxpayer’s temporary job lasts more than one year?
The travel expense paid/reimbursed are considered commuting and are not excluded from wages
When are Per Diem for Qualified Travel expenses taxable?
When the amount reimbursed > Federally allowed per diem (excess is taxable)
If a taxpayer takes a DOMESTIC trip and the trip has both a personal and business portion, can the travel expenses be excluded?
- IF THE PRIMARY PURPOSE WAS BUSINESS: travel is deductible in full
- IF THE PRIMARY PURPOSE WAS PERSONAL: No deduction/exclusion for travel and lodging
Primary = greater number of days
If a taxpayer takes a FOREIGN trip and the trip has both a personal and business portion, can the travel expenses be excluded?
Allocate between personal/business days UNLESS:
- Trip is 7 days or less
- < 25% of the time is personal OR
- TP has no substantial control over the arrangements
How are travel days counted?
Business Days
+ weekends/holidays if the day before and after were business days
________________
Travel days
What are the requirements for a Travel Advance to be considered a non-taxable fringe benefit?
- accountable plan
- reasonable timing between advance and travel
- advance reasonably calculated not to exceed estimated expenses
- related to employer’s business
- excess returned
Are payments for meals away from home but not overnight included in GI?
Yes because no rest/sleep was required
When is lodging provided by an employer excluded from an employees wages?
- on employer’s premises
- for employer’s convenience
- 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
Types of meals provided by an employer that would be excluded from the employees wages (4)
- workers on call for emergency during lunch period
- nature of the business requires short lunch breaks
- eating facilities not available in the area
- meals furnished to restaurant employees
Requirements for business meal expenses to be excluded from employees wages (3)
Example: Sales Representative
- business purpose
- accountable plan rules
- actual expense method
What is considered personal use of an Employer provided vehicle? (3)
- commuting miles
- vacation/weekend use
- use by spouse/dependents