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
What are the 3 valuation methods used to determine personal use percentage of a company vehicle?
- Auto Lease Valuation Rule
- Vehicle Cents/Mile Valuation Rule
- Commuting Valuation Rule
What is the maximum valuation of a vehicle for the Cents/Mile Valuation Method?
$50,400
How much can an employee deduct on their personal tax return for reimbursed business expenses?
None for 2018-2026
What happens if an employer reimburses an employee for more than the Federal Mileage Rate?
The excess is included in GI and is taxable. Reimbursements <= Federal mileage rate are not taxable
The two methods that can be used to determine the non-taxable reimbursement amount for Employer-Provided Vehicle Expenses?
- Federal standard mileage rate
2. Actual expenses
When are travel advances taxable? (3)
- non-accountable plan
- expenses not substantiated
- excess amounts received are not reimbursed
Taxable to the amount not reimbursed/substantiated
What is the Special Valuation Rule for Commuting because of unsafe working conditions?
- $1.50/trip is taxable - remainder excluded from wages
- Hourly employee who makes < $130,000/year
- employee normally walks/public transit to/from work
- unusual/unsafe working conditions
- company has a written policy
How does record keeping by the employee affect taxable wages for personal use of a company vehicle?
Employee does not keep records = 100% taxable both business and personal use
Employee keeps records = business is excluded and personal is taxable
Requirements for Travel Advances to be a non-taxable
- accountable plan
- related to employer’s business
- reasonable timing between advance and travel
- Advance reasonably calculated and does not exceed estimated expenses
- excess amounts are returned
What is “listed property”?
- property provided by an employer for use off premises
- has a personal use aspect
Example: Company car
Is listed property included/excluded from wages?
- Business use: excluded
- personal use: included
If substantiation requirements are not met the entire amount is included in wages