1. © Kristina Shroyer 2011 VITA: Winter 2011 Lesson 22: Business Travel Expense Winter 2011 Kristina Shroyer

2. © Kristina Shroyer 2011 Lesson 22: Business Travel Expenses Blank Forms for this Lesson As we go through this lesson you'll want to use some of the blank forms in Publication 4491-W for reference (blank forms start on Page 229) Form 1040 (page 229) Schedule A (page 254) ♦ We're looking in particular at Line 21 Form 2106 EZ – page 234 ♦ You also probably want to download page 2106 when you get home from the IRS website

3. © Kristina Shroyer 2011 Lesson 22: Business Travel Expenses Introduction We just discussed itemized deductions Look at line 21 of the Miscellaneous Deductions Subject to 2% part of the Schedule A ♦ It is titled "Unreimbursed Employee Expenses"  We talked in the Schedule A lesson about some of these unreimbursed employee expenses such as union dues  This idea of Unreimbursed Employee Expenses can get more complicated and does have additional rules associated with it  In this lesson we're going to talk about deductible business travel expenses, how they're reported on a return and what can be deducted - We need to figure out which unreimbursed business travel expenses can be deducted and how those need to be reported ♦ Also note line 21 says "Attach form 2106 if Required"  We'll discuss what form 2106 is, when it is required and how to use it In this lesson we'll talk about deducting ordinary and necessary business travel expenses a taxpayer may have both in general and in regard to Schedule A ♦ Some business travel expenses: entertainment, gifts, transportation…etc. ♦ By ordinary we just mean an expense that is common and accepted in the taxpayer's field or profession ♦ By necessary we mean an expense that is helpful and appropriate for a taxpayers business This lesson will also give you a better idea of what expenses are and are deductible and non-deductible on Schedule C-EZ/Sch C as well as how to properly compute vehicle expenses for Schedule C-EZ IMPORTANT: Note the distinction – a self employed taxpayer uses schedule C-EZ An EMPLOYEE (W-2) deducts Unreimbursed Employee expenses on Schedule A

4. © Kristina Shroyer 2011 Lesson 22: Business Travel Expenses What qualifies as a deductible business travel expense? Deductible travel expenses are any expenses that are ordinary (typical for the profession) and necessary (helpful and appropriate for business) for the taxpayer's job Deductible travel expenses can NOT include any personal expenses This means NO expenses for the taxpayer's family are deductible Only expenses incurred while conducting business are deductible See page 22-1 from some examples of deductible business travel expenses let's look at them Regarding Meals and Entertainment ♦ (if deductible as an ordinary and necessary expense) these expenses is generally only 50% deductible Regarding transportation ♦ Lodging and overnight travel away from the taxpayer's tax home is deductible ♦ commuting to and from work is NOT deductible ♦ traveling to a clients is deductible A taxpayer's tax home is their main place of business – it does not matter where the taxpayer lives or their family resides – it is the entire city or general area where the taxpayer's main place of business or work is located ♦ If a taxpayer generally works in more than one place the tax home is the general area where the main place of business or work is located ♦ Expenses for travel away from one's tax home for a period of temporary employment are deductible but only for one year or less Let's read the example at the top of page 22-2

5. © Kristina Shroyer 2011 Lesson 22: Business Travel Expenses What is eligible for home leave? Home leave is when a United states Foreign Service employee is basically ordered to take a 18 month leave of absence after completion of a certain amount of service Since the home leave is ordered and required by law, members of the foreign service on home leave are allowed to deduct: ♦ amounts paid for travel, meals, and lodging while on home leave as an employee business expense Taxpayers eligible for this will deduct their expenses in the same way employees deducting business expenses away from home do ♦ On Form 2106 ♦ Just as with regular business expenses, any amounts paid on behalf of the taxpayer's family are NOT deductible Look at the second example on page 22-2 Employer Reimbursements: Are reimbursements reported? Yes any travel expenses that are deductable should be offset by reimbursements received. ♦ The amount the deductable travel expenses exceed reimbursements by will be the deduction ♦ Any excess reimbursements will be taxable income ♦ Read last Example Page 22-2

6. © Kristina Shroyer 2011 Lesson 22: Business Travel Expenses What records must the taxpayer have? It is essential that the taxpayer keep records of their business travel expenses ♦ This includes records for meals (unless standard meal allowance is used), entertainment, gifts, or the use of an automobile or other property like a cell phone The records must document: ♦ time of expense ♦ place of expense ♦ amount of expense ♦ business purpose of expense ♦ business relationship (for entertainment and gifts) General rule ♦ taxpayer needs receipts for all lodging expenses (no matter what the amount) and for any other expenses in excess of $75

7. © Kristina Shroyer 2011 Lesson 22: Business Travel Expenses Alternative Ways of Figuring some expenses (other than actual) 1. Vehicle Expense can be reported using the actual expense method OR the standard mileage rate 2. Meals and incidental expenses can be reported by using the actual amounts or a standard amount can be used Vehicle Expenses Vehicle expenses: expenses incurred when taxpayers use their vehicles for business purposes ♦ Remember we already said commuting expenses are not deductible ♦ If a taxpayer has qualified vehicle expenses you'll have to fill out a Form 2106 or Form 2106-EZ and report information on the vehicle Part II  so Form 2106 or 2106-EZ is REQUIRED if the taxpayer has vehicle expenses they want to report on line 21 of Sch A Two methods for figuring Vehicle Expenses Actual Expense Method ♦ This is out of the VITA scope according to the book – see Tip on page 22-3 Standard Mileage Method ♦ This method multiplies the number of miles the taxpayer drove for business by a standard rate per mile ♦ The 2010 standard mileage rate is 50 cents per mile ♦ Taxpayers can only use this method is they meet ONE of the requirements below (shown on page 22-3)  They must have owned the vehicle and used the standard mileage method in the first year the vehicle was placed in service  OR They must have leased the vehicle and use the standard mileage method for the life of the lease So handle the vehicle expenses in this manner: first determine if the taxpayer can use standard mileage method ♦ If they can only use actual expenses refer them to a professional tax preparer and then determine the standard mileage method deduction they can take (50 cents * business miles) ♦ Remember from the Schedule C EZ chapter they MUST document their total miles driven for the year and LOG their business miles driven

8. © Kristina Shroyer 2011 Lesson 22: Business Travel Expenses Vehicle Expenses (continued) If a taxpayer reports vehicle expenses (no matter which method is used), they must complete the General Information section in Part II of Form 2106 or Form 2106 EZ ♦ Let's Look at it The back up records required for vehicle expenses is the same as the other business expenses we discussed ♦ Business Miles Must be logged ♦ Total miles should be recorded and documented

9. © Kristina Shroyer 2011 Lesson 22: Business Travel Expenses Meals and Incidental Expenses Meals and Entertainment expenses are always figured separately from the other business travel expenses They are multiplied by a rate of 50% for must taxpayers (so only ½ deductible) ♦ and by a rate of 80% for certain taxpayers subject to the Department of Transportation's service hours ♦ you will almost always use 50% ♦ To see if the taxpayer is subject to the DOT rules of service (80%) see the instructions of Form 2106 page 4 So first meals and entertainment have to meet the deductibility requirements and the taxpayer has to meet the records requirement – then the deductible amount is multiplied by 50% or 80% Meals and Incidental Expenses can be reported in one of two ways 1. Taxpayers can report actual expenses and then reduce them by the applicable percentage 2. Taxpayers may report a standard amount to claim meals and entertainment or incidental expenses ♦ The taxpayer can use a standard amount for meals OR incidental expenses ♦ The standard amount for incidental expenses is $3 per day ♦ You can use this method ONLY if you didn't use the standard meals & entertainment allowance – cannot use both, so you only want to use this if you had no meals expenses on a day ♦ The standard amount for meals and entertainment is at http://www.gsa.gov/perdiem for expenses within the united states and http://aoprals.state.gov/content.asp?content_id=184&menu_id=78 for amounts outside the United Stateshttp://www.gsa.gov/perdiemhttp://aoprals.state.gov/content.asp?content_id=184&menu_id=78 ♦ Note it's based on where the taxpayer traveled TO ♦ Publication 463 (find at IRS website) has more details on using the standard amount which you can read (page 5-6) ♦ There is also info in the Form 2106 Instructions page 3 Records are required as specified earlier (slide 6) no matter what method is used Exercises page 22-4

10. © Kristina Shroyer 2011 Lesson 22: Business Travel Expenses Reporting Business Travel Expense Reported on Form 2106 or Form 2106-EZ ♦ The result is reported on Schedule A as a Miscellaneous Itemized Deduction Subject to 2%  Look at line 21 of Schedule A Determine if the taxpayer is eligible to file From 2106-EZ Requirements are at the top of Form 2016 EZ…summarized below: ♦ Must the standard mileage rate if claiming vehicle expenses AND ♦ Were not reimbursed by an employer for any expenses Determine if a taxpayer must file a Form 2106 Look at the Form 2106 Instructions (download from IRS website – I did, let's look) ♦ See the flowchart on who must file a Form 2106 Flowchart is on Page 1 (let's look at the questions) Generally in most cases if the taxpayer has job related vehicle expenses, job related meals and entertainment expenses, job related travel expenses and/or partial reimbursements from their employer they must file the Form 2106.

11. © Kristina Shroyer 2011 Lesson 22: Business Travel Expenses Form 2106 (the EZ is on page 201 of your Publication 4491-W) Part I - Calculates total Travel Expenses (has three steps – See below) ♦ Column A – for all travel expenses except meals and entertainment ♦ Column B – for meals and entertainment expense (do NOT multiply by 50% - this is done in step 3 of the process) Part II – Calculates Vehicle Expenses ♦ Section A – General Information about vehicle  The placed in service date is the date the vehicle began being used for business ♦ Section B – for taxpayers who use the standard mileage rate (for VITA all taxpayers will use this for vehicles or be out of scope) ♦ Section C and D – out of scope (for actual expense method) Note Part II has to be done first to get the Vehicle Expenses to put in Part I Three Steps to the 2106 in Part I Step 1: Complete for all taxpayers required to use the 2106 Step 2: Complete only if the employer reimbursed the taxpayer and the reimbursement is not included in the Employee's W-2 Step 3: Figure the expenses to deduct on Schedule A ♦ Subtract the reimbursement from the expenses ♦ Calculate meals and entertainment expense (50% or 80% multiplication) ♦ Determine the total deduction to be entered on Schedule A Let's look at the 2106 EZ also