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2011 Federal Tax Filing

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2011 Federal Tax Filing

2011 federal tax filing 6. 2011 federal tax filing   How To Report Table of Contents Where To ReportGifts. 2011 federal tax filing Statutory employees. 2011 federal tax filing Vehicle Provided by Your Employer ReimbursementsAccountable Plans Nonaccountable Plans Rules for Independent Contractors and Clients How To Use Per Diem Rate TablesThe Two Substantiation Methods Transition Rules Completing Forms 2106 and 2106-EZInformation on use of cars. 2011 federal tax filing Standard mileage rate. 2011 federal tax filing Actual expenses. 2011 federal tax filing Car rentals. 2011 federal tax filing Hours of service limits. 2011 federal tax filing Allocating your reimbursement. 2011 federal tax filing 1. 2011 federal tax filing Limit on meals and entertainment. 2011 federal tax filing 2. 2011 federal tax filing Limit on miscellaneous itemized deductions. 2011 federal tax filing 3. 2011 federal tax filing Limit on total itemized deductions. 2011 federal tax filing Special Rules This chapter explains where and how to report the expenses discussed in this publication. 2011 federal tax filing It discusses reimbursements and how to treat them under accountable and nonaccountable plans. 2011 federal tax filing It also explains rules for independent contractors and clients, fee-basis officials, certain performing artists, Armed Forces reservists, and certain disabled employees. 2011 federal tax filing The chapter ends with illustrations of how to report travel, entertainment, gift, and car expenses on Forms 2106 and 2106-EZ. 2011 federal tax filing Where To Report This section provides general information on where to report the expenses discussed in this publication. 2011 federal tax filing Self-employed. 2011 federal tax filing   You must report your income and expenses on Schedule C (Form 1040) or Schedule C-EZ (Form 1040) if you are a sole proprietor, or on Schedule F (Form 1040) if you are a farmer. 2011 federal tax filing You do not use Form 2106 or 2106-EZ. 2011 federal tax filing    If you claim car or truck expenses, you must provide certain information on the use of your vehicle. 2011 federal tax filing You provide this information on Schedule C (Form 1040), Schedule C-EZ (Form 1040), or Form 4562. 2011 federal tax filing   If you file Schedule C (Form 1040): Report your travel expenses, except meals, on line 24a, Report your deductible meals (actual cost or standard meal allowance) and entertainment on line 24b, Report your gift expenses and transportation expenses, other than car expenses, on line 27a, and Report your car expenses on line 9. 2011 federal tax filing Complete Part IV of the form unless you have to file Form 4562 for depreciation or amortization. 2011 federal tax filing   If you file Schedule C-EZ (Form 1040), report the total of all business expenses on line 2. 2011 federal tax filing You can only include 50% of your meals and entertainment in that total. 2011 federal tax filing If you include car expenses, you must also complete Part III of the form. 2011 federal tax filing    If you file Schedule F (Form 1040): Report your car expenses on line 10. 2011 federal tax filing Attach Form 4562 and provide information on the use of your car in Part V of Form 4562. 2011 federal tax filing Report all other business expenses discussed in this publication on line 32. 2011 federal tax filing You can only include 50% of your meals and entertainment on that line. 2011 federal tax filing See your form instructions for more information on how to complete your tax return. 2011 federal tax filing Both self-employed and an employee. 2011 federal tax filing   If you are both self-employed and an employee, you must keep separate records for each business activity. 2011 federal tax filing Report your business expenses for self-employment on Schedule C (Form 1040), Schedule C-EZ (Form 1040), or Schedule F (Form 1040), as discussed earlier. 2011 federal tax filing Report your business expenses for your work as an employee on Form 2106 or 2106-EZ, as discussed next. 2011 federal tax filing Employees. 2011 federal tax filing    If you are an employee, you generally must complete Form 2106 to deduct your travel, transportation, and entertainment expenses. 2011 federal tax filing However, you can use the shorter Form 2106-EZ instead of Form 2106 if you meet all of the following conditions. 2011 federal tax filing You are an employee deducting expenses attributable to your job. 2011 federal tax filing You were not reimbursed by your employer for your expenses (amounts included in box 1 of your Form W-2 are not considered reimbursements). 2011 federal tax filing If you claim car expenses, you use the standard mileage rate. 2011 federal tax filing   For more information on how to report your expenses on Forms 2106 and 2106-EZ, see Completing Forms 2106 and 2106-EZ , later. 2011 federal tax filing Gifts. 2011 federal tax filing   If you did not receive any reimbursements (or the reimbursements were all included in box 1 of your Form W-2), the only business expense you are claiming is for gifts, and the Special Rules discussed later do not apply to you, do not complete Form 2106 or 2106-EZ. 2011 federal tax filing Instead, claim the amount of your deductible gifts directly on line 21 of Schedule A (Form 1040). 2011 federal tax filing Statutory employees. 2011 federal tax filing    If you received a Form W-2 and the “Statutory employee” box in box 13 was checked, report your income and expenses related to that income on Schedule C (Form 1040) or Schedule C-EZ (Form 1040). 2011 federal tax filing Do not complete Form 2106 or 2106-EZ. 2011 federal tax filing   Statutory employees include full-time life insurance salespersons, certain agent or commission drivers, traveling salespersons, and certain homeworkers. 2011 federal tax filing If you are entitled to a reimbursement from your employer but you do not claim it, you cannot claim a deduction for the expenses to which that unclaimed reimbursement applies. 2011 federal tax filing Reimbursement for personal expenses. 2011 federal tax filing    If your employer reimburses you for nondeductible personal expenses, such as for vacation trips, your employer must report the reimbursement as wage income in box 1 of your Form W-2. 2011 federal tax filing You cannot deduct personal expenses. 2011 federal tax filing Income-producing property. 2011 federal tax filing   If you have travel or transportation expenses related to income-producing property, report your deductible expenses on the form appropriate for that activity. 2011 federal tax filing   For example, if you have rental real estate income and expenses, report your expenses on Schedule E (Form 1040), Supplemental Income and Loss. 2011 federal tax filing See Publication 527, Residential Rental Property, for more information on the rental of real estate. 2011 federal tax filing If you have deductible investment-related transportation expenses, report them on Schedule A (Form 1040), line 23. 2011 federal tax filing Vehicle Provided by Your Employer If your employer provides you with a car, you may be able to deduct the actual expenses of operating that car for business purposes. 2011 federal tax filing The amount you can deduct depends on the amount that your employer included in your income and the business and personal miles you drove during the year. 2011 federal tax filing You cannot use the standard mileage rate. 2011 federal tax filing Value reported on Form W-2. 2011 federal tax filing   Your employer can figure and report either the actual value of your personal use of the car or the value of the car as if you used it only for personal purposes (100% income inclusion). 2011 federal tax filing Your employer must separately state the amount if 100% of the annual lease value was included in your income. 2011 federal tax filing If you are unsure of the amount included on your Form W-2, ask your employer. 2011 federal tax filing Full value included in your income. 2011 federal tax filing   You can deduct the value of the business use of an employer-provided car if your employer reported 100% of the value of the car in your income. 2011 federal tax filing On your 2013 Form W-2, the amount of the value will be included in box 1, Wages, tips, other compensation, and box 14. 2011 federal tax filing    To claim your expenses, complete Form 2106, Part II, Sections A and C. 2011 federal tax filing Enter your actual expenses on line 23 of Section C and include the entire value of the employer-provided car on line 25. 2011 federal tax filing Complete the rest of the form. 2011 federal tax filing Less than full value included in your income. 2011 federal tax filing   If less than the full annual lease value of the car was included on your Form W-2, this means that your Form W-2 only includes the value of your personal use of the car. 2011 federal tax filing Do not enter this value on your Form 2106 because it is not deductible. 2011 federal tax filing   If you paid any actual costs (that your employer did not provide or reimburse you for) to operate the car, you can deduct the business portion of those costs. 2011 federal tax filing Examples of costs that you may have are gas, oil, and repairs. 2011 federal tax filing Complete Form 2106, Part II, Sections A and C. 2011 federal tax filing Enter your actual costs on line 23 of Section C and leave line 25 blank. 2011 federal tax filing Complete the rest of the form. 2011 federal tax filing Reimbursements This section explains what to do when you receive an advance or are reimbursed for any of the employee business expenses discussed in this publication. 2011 federal tax filing If you received an advance, allowance, or reimbursement for your expenses, how you report this amount and your expenses depends on whether your employer reimbursed you under an accountable plan or a nonaccountable plan. 2011 federal tax filing This section explains the two types of plans, how per diem and car allowances simplify proving the amount of your expenses, and the tax treatment of your reimbursements and expenses. 2011 federal tax filing It also covers rules for independent contractors. 2011 federal tax filing No reimbursement. 2011 federal tax filing   You are not reimbursed or given an allowance for your expenses if you are paid a salary or commission with the understanding that you will pay your own expenses. 2011 federal tax filing In this situation, you have no reimbursement or allowance arrangement, and you do not have to read this section on reimbursements. 2011 federal tax filing Instead, see Completing Forms 2106 and 2106-EZ , later, for information on completing your tax return. 2011 federal tax filing Reimbursement, allowance, or advance. 2011 federal tax filing   A reimbursement or other expense allowance arrangement is a system or plan that an employer uses to pay, substantiate, and recover the expenses, advances, reimbursements, and amounts charged to the employer for employee business expenses. 2011 federal tax filing Arrangements include per diem and car allowances. 2011 federal tax filing    A per diem allowance is a fixed amount of daily reimbursement your employer gives you for your lodging, meals, and incidental expenses when you are away from home on business. 2011 federal tax filing (The term “ incidental expenses ” is defined in chapter 1 under Standard Meal Allowance. 2011 federal tax filing ) A car allowance is an amount your employer gives you for the business use of your car. 2011 federal tax filing   Your employer should tell you what method of reimbursement is used and what records you must provide. 2011 federal tax filing Employers. 2011 federal tax filing   If you are an employer and you reimburse employee business expenses, how you treat this reimbursement on your employee's Form W-2 depends in part on whether you have an accountable plan. 2011 federal tax filing Reimbursements treated as paid under an accountable plan, as explained next, are not reported as pay. 2011 federal tax filing Reimbursements treated as paid under nonaccountable plans , as explained later, are reported as pay. 2011 federal tax filing See Publication 15 (Circular E), Employer's Tax Guide, for information on employee pay. 2011 federal tax filing Accountable Plans To be an accountable plan, your employer's reimbursement or allowance arrangement must include all of the following rules: Your expenses must have a business connection — that is, you must have paid or incurred deductible expenses while performing services as an employee of your employer. 2011 federal tax filing You must adequately account to your employer for these expenses within a reasonable period of time. 2011 federal tax filing You must return any excess reimbursement or allowance within a reasonable period of time. 2011 federal tax filing “ Adequate accounting ” and “ returning excess reimbursements ” are discussed later. 2011 federal tax filing An excess reimbursement or allowance is any amount you are paid that is more than the business-related expenses that you adequately accounted for to your employer. 2011 federal tax filing Reasonable period of time. 2011 federal tax filing   The definition of reasonable period of time depends on the facts and circumstances of your situation. 2011 federal tax filing However, regardless of the facts and circumstances of your situation, actions that take place within the times specified in the following list will be treated as taking place within a reasonable period of time. 2011 federal tax filing You receive an advance within 30 days of the time you have an expense. 2011 federal tax filing You adequately account for your expenses within 60 days after they were paid or incurred. 2011 federal tax filing You return any excess reimbursement within 120 days after the expense was paid or incurred. 2011 federal tax filing You are given a periodic statement (at least quarterly) that asks you to either return or adequately account for outstanding advances and you comply within 120 days of the statement. 2011 federal tax filing Employee meets accountable plan rules. 2011 federal tax filing   If you meet the three rules for accountable plans, your employer should not include any reimbursements in your income in box 1 of your Form W-2. 2011 federal tax filing If your expenses equal your reimbursements, you do not complete Form 2106. 2011 federal tax filing You have no deduction since your expenses and reimbursement are equal. 2011 federal tax filing    If your employer included reimbursements in box 1 of your Form W-2 and you meet all the rules for accountable plans, ask your employer for a corrected Form W-2. 2011 federal tax filing Accountable plan rules not met. 2011 federal tax filing   Even though you are reimbursed under an accountable plan, some of your expenses may not meet all three rules. 2011 federal tax filing All reimbursements that fail to meet all three rules for accountable plans are generally treated as having been reimbursed under a nonaccountable plan (discussed later). 2011 federal tax filing Failure to return excess reimbursements. 2011 federal tax filing   If you are reimbursed under an accountable plan, but you fail to return, within a reasonable time, any amounts in excess of the substantiated amounts, the amounts paid in excess of the substantiated expenses are treated as paid under a nonaccountable plan. 2011 federal tax filing See Reasonable period of time , earlier, and Returning Excess Reimbursements , later. 2011 federal tax filing Reimbursement of nondeductible expenses. 2011 federal tax filing   You may be reimbursed under your employer's accountable plan for expenses related to that employer's business, some of which are deductible as employee business expenses and some of which are not deductible. 2011 federal tax filing The reimbursements you receive for the nondeductible expenses do not meet rule (1) for accountable plans, and they are treated as paid under a nonaccountable plan. 2011 federal tax filing Example. 2011 federal tax filing Your employer's plan reimburses you for travel expenses while away from home on business and also for meals when you work late at the office, even though you are not away from home. 2011 federal tax filing The part of the arrangement that reimburses you for the nondeductible meals when you work late at the office is treated as paid under a nonaccountable plan. 2011 federal tax filing The employer makes the decision whether to reimburse employees under an accountable plan or a nonaccountable plan. 2011 federal tax filing If you are an employee who receives payments under a nonaccountable plan, you cannot convert these amounts to payments under an accountable plan by voluntarily accounting to your employer for the expenses and voluntarily returning excess reimbursements to the employer. 2011 federal tax filing Adequate Accounting One of the rules for an accountable plan is that you must adequately account to your employer for your expenses. 2011 federal tax filing You adequately account by giving your employer a statement of expense, an account book, a diary, or a similar record in which you entered each expense at or near the time you had it, along with documentary evidence (such as receipts) of your travel, mileage, and other employee business expenses. 2011 federal tax filing (See Table 5-1 in chapter 5 for details you need to enter in your record and documents you need to prove certain expenses. 2011 federal tax filing ) A per diem or car allowance satisfies the adequate accounting requirement under certain conditions. 2011 federal tax filing See Per Diem and Car Allowances , later. 2011 federal tax filing You must account for all amounts you received from your employer during the year as advances, reimbursements, or allowances. 2011 federal tax filing This includes amounts you charged to your employer by credit card or other method. 2011 federal tax filing You must give your employer the same type of records and supporting information that you would have to give to the IRS if the IRS questioned a deduction on your return. 2011 federal tax filing You must pay back the amount of any reimbursement or other expense allowance for which you do not adequately account or that is more than the amount for which you accounted. 2011 federal tax filing Per Diem and Car Allowances If your employer reimburses you for your expenses using a per diem or a car allowance, you can generally use the allowance as proof for the amount of your expenses. 2011 federal tax filing A per diem or car allowance satisfies the adequate accounting requirements for the amount of your expenses only if all the following conditions apply. 2011 federal tax filing Your employer reasonably limits payments of your expenses to those that are ordinary and necessary in the conduct of the trade or business. 2011 federal tax filing The allowance is similar in form to and not more than the federal rate (defined later). 2011 federal tax filing You prove the time (dates), place, and business purpose of your expenses to your employer (as explained in Table 5-1 ) within a reasonable period of time. 2011 federal tax filing You are not related to your employer (as defined next). 2011 federal tax filing If you are related to your employer, you must be able to prove your expenses to the IRS even if you have already adequately accounted to your employer and returned any excess reimbursement. 2011 federal tax filing If the IRS finds that an employer's travel allowance practices are not based on reasonably accurate estimates of travel costs (including recognition of cost differences in different areas for per diem amounts), you will not be considered to have accounted to your employer. 2011 federal tax filing In this case, you must be able to prove your expenses to the IRS. 2011 federal tax filing Related to employer. 2011 federal tax filing   You are related to your employer if: Your employer is your brother or sister, half brother or half sister, spouse, ancestor, or lineal descendant, Your employer is a corporation in which you own, directly or indirectly, more than 10% in value of the outstanding stock, or Certain relationships (such as grantor, fiduciary, or beneficiary) exist between you, a trust, and your employer. 2011 federal tax filing You may be considered to indirectly own stock, for purposes of (2), if you have an interest in a corporation, partnership, estate, or trust that owns the stock or if a member of your family or your partner owns the stock. 2011 federal tax filing The federal rate. 2011 federal tax filing   The federal rate can be figured using any one of the following methods. 2011 federal tax filing For per diem amounts: The regular federal per diem rate. 2011 federal tax filing The standard meal allowance. 2011 federal tax filing The high-low rate. 2011 federal tax filing For car expenses: The standard mileage rate. 2011 federal tax filing A fixed and variable rate (FAVR). 2011 federal tax filing    For per diem amounts, use the rate in effect for the area where you stop for sleep or rest. 2011 federal tax filing Regular federal per diem rate. 2011 federal tax filing   The regular federal per diem rate is the highest amount that the federal government will pay to its employees for lodging, meals, and incidental expenses (or meals and incidental expenses only) while they are traveling away from home in a particular area. 2011 federal tax filing The rates are different for different locations. 2011 federal tax filing Your employer should have these rates available. 2011 federal tax filing You can also find federal per diem rates at www. 2011 federal tax filing gsa. 2011 federal tax filing gov/perdiem. 2011 federal tax filing The standard meal allowance. 2011 federal tax filing   The standard meal allowance (discussed in chapter 1) is the federal rate for meals and incidental expenses (M&IE). 2011 federal tax filing The rate for most small localities in the United States is $46 a day. 2011 federal tax filing Most major cities and many other localities qualify for higher rates. 2011 federal tax filing You can find this information on the Internet at www. 2011 federal tax filing gsa. 2011 federal tax filing gov/perdiem. 2011 federal tax filing   You receive an allowance only for meals and incidental expenses when your employer does one of the following. 2011 federal tax filing Provides you with lodging (furnishes it in kind). 2011 federal tax filing Reimburses you, based on your receipts, for the actual cost of your lodging. 2011 federal tax filing Pays the hotel, motel, etc. 2011 federal tax filing , directly for your lodging. 2011 federal tax filing Does not have a reasonable belief that you had (or will have) lodging expenses, such as when you stay with friends or relatives or sleep in the cab of your truck. 2011 federal tax filing Figures the allowance on a basis similar to that used in computing your compensation, such as number of hours worked or miles traveled. 2011 federal tax filing High-low rate. 2011 federal tax filing   This is a simplified method of computing the federal per diem rate for travel within the continental United States. 2011 federal tax filing It eliminates the need to keep a current list of the per diem rates for each city. 2011 federal tax filing   Under the high-low method, the per diem amount for travel during January through September of 2013 is $242 (including $65 for M&IE) for certain high-cost locations. 2011 federal tax filing All other areas have a per diem amount of $163 (including $52 for M&IE). 2011 federal tax filing For more information, see Notice 2012-63, which can be found on the Internet at www. 2011 federal tax filing irs. 2011 federal tax filing gov/irb/2012-42_IRB/ar12. 2011 federal tax filing html. 2011 federal tax filing    Effective October 1, 2013, the per diem rate for certain high-cost locations increased to $251 (including $65 for M&IE). 2011 federal tax filing The rate for all other locations increased to $170 (including $52 for M&IE). 2011 federal tax filing Employers who did not use the high-low method during the first 9 months of 2013 cannot begin to use it before 2014. 2011 federal tax filing For more information, see Notice 2013-65, which can be found on the Internet at www. 2011 federal tax filing irs. 2011 federal tax filing gov/pub/irs-drop/n-13–65. 2011 federal tax filing pdf and Revenue Procedure 2011-47 at www. 2011 federal tax filing irs. 2011 federal tax filing gov/irb/2011-42_IRB/ar12. 2011 federal tax filing html. 2011 federal tax filing Prorating the standard meal allowance on partial days of travel. 2011 federal tax filing   The standard meal allowance is for a full 24-hour day of travel. 2011 federal tax filing If you travel for part of a day, such as on the days you depart and return, you must prorate the full-day M&IE rate. 2011 federal tax filing This rule also applies if your employer uses the regular federal per diem rate or the high-low rate. 2011 federal tax filing   You can use either of the following methods to figure the federal M&IE for that day. 2011 federal tax filing Method 1: For the day you depart, add 3/4 of the standard meal allowance amount for that day. 2011 federal tax filing For the day you return, add 3/4 of the standard meal allowance amount for the preceding day. 2011 federal tax filing Method 2: Prorate the standard meal allowance using any method you consistently apply in accordance with reasonable business practice. 2011 federal tax filing For example, an employer can treat 2 full days of per diem (that includes M&IE) paid for travel away from home from 9 a. 2011 federal tax filing m. 2011 federal tax filing of one day to 5 p. 2011 federal tax filing m. 2011 federal tax filing of the next day as being no more than the federal rate. 2011 federal tax filing This is true even though a federal employee would be limited to a reimbursement of M&IE for only 1½ days of the federal M&IE rate. 2011 federal tax filing The standard mileage rate. 2011 federal tax filing   This is a set rate per mile that you can use to compute your deductible car expenses. 2011 federal tax filing For 2013, the standard mileage rate for the cost of operating your car for business use is 56½ cents per mile. 2011 federal tax filing Fixed and variable rate (FAVR). 2011 federal tax filing   This is an allowance your employer may use to reimburse your car expenses. 2011 federal tax filing Under this method, your employer pays an allowance that includes a combination of payments covering fixed and variable costs, such as a cents-per-mile rate to cover your variable operating costs (such as gas, oil, etc. 2011 federal tax filing ) plus a flat amount to cover your fixed costs (such as depreciation (or lease payments), insurance, etc. 2011 federal tax filing ). 2011 federal tax filing If your employer chooses to use this method, your employer will request the necessary records from you. 2011 federal tax filing Reporting your expenses with a per diem or car allowance. 2011 federal tax filing   If your reimbursement is in the form of an allowance received under an accountable plan, the following facts affect your reporting. 2011 federal tax filing The federal rate. 2011 federal tax filing Whether the allowance or your actual expenses were more than the federal rate. 2011 federal tax filing The following discussions explain where to report your expenses depending upon how the amount of your allowance compares to the federal rate. 2011 federal tax filing Allowance less than or equal to the federal rate. 2011 federal tax filing   If your allowance is less than or equal to the federal rate, the allowance will not be included in box 1 of your Form W-2. 2011 federal tax filing You do not need to report the related expenses or the allowance on your return if your expenses are equal to or less than the allowance. 2011 federal tax filing   However, if your actual expenses are more than your allowance, you can complete Form 2106 and deduct the excess amount on Schedule A (Form 1040). 2011 federal tax filing If you are using actual expenses, you must be able to prove to the IRS the total amount of your expenses and reimbursements for the entire year. 2011 federal tax filing If you are using the standard meal allowance or the standard mileage rate, you do not have to prove that amount. 2011 federal tax filing Example 1. 2011 federal tax filing In April, Jeremy takes a 2-day business trip to Denver. 2011 federal tax filing The federal rate for Denver is $215 per day. 2011 federal tax filing As required by his employer's accountable plan, he accounts for the time (dates), place, and business purpose of the trip. 2011 federal tax filing His employer reimburses him $215 a day ($430 total) for living expenses. 2011 federal tax filing Jeremy's living expenses in Denver are not more than $215 a day. 2011 federal tax filing Jeremy's employer does not include any of the reimbursement on his Form W-2 and Jeremy does not deduct the expenses on his return. 2011 federal tax filing Example 2. 2011 federal tax filing In June, Matt takes a 2-day business trip to Boston. 2011 federal tax filing Matt's employer uses the high-low method to reimburse employees. 2011 federal tax filing Since Boston is a high-cost area, Matt is given an advance of $242 a day ($484 total) for his lodging, meals, and incidental expenses. 2011 federal tax filing Matt's actual expenses totaled $700. 2011 federal tax filing Since Matt's $700 of expenses are more than his $484 advance, he includes the excess expenses when he itemizes his deductions. 2011 federal tax filing Matt completes Form 2106 (showing all of his expenses and reimbursements). 2011 federal tax filing He must also allocate his reimbursement between his meals and other expenses as discussed later under Completing Forms 2106 and 2106-EZ . 2011 federal tax filing Example 3. 2011 federal tax filing Nicole drives 10,000 miles in 2013 for business. 2011 federal tax filing Under her employer's accountable plan, she accounts for the time (dates), place, and business purpose of each trip. 2011 federal tax filing Her employer pays her a mileage allowance of 40 cents a mile. 2011 federal tax filing Since Nicole's $5,650 expense computed under the standard mileage rate (10,000 miles x 56½ cents) is more than her $4,000 reimbursement (10,000 miles × 40 cents), she itemizes her deductions to claim the excess expense. 2011 federal tax filing Nicole completes Form 2106 (showing all her expenses and reimbursements) and enters $1,650 ($5,650 − $4,000) as an itemized deduction. 2011 federal tax filing Allowance more than the federal rate. 2011 federal tax filing   If your allowance is more than the federal rate, your employer must include the allowance amount up to the federal rate in box 12 of your Form W-2. 2011 federal tax filing This amount is not taxable. 2011 federal tax filing However, the excess allowance will be included in box 1 of your Form W-2. 2011 federal tax filing You must report this part of your allowance as if it were wage income. 2011 federal tax filing   If your actual expenses are less than or equal to the federal rate, you do not complete Form 2106 or claim any of your expenses on your return. 2011 federal tax filing   However, if your actual expenses are more than the federal rate, you can complete Form 2106 and deduct those excess expenses. 2011 federal tax filing You must report on Form 2106 your reimbursements up to the federal rate (as shown in box 12 of your Form W-2) and all your expenses. 2011 federal tax filing You should be able to prove these amounts to the IRS. 2011 federal tax filing Example 1. 2011 federal tax filing Laura lives and works in Austin. 2011 federal tax filing In July her employer sent her to Albuquerque for 4 days on business. 2011 federal tax filing Laura's employer paid the hotel directly for her lodging and reimbursed Laura $65 a day ($260 total) for meals and incidental expenses. 2011 federal tax filing Laura's actual meal expenses were not more than the federal rate for Albuquerque, which is $56 per day. 2011 federal tax filing Table 6-1. 2011 federal tax filing Reporting Travel, Entertainment, Gift, and Car Expenses and Reimbursements IF the type of reimbursement (or  other expense allowance)  arrangement is under: THEN the employer reports on Form W-2: AND the employee reports on  Form 2106: * An accountable plan with: Actual expense reimbursement: Adequate accounting made and excess returned. 2011 federal tax filing No amount. 2011 federal tax filing No amount. 2011 federal tax filing Actual expense reimbursement: Adequate accounting and return of excess both required but excess not returned. 2011 federal tax filing The excess amount as wages in box 1. 2011 federal tax filing No amount. 2011 federal tax filing Per diem or mileage allowance up to the federal rate: Adequate accounting made and excess returned. 2011 federal tax filing No amount. 2011 federal tax filing All expenses and reimbursements only if excess expenses are claimed. 2011 federal tax filing Otherwise, form is not filed. 2011 federal tax filing Per diem or mileage allowance up to the federal rate: Adequate accounting and return of excess both required but excess not returned. 2011 federal tax filing The excess amount as wages in box 1. 2011 federal tax filing The amount up to the federal rate is reported only in box 12—it is not reported in box 1. 2011 federal tax filing No amount. 2011 federal tax filing Per diem or mileage allowance exceeds the federal rate: Adequate accounting up to the federal rate only and excess not returned. 2011 federal tax filing The excess amount as wages in box 1. 2011 federal tax filing The amount up to the federal rate is reported only in box 12—it is not reported in box 1. 2011 federal tax filing All expenses (and reimbursements reported on Form W-2, box 12) only if expenses in excess of the federal rate are claimed. 2011 federal tax filing Otherwise, form is not filed. 2011 federal tax filing A nonaccountable plan with: Either adequate accounting or return of excess, or both, not required by plan. 2011 federal tax filing The entire amount as wages in box 1. 2011 federal tax filing All expenses. 2011 federal tax filing No reimbursement plan: The entire amount as wages in box 1. 2011 federal tax filing All expenses. 2011 federal tax filing * You may be able to use Form 2106-EZ. 2011 federal tax filing See Completing Forms 2106 and 2106-EZ . 2011 federal tax filing Her employer included the $36 that was more than the federal rate (($65 − $56) × 4) in box 1 of Laura's Form W-2. 2011 federal tax filing Her employer shows $224 ($56 a day × 4) in box 12 of her Form W-2. 2011 federal tax filing This amount is not included in Laura's income. 2011 federal tax filing Laura does not have to complete Form 2106; however, she must include the $36 in her gross income as wages (by reporting the total amount shown in box 1 of her Form W-2). 2011 federal tax filing Example 2. 2011 federal tax filing Joe also lives in Austin and works for the same employer as Laura. 2011 federal tax filing In May the employer sent Joe to San Diego for 4 days and paid the hotel directly for Joe's hotel bill. 2011 federal tax filing The employer reimbursed Joe $75 a day for his meals and incidental expenses. 2011 federal tax filing The federal rate for San Diego is $71 a day. 2011 federal tax filing Joe can prove that his actual meal expenses totaled $380. 2011 federal tax filing His employer's accountable plan will not pay more than $75 a day for travel to San Diego, so Joe does not give his employer the records that prove that he actually spent $380. 2011 federal tax filing However, he does account for the time, place, and business purpose of the trip. 2011 federal tax filing This is Joe's only business trip this year. 2011 federal tax filing Joe was reimbursed $300 ($75 × 4 days), which is $16 more than the federal rate of $284 ($71 × 4 days). 2011 federal tax filing The employer includes the $16 as income on Joe's Form W-2 in box 1. 2011 federal tax filing The employer also enters $284 in box 12 of Joe's Form W-2. 2011 federal tax filing Joe completes Form 2106 to figure his deductible expenses. 2011 federal tax filing He enters the total of his actual expenses for the year ($380) on Form 2106. 2011 federal tax filing He also enters the reimbursements that were not included in his income ($284). 2011 federal tax filing His total deductible expense, before the 50% limit, is $96. 2011 federal tax filing After he figures the 50% limit on his unreimbursed meals and entertainment, he will include the balance, $48, as an itemized deduction. 2011 federal tax filing Example 3. 2011 federal tax filing Debbie drives 10,000 miles in 2013 for business. 2011 federal tax filing Under her employer's accountable plan, she gets reimbursed 60 cents a mile, which is more than the standard mileage rate. 2011 federal tax filing Her total reimbursement is $6,000. 2011 federal tax filing Debbie's employer must include the reimbursement amount up to the standard mileage rate, $5,650 (10,000 × 56½ cents), in box 12 of her Form W-2. 2011 federal tax filing That amount is not taxable. 2011 federal tax filing Her employer must also include $350 ($6,000 − $5,650) in box 1 of her Form W-2. 2011 federal tax filing This is the reimbursement that is more than the standard mileage rate. 2011 federal tax filing If Debbie's expenses are equal to or less than the standard mileage rate, she would not complete Form 2106. 2011 federal tax filing If her expenses are more than the standard mileage rate, she would complete Form 2106 and report her total expenses and reimbursement (shown in box 12 of her Form W-2). 2011 federal tax filing She would then claim the excess expenses as an itemized deduction. 2011 federal tax filing Returning Excess Reimbursements Under an accountable plan, you are required to return any excess reimbursement or other expense allowances for your business expenses to the person paying the reimbursement or allowance. 2011 federal tax filing Excess reimbursement means any amount for which you did not adequately account within a reasonable period of time. 2011 federal tax filing For example, if you received a travel advance and you did not spend all the money on business-related expenses or you do not have proof of all your expenses, you have an excess reimbursement. 2011 federal tax filing “ Adequate accounting ” and “ reasonable period of time ” were discussed earlier in this chapter. 2011 federal tax filing Travel advance. 2011 federal tax filing   You receive a travel advance if your employer provides you with an expense allowance before you actually have the expense, and the allowance is reasonably expected to be no more than your expense. 2011 federal tax filing Under an accountable plan, you are required to adequately account to your employer for this advance and to return any excess within a reasonable period of time. 2011 federal tax filing   If you do not adequately account for or do not return any excess advance within a reasonable period of time, the amount you do not account for or return will be treated as having been paid under a nonaccountable plan (discussed later). 2011 federal tax filing Unproved amounts. 2011 federal tax filing   If you do not prove that you actually traveled on each day for which you received a per diem or car allowance (proving the elements described in Table 5-1 ), you must return this unproved amount of the travel advance within a reasonable period of time. 2011 federal tax filing If you do not do this, the unproved amount will be considered paid under a nonaccountable plan (discussed later). 2011 federal tax filing Per diem allowance more than federal rate. 2011 federal tax filing   If your employer's accountable plan pays you an allowance that is higher than the federal rate, you do not have to return the difference between the two rates for the period you can prove business-related travel expenses. 2011 federal tax filing However, the difference will be reported as wages on your Form W-2. 2011 federal tax filing This excess amount is considered paid under a nonaccountable plan (discussed later). 2011 federal tax filing Example. 2011 federal tax filing Your employer sends you on a 5-day business trip to Phoenix in March 2013 and gives you a $400 ($80 × 5 days) advance to cover your meals and incidental expenses. 2011 federal tax filing The federal per diem for meals and incidental expenses for Phoenix is $71. 2011 federal tax filing Your trip lasts only 3 days. 2011 federal tax filing Under your employer's accountable plan, you must return the $160 ($80 × 2 days) advance for the 2 days you did not travel. 2011 federal tax filing For the 3 days you did travel you do not have to return the $27 difference between the allowance you received and the federal rate for Phoenix (($80 − $71) × 3 days). 2011 federal tax filing However, the $27 will be reported on your Form W-2 as wages. 2011 federal tax filing Nonaccountable Plans A nonaccountable plan is a reimbursement or expense allowance arrangement that does not meet one or more of the three rules listed earlier under Accountable Plans. 2011 federal tax filing In addition, even if your employer has an accountable plan, the following payments will be treated as being paid under a nonaccountable plan: Excess reimbursements you fail to return to your employer, and Reimbursement of nondeductible expenses related to your employer's business. 2011 federal tax filing See Reimbursement of nondeductible expenses , earlier, under Accountable Plans. 2011 federal tax filing An arrangement that repays you for business expenses by reducing the amount reported as your wages, salary, or other pay will be treated as a nonaccountable plan. 2011 federal tax filing This is because you are entitled to receive the full amount of your pay whether or not you have any business expenses. 2011 federal tax filing If you are not sure if the reimbursement or expense allowance arrangement is an accountable or nonaccountable plan, ask your employer. 2011 federal tax filing Reporting your expenses under a nonaccountable plan. 2011 federal tax filing   Your employer will combine the amount of any reimbursement or other expense allowance paid to you under a nonaccountable plan with your wages, salary, or other pay. 2011 federal tax filing Your employer will report the total in box 1 of your Form W-2. 2011 federal tax filing    You must complete Form 2106 or 2106-EZ and itemize your deductions to deduct your expenses for travel, transportation, meals, or entertainment. 2011 federal tax filing Your meal and entertainment expenses will be subject to the 50% limit discussed in chapter 2. 2011 federal tax filing Also, your total expenses will be subject to the 2%-of-adjusted-gross-income limit that applies to most miscellaneous itemized deductions. 2011 federal tax filing Example 1. 2011 federal tax filing Kim's employer gives her $1,000 a month ($12,000 total for the year) for her business expenses. 2011 federal tax filing Kim does not have to provide any proof of her expenses to her employer, and Kim can keep any funds that she does not spend. 2011 federal tax filing Kim is being reimbursed under a nonaccountable plan. 2011 federal tax filing Her employer will include the $12,000 on Kim's Form W-2 as if it were wages. 2011 federal tax filing If Kim wants to deduct her business expenses, she must complete Form 2106 or 2106-EZ and itemize her deductions. 2011 federal tax filing Example 2. 2011 federal tax filing Kevin is paid $2,000 a month by his employer. 2011 federal tax filing On days that he travels away from home on business, his employer designates $50 a day of his salary as paid to reimburse his travel expenses. 2011 federal tax filing Because his employer would pay Kevin his monthly salary whether or not he was traveling away from home, the arrangement is a nonaccountable plan. 2011 federal tax filing No part of the $50 a day designated by his employer is treated as paid under an accountable plan. 2011 federal tax filing Rules for Independent Contractors and Clients This section provides rules for independent contractors who incur expenses on behalf of a client or customer. 2011 federal tax filing The rules cover the reporting and substantiation of certain expenses discussed in this publication, and they affect both independent contractors and their clients or customers. 2011 federal tax filing You are considered an independent contractor if you are self-employed and you perform services for a customer or client. 2011 federal tax filing Accounting to Your Client If you received a reimbursement or an allowance for travel, entertainment, or gift expenses that you incurred on behalf of a client, you should provide an adequate accounting of these expenses to your client. 2011 federal tax filing If you do not account to your client for these expenses, you must include any reimbursements or allowances in income. 2011 federal tax filing You must keep adequate records of these expenses whether or not you account to your client for these expenses. 2011 federal tax filing If you do not separately account for and seek reimbursement for meals and entertainment in connection with providing services for a client, you are subject to the 50% limit on those expenses. 2011 federal tax filing See 50% Limit in chapter 2. 2011 federal tax filing Adequate accounting. 2011 federal tax filing   As a self-employed person, you adequately account by reporting your actual expenses. 2011 federal tax filing You should follow the recordkeeping rules in chapter 5 . 2011 federal tax filing How to report. 2011 federal tax filing   For information on how to report expenses on your tax return, see Self-employed at the beginning of this chapter. 2011 federal tax filing Required Records for Clients or Customers If you are a client or customer, you generally do not have to keep records to prove the reimbursements or allowances you give, in the course of your business, to an independent contractor for travel or gift expenses incurred on your behalf. 2011 federal tax filing However, you must keep records if: You reimburse the contractor for entertainment expenses incurred on your behalf, and The contractor adequately accounts to you for these expenses. 2011 federal tax filing Contractor adequately accounts. 2011 federal tax filing   If the contractor adequately accounts to you for entertainment expenses, you (the client or customer) must keep records documenting each element of the expense, as explained in chapter 5 . 2011 federal tax filing Use your records as proof for a deduction on your tax return. 2011 federal tax filing If entertainment expenses are accounted for separately, you are subject to the 50% limit on entertainment. 2011 federal tax filing If the contractor adequately accounts to you for reimbursed amounts, you do not have to report the amounts on an information return. 2011 federal tax filing Contractor does not adequately account. 2011 federal tax filing    If the contractor does not adequately account to you for allowances or reimbursements of entertainment expenses, you do not have to keep records of these items. 2011 federal tax filing You are not subject to the 50% limit on entertainment in this case. 2011 federal tax filing You can deduct the reimbursements or allowances as payment for services if they are ordinary and necessary business expenses. 2011 federal tax filing However, you must file Form 1099-MISC to report amounts paid to the independent contractor if the total of the reimbursements and any other fees is $600 or more during the calendar year. 2011 federal tax filing How To Use Per Diem Rate Tables This section contains information about the per diem rate substantiation methods available and the choice of rates you must make for the last 3 months of the year. 2011 federal tax filing The Two Substantiation Methods High-low method. 2011 federal tax filing   IRS notices list the localities that are treated under the high-low substantiation method as high-cost localities for all or part of the year. 2011 federal tax filing Notice 2012–63, available at www. 2011 federal tax filing irs. 2011 federal tax filing gov/irb/2012–42_IRB/ar12. 2011 federal tax filing html, lists the localities that are eligible for $242 ($65 meals and incidental expenses (M&IE)) per diem, effective October 1, 2012. 2011 federal tax filing For travel on or after October 1, 2012, all other localities within CONUS are eligible for $163 ($52 M&IE) per diem under the high-low method. 2011 federal tax filing   Notice 2013–65, available at www. 2011 federal tax filing irs. 2011 federal tax filing gov/pub/irs-drop/n-13–65. 2011 federal tax filing pdf, lists the localities that are eligible for $251 ($65 M&IE) per diem, effective October 1, 2013. 2011 federal tax filing For travel on or after October 1, 2013, the per diem for all other localities increased to $170 ($52 M&IE). 2011 federal tax filing Regular federal per diem rate method. 2011 federal tax filing   Regular federal per diem rates are published by the General Services Administration (GSA). 2011 federal tax filing Both tables include the separate rate for meals and incidental expenses (M&IE) for each locality. 2011 federal tax filing The rates listed for FY2013 at www. 2011 federal tax filing gsa. 2011 federal tax filing gov/perdiem are effective October 1, 2012 and those listed for FY2014 are effective October 1, 2013. 2011 federal tax filing The standard rate for all locations within CONUS not specifically listed for FY2013 is $123 ($77 for lodging and $46 for M&IE). 2011 federal tax filing For FY2014, this rate increased to $129 ($83 for lodging and $46 for M&IE). 2011 federal tax filing Transition Rules The transition period covers the last 3 months of the calendar year, from the time that new rates are effective (generally October 1) through December 31. 2011 federal tax filing During this period, you generally may change to the new rates or finish out the year with the rates you had been using. 2011 federal tax filing High-low method. 2011 federal tax filing   If you use the high-low substantiation method, when new rates become effective (generally October 1) you can either continue with the rates you used for the first part of the year or change to the new rates. 2011 federal tax filing However, you must continue using the high-low method for the rest of the calendar year (through December 31). 2011 federal tax filing If you are an employer, you must use the same rates for all employees reimbursed under the high-low method during that calendar year. 2011 federal tax filing   The new rates and localities for the high-low method are included each year in a notice that is generally published in mid-to-late-September. 2011 federal tax filing You can find the notice in the weekly Internal Revenue Bulletin (IRB) on the Internet at www. 2011 federal tax filing irs. 2011 federal tax filing gov/irb. 2011 federal tax filing Federal per diem rate method. 2011 federal tax filing   New CONUS per diem rates become effective on October 1 of each year and remain in effect through September 30 of the following year. 2011 federal tax filing Employees being reimbursed under the per diem rate method during the first 9 months of a year (January 1–September 30) must continue under the same method through the end of that calendar year (December 31). 2011 federal tax filing However, for travel by these employees from October 1 through December 31, you can choose to continue using the same per diem rates or use the new rates. 2011 federal tax filing   The new federal CONUS per diem rates are published each year, generally early in September, on the Internet. 2011 federal tax filing Go to www. 2011 federal tax filing gsa. 2011 federal tax filing gov/perdiem. 2011 federal tax filing Per diem rates for localities listed for FY2014 may change at any time. 2011 federal tax filing To be sure you have the most current rate, check www. 2011 federal tax filing gsa. 2011 federal tax filing gov/perdiem. 2011 federal tax filing Completing Forms 2106 and 2106-EZ This section briefly describes how employees complete Forms 2106 and 2106-EZ. 2011 federal tax filing Table 6-1 explains what the employer reports on Form W-2 and what the employee reports on Form 2106. 2011 federal tax filing The instructions for the forms have more information on completing them. 2011 federal tax filing If you are self-employed, do not file Form 2106 or 2106-EZ. 2011 federal tax filing Report your expenses on Schedule C (Form 1040), Schedule C-EZ (Form 1040), or Schedule F (Form 1040). 2011 federal tax filing See the instructions for the form that you must file. 2011 federal tax filing Form 2106-EZ. 2011 federal tax filing   You may be able to use the shorter Form 2106-EZ to claim your employee business expenses. 2011 federal tax filing You can use this form if you meet all the following conditions. 2011 federal tax filing You are an employee deducting ordinary and necessary expenses attributable to your job. 2011 federal tax filing You were not reimbursed by your employer for your expenses (amounts included in box 1 of your Form W-2 are not considered reimbursements). 2011 federal tax filing If you are claiming car expenses, you are using the standard mileage rate. 2011 federal tax filing Car expenses. 2011 federal tax filing   If you used a car to perform your job as an employee, you may be able to deduct certain car expenses. 2011 federal tax filing These are generally figured on Form 2106, Part II, and then claimed on Form 2106, Part I, line 1, Column A. 2011 federal tax filing Car expenses using the standard mileage rate can also be figured on Form 2106-EZ by completing Part II and Part I, line 1. 2011 federal tax filing Information on use of cars. 2011 federal tax filing   If you claim any deduction for the business use of a car, you must answer certain questions and provide information about the use of the car. 2011 federal tax filing The information relates to the following items. 2011 federal tax filing Date placed in service. 2011 federal tax filing Mileage (total, business, commuting, and other personal mileage). 2011 federal tax filing Percentage of business use. 2011 federal tax filing After-work use. 2011 federal tax filing Use of other vehicles. 2011 federal tax filing Whether you have evidence to support the deduction. 2011 federal tax filing Whether or not the evidence is written. 2011 federal tax filing Employees must complete Form 2106, Part II, Section A, or Form 2106-EZ, Part II, to provide this information. 2011 federal tax filing Standard mileage rate. 2011 federal tax filing   If you claim a deduction based on the standard mileage rate instead of your actual expenses, you must complete Form 2106, Part II, Section B. 2011 federal tax filing The amount on line 22 (Section B) is carried to Form 2106, Part I, line 1. 2011 federal tax filing In addition, on Part 1, line 2, you can deduct parking fees and tolls that apply to the business use of the car. 2011 federal tax filing If you file Form 2106-EZ, complete Part I, line 1, for the standard mileage rate and line 2 for parking fees and tolls. 2011 federal tax filing See Standard Mileage Rate in chapter 4 for information on using this rate. 2011 federal tax filing Actual expenses. 2011 federal tax filing   If you claim a deduction based on actual car expenses, you cannot use Form 2106-EZ. 2011 federal tax filing You must complete Form 2106, Part II, Section C. 2011 federal tax filing In addition, unless you lease your car, you must complete Section D to show your depreciation deduction and any section 179 deduction you claim. 2011 federal tax filing   If you are still using a car that is fully depreciated, continue to complete Section C. 2011 federal tax filing Since you have no depreciation deduction, enter zero on line 28. 2011 federal tax filing In this case, do not complete Section D. 2011 federal tax filing Car rentals. 2011 federal tax filing   If you claim car rental expenses on Form 2106, line 24a, you may have to reduce that expense by an inclusion amount as described in chapter 4. 2011 federal tax filing If so, you can show your car expenses and any inclusion amount as follows. 2011 federal tax filing Compute the inclusion amount without taking into account your business use percentage for the tax year. 2011 federal tax filing Report the inclusion amount from (1) on Form 2106, Part II, line 24b. 2011 federal tax filing Report on line 24c the net amount of car rental expenses (total car rental expenses minus the inclusion amount computed in (1)). 2011 federal tax filing The net amount of car rental expenses will be adjusted on Form 2106, Part II, line 27, to reflect the percentage of business use for the tax year. 2011 federal tax filing Transportation expenses. 2011 federal tax filing   Show your transportation expenses that did not involve overnight travel on Form 2106, line 2, Column A, or on Form 2106-EZ, Part I, line 2. 2011 federal tax filing Also include on this line business expenses you have for parking fees and tolls. 2011 federal tax filing Do not include expenses of operating your car or expenses of commuting between your home and work. 2011 federal tax filing Employee business expenses other than meals and entertainment. 2011 federal tax filing   Show your other employee business expenses on Form 2106, lines 3 and 4, Column A, or Form 2106-EZ, lines 3 and 4. 2011 federal tax filing Do not include expenses for meals and entertainment on those lines. 2011 federal tax filing Line 4 is for expenses such as gifts, educational expenses (tuition and books), office-in-the-home expenses, and trade and professional publications. 2011 federal tax filing    If line 4 expenses are the only ones you are claiming, you received no reimbursements (or the reimbursements were all included in box 1 of your Form W-2), and the Special Rules discussed later do not apply to you, do not complete Form 2106 or 2106-EZ. 2011 federal tax filing Claim these amounts directly on Schedule A (Form 1040), line 21. 2011 federal tax filing List the type and amount of each expense on the dotted lines and include the total on line 21. 2011 federal tax filing Meal and entertainment expenses. 2011 federal tax filing   Show the full amount of your expenses for business-related meals and entertainment on Form 2106, line 5, Column B. 2011 federal tax filing Include meals while away from your tax home overnight and other business meals and entertainment. 2011 federal tax filing Enter 50% of the line 8, Column B, meal and entertainment expenses on line 9, Column B. 2011 federal tax filing   If you file Form 2106-EZ, enter the full amount of your meals and entertainment on the line to the left of line 5 and multiply the total by 50%. 2011 federal tax filing Enter the result on line 5. 2011 federal tax filing Hours of service limits. 2011 federal tax filing   If you are subject to the Department of Transportation's “hours of service” limits (as explained earlier under Individuals subject to “hours of service” limits in chapter 2), use 80% instead of 50% for meals while away from your tax home. 2011 federal tax filing Reimbursements. 2011 federal tax filing   Enter on Form 2106, line 7 (you cannot use Form 2106-EZ) the amounts your employer (or third party) reimbursed you that were not reported to you in box 1 of your Form W-2. 2011 federal tax filing This includes any amount reported under code L in box 12 of Form W-2. 2011 federal tax filing Allocating your reimbursement. 2011 federal tax filing   If you were reimbursed under an accountable plan and want to deduct excess expenses that were not reimbursed, you may have to allocate your reimbursement. 2011 federal tax filing This is necessary when your employer pays your reimbursement in the following manner: Pays you a single amount that covers meals and/or entertainment, as well as other business expenses, and Does not clearly identify how much is for deductible meals and/or entertainment. 2011 federal tax filing You must allocate that single payment so that you know how much to enter on Form 2106, line 7, Column A and Column B. 2011 federal tax filing Example. 2011 federal tax filing Rob's employer paid him an expense allowance of $12,000 this year under an accountable plan. 2011 federal tax filing The $12,000 payment consisted of $5,000 for airfare and $7,000 for meals, entertainment, and car expenses. 2011 federal tax filing The employer did not clearly show how much of the $7,000 was for the cost of deductible meals and entertainment. 2011 federal tax filing Rob actually spent $14,000 during the year ($5,500 for airfare, $4,500 for meals and entertainment, and $4,000 for car expenses). 2011 federal tax filing Since the airfare allowance was clearly identified, Rob knows that $5,000 of the payment goes in Column A, line 7, of Form 2106. 2011 federal tax filing To allocate the remaining $7,000, Rob uses the worksheet from the Instructions for Form 2106. 2011 federal tax filing His completed worksheet follows. 2011 federal tax filing Reimbursement Allocation Worksheet (Keep for your records)   1. 2011 federal tax filing Enter the total amount of reimbursements your employer gave you that were not reported to you in box 1 of Form W-2 $7,000   2. 2011 federal tax filing Enter the total amount of your expenses for the periods covered by this reimbursement 8,500   3. 2011 federal tax filing Of the amount on line 2, enter your total expense for meals and entertainment 4,500   4. 2011 federal tax filing Divide line 3 by line 2. 2011 federal tax filing Enter the result as a decimal (rounded to at least three places) . 2011 federal tax filing 529   5. 2011 federal tax filing Multiply line 1 by line 4. 2011 federal tax filing Enter the result here and in Column B, line 7 3,703   6. 2011 federal tax filing Subtract line 5 from line 1. 2011 federal tax filing Enter the result here and in Column A, line 7 $3,297 On line 7 of Form 2106, Rob enters $8,297 ($5,000 airfare and $3,297 of the $7,000) in Column A and $3,703 (of the $7,000) in Column B. 2011 federal tax filing After you complete the form. 2011 federal tax filing   After you have completed your Form 2106 or 2106-EZ, follow the directions on that form to deduct your expenses on the appropriate line of your tax return. 2011 federal tax filing For most taxpayers, this is line 21 of Schedule A (Form 1040). 2011 federal tax filing However, if you are a government official paid on a fee basis, a performing artist, an Armed Forces reservist, or a disabled employee with impairment-related work expenses, see Special Rules , later. 2011 federal tax filing Limits on employee business expenses. 2011 federal tax filing   Your employee business expenses may be subject to either of the limits described next. 2011 federal tax filing They are figured in the following order on the specified form. 2011 federal tax filing 1. 2011 federal tax filing Limit on meals and entertainment. 2011 federal tax filing   Certain meal and entertainment expenses are subject to a 50% limit. 2011 federal tax filing If you are an employee, you figure this limit on line 9 of Form 2106 or line 5 of Form 2106-EZ. 2011 federal tax filing (See 50% Limit in chapter 2. 2011 federal tax filing ) 2. 2011 federal tax filing Limit on miscellaneous itemized deductions. 2011 federal tax filing   If you are an employee, deduct your employee business expenses (as figured on Form 2106 or 2106-EZ) on line 21 of Schedule A (Form 1040). 2011 federal tax filing Most miscellaneous itemized deductions, including employee business expenses, are subject to a 2%-of-adjusted-gross-income limit. 2011 federal tax filing This limit is figured on line 26 of Schedule A (Form 1040). 2011 federal tax filing 3. 2011 federal tax filing Limit on total itemized deductions. 2011 federal tax filing   If your adjusted gross income (line 38 of Form 1040) is more than $300,000 ($150,000 if you are married filing separately), the total of certain itemized deductions, including employee business expenses, may be limited. 2011 federal tax filing See your form instructions for information on how to figure this limit. 2011 federal tax filing Special Rules This section discusses special rules that apply only to Armed Forces reservists, government officials who are paid on a fee basis, performing artists, and disabled employees with impairment-related work expenses. 2011 federal tax filing Armed Forces Reservists Traveling More Than 100 Miles From Home If you are a member of a reserve component of the Armed Forces of the United States and you travel more than 100 miles away from home in connection with your performance of services as a member of the reserves, you can deduct your travel expenses as an adjustment to gross income rather than as a miscellaneous itemized deduction. 2011 federal tax filing The amount of expenses you can deduct as an adjustment to gross income is limited to the regular federal per diem rate (for lodging, meals, and incidental expenses) and the standard mileage rate (for car expenses) plus any parking fees, ferry fees, and tolls. 2011 federal tax filing See Per Diem and Car Allowances , earlier, for more information. 2011 federal tax filing Any expenses in excess of these amounts can be claimed only as a miscellaneous itemized deduction subject to the 2% limit. 2011 federal tax filing Member of a reserve component. 2011 federal tax filing   You are a member of a reserve component of the Armed Forces of the United States if you are in the Army, Navy, Marine Corps, Air Force, or Coast Guard Reserve; the Army National Guard of the United States; the Air National Guard of the United States; or the Reserve Corps of the Public Health Service. 2011 federal tax filing How to report. 2011 federal tax filing   If you have reserve-related travel that takes you more than 100 miles from home, you should first complete Form 2106 or Form 2106-EZ. 2011 federal tax filing Then include your expenses for reserve travel over 100 miles from home, up to the federal rate, from Form 2106, line 10, or Form 2106-EZ, line 6, in the total on Form 1040, line 24. 2011 federal tax filing Subtract this amount from the total on Form 2106, line 10, or Form 2106-EZ, line 6, and deduct the balance as an itemized deduction on Schedule A (Form 1040), line 21. 2011 federal tax filing   You cannot deduct expenses of travel that does not take you more than 100 miles from home as an adjustment to gross income. 2011 federal tax filing Instead, you must complete Form 2106 or 2106-EZ and deduct those expenses as an itemized deduction on Schedule A (Form 1040), line 21. 2011 federal tax filing Officials Paid on a Fee Basis Certain fee-basis officials can claim their employee business expenses whether or not they itemize their other deductions on Schedule A (Form 1040). 2011 federal tax filing Fee-basis officials are persons who are employed by a state or local government and who are paid in whole or in part on a fee basis. 2011 federal tax filing They can deduct their business expenses in performing services in that job as an adjustment to gross income rather than as a miscellaneous itemized deduction. 2011 federal tax filing If you are a fee-basis official, include your employee business expenses from Form 2106, line 10, or Form 2106-EZ, line 6, in the total on Form 1040, line 24. 2011 federal tax filing Expenses of Certain Performing Artists If you are a performing artist, you may qualify to deduct your employee business expenses as an adjustment to gross income rather than as a miscellaneous itemized deduction. 2011 federal tax filing To qualify, you must meet all of the following requirements. 2011 federal tax filing During the tax year, you perform services in the performing arts as an employee for at least two employers. 2011 federal tax filing You receive at least $200 each from any two of these employers. 2011 federal tax filing Your related performing-arts business expenses are more than 10% of your gross income from the performance of those services. 2011 federal tax filing Your adjusted gross income is not more than $16,000 before deducting these business expenses. 2011 federal tax filing Special rules for married persons. 2011 federal tax filing   If you are married, you must file a joint return unless you lived apart from your spouse at all times during the tax year. 2011 federal tax filing If you file a joint return, you must figure requirements (1), (2), and (3) separately for both you and your spouse. 2011 federal tax filing However, requirement (4) applies to your and your spouse's combined adjusted gross income. 2011 federal tax filing Where to report. 2011 federal tax filing   If you meet all of the above requirements, you should first complete Form 2106 or 2106-EZ. 2011 federal tax filing Then you include your performing-arts-related expenses from Form 2106, line 10, or Form 2106-EZ, line 6, in the total on Form 1040, line 24. 2011 federal tax filing   If you do not meet all of the above requirements, you do not qualify to deduct your expenses as an adjustment to gross income. 2011 federal tax filing Instead, you must complete Form 2106 or 2106-EZ and deduct your employee business expenses as an itemized deduction on Schedule A (Form 1040), line 21. 2011 federal tax filing Impairment-Related Work Expenses of Disabled Employees If you are an employee with a physical or mental disability, your impairment-related work expenses are not subject to the 2%-of-adjusted-gross-income limit that applies to most other employee business expenses. 2011 federal tax filing After you complete Form 2106 or 2106-EZ, enter your impairment-related work expenses from Form 2106, line 10, or Form 2106-EZ, line 6, on Schedule A (Form 1040), line 28, and identify the type and amount of this expense on the dotted line next to line 28. 2011 federal tax filing Enter your employee business expenses that are unrelated to your disability from Form 2106, line 10, or Form 2106-EZ, line 6, on Schedule A (Form 1040), line 21. 2011 federal tax filing Impairment-related work expenses are your allowable expenses for attendant care at your workplace and other expenses in connection with your workplace that are necessary for you to be able to work. 2011 federal tax filing You are disabled if you have: A physical or mental disability (for example, blindness or deafness) that functionally limits your being employed, or A physical or mental impairment (for example, a sight or hearing impairment) that substantially limits one or more of your major life activities, such as performing manual tasks, walking, speaking, breathing, learning, or working. 2011 federal tax filing You can deduct impairment-related expenses as business expenses if they are: Necessary for you to do your work satisfactorily, For goods and services not required or used, other than incidentally, in your personal activities, and Not specifically covered under other income tax laws. 2011 federal tax filing Example 1. 2011 federal tax filing You are blind. 2011 federal tax filing You must use a reader to do your work. 2011 federal tax filing You use the reader both during your regular working hours at your place of work and outside your regular working hours away from your place of work. 2011 federal tax filing The reader's services are only for your work. 2011 federal tax filing You can deduct your expenses for the reader as business expenses. 2011 federal tax filing Example 2. 2011 federal tax filing You are deaf. 2011 federal tax filing You must use a sign language interpreter during meetings while you are at work. 2011 federal tax filing The interpreter's services are used only for your work. 2011 federal tax filing You can deduct your expenses for the interpreter as business expenses. 2011 federal tax filing Prev  Up  Next   Home   More Online Publications
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Consumer Protection Offices

City, county, regional, and state consumer offices offer a variety of important services. They might mediate complaints, conduct investigations, prosecute offenders of consumer laws, license and regulate professional service providers, provide educational materials and advocate for consumer rights. To save time, call before sending a written complaint. Ask if the office handles the type of complaint you have and if complaint forms are provided.

State Consumer Protection Offices

Colorado Office of the Attorney General

Website: Colorado Office of the Attorney General

Address: Colorado Office of the Attorney General
Consumer Protection Section
1300 Broadway, 10th Floor
Denver, CO 80203

Phone Number: 720-508-6006

Toll-free: 1-800-222-4444 (CO)

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County Consumer Protection Offices

Pueblo County District Attorney's Office

Website: Pueblo County District Attorney's Office

Address: Pueblo County District Attorney's Office
Economic Crimes Unit
701 Court St.
Pueblo, CO 81003

Phone Number: 719-583-6030

Weld County District Attorney's Office

Website: Weld County District Attorney's Office

Address: Weld County District Attorney's Office
915 10th St.
PO Box 1167
Greeley, CO 80632-1167

Phone Number: 970-356-4010

Fourth Judicial District Attorney's Office

Website: Fourth Judicial District Attorney's Office

Address: Fourth Judicial District Attorney's Office
Economic Crimes Division
El Paso and Teller Counties
105 E. Vermijo Ave.
Colorado Springs, CO 80903

Phone Number: 719-520-6000 719-520-6002 (Fraud Hotline)

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City Consumer Protection Offices

Denver District Attorney's Office

Website: Denver District Attorney's Office

Address: Denver District Attorney's Office
Economic Crimes Unit
201 W. Colfax Ave.
Denver, CO 80202

Phone Number: 720-913-9179

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Banking Authorities

The officials listed in this section regulate and supervise state-chartered banks. Many of them handle or refer problems and complaints about other types of financial institutions as well. Some also answer general questions about banking and consumer credit. If you are dealing with a federally chartered bank, check Federal Agencies.

Department of Regulatory Agencies

Website: Department of Regulatory Agencies

Address: Department of Regulatory Agencies
Division of Banking
1560 Broadway, Suite 975
Denver, CO 80202

Phone Number: 303-894-7575

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Insurance Regulators

Each state has its own laws and regulations for each type of insurance. The officials listed in this section enforce these laws. Many of these offices can also provide you with information to help you make informed insurance buying decisions.

Department of Regulatory Agencies

Website: Department of Regulatory Agencies

Address: Department of Regulatory Agencies
Division of Insurance
1560 Broadway, Suite 850
Denver, CO 80202

Phone Number: 303-894-7490

Toll-free: 1-800-930-3745 (CO)

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Securities Administrators

Each state has its own laws and regulations for securities brokers and securities - including stocks, mutual funds, commodities, real estate, etc. The officials and agencies listed in this section enforce these laws and regulations. Many of these offices can also provide information to help you make informed investment decisions.

Department of Regulatory Agencies

Website: Department of Regulatory Agencies

Address: Department of Regulatory Agencies
Division of Securities
1560 Broadway, Suite 900
Denver, CO 80202

Phone Number: 303-894-2320

TTY: 1-800-659-2656

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Utility Commissions

State Utility Commissions regulate services and rates for gas, electricity and telephones within your state. In some states, the utility commissions regulate other services such as water, transportation, and the moving of household goods. Many utility commissions handle consumer complaints. Sometimes, if a number of complaints are received about the same utility matter, they will conduct investigations.

Public Utilities Commission

Website: Public Utilities Commission

Address: Public Utilities Commission
Consumer Protection Division
1560 Broadway, Suite 250
Denver, CO 80202

Phone Number: 303-894-2070

Toll-free: 1-800-456-0858 (CO)

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The 2011 Federal Tax Filing

2011 federal tax filing Publication 519 - Introductory Material Table of Contents Future Developments IntroductionOrdering forms and publications. 2011 federal tax filing Tax questions. 2011 federal tax filing What's New Reminders Future Developments For the latest information about developments related to Publication 519, such as legislation enacted after it was published, go to www. 2011 federal tax filing irs. 2011 federal tax filing gov/pub519. 2011 federal tax filing Introduction For tax purposes, an alien is an individual who is not a U. 2011 federal tax filing S. 2011 federal tax filing citizen. 2011 federal tax filing Aliens are classified as nonresident aliens and resident aliens. 2011 federal tax filing This publication will help you determine your status and give you information you will need to file your U. 2011 federal tax filing S. 2011 federal tax filing tax return. 2011 federal tax filing Resident aliens generally are taxed on their worldwide income, the same as U. 2011 federal tax filing S. 2011 federal tax filing citizens. 2011 federal tax filing Nonresident aliens are taxed only on their income from sources within the United States and on certain income connected with the conduct of a trade or business in the United States. 2011 federal tax filing The information in this publication is not as comprehensive for resident aliens as it is for nonresident aliens. 2011 federal tax filing Resident aliens are generally treated the same as U. 2011 federal tax filing S. 2011 federal tax filing citizens and can find more information in other IRS publications. 2011 federal tax filing Table A, Where To Find What You Need To Know About U. 2011 federal tax filing S. 2011 federal tax filing Taxes, provides a list of questions and the chapter or chapters in this publication where you will find the related discussion. 2011 federal tax filing Answers to frequently asked questions are presented in the back of the publication. 2011 federal tax filing Table A. 2011 federal tax filing Where To Find What You Need To Know About U. 2011 federal tax filing S. 2011 federal tax filing Taxes Commonly Asked Questions Where To Find The Answer Am I a nonresident alien or resident alien? See chapter 1. 2011 federal tax filing Can I be a nonresident alien and a resident alien in the same year? See Dual-Status Aliens in chapter 1. 2011 federal tax filing See chapter 6. 2011 federal tax filing I am a resident alien and my spouse is a nonresident alien. 2011 federal tax filing Are there special rules for us? See Nonresident Spouse Treated as a Resident  in chapter 1. 2011 federal tax filing See Community Income in chapter 2. 2011 federal tax filing Is all my income subject to U. 2011 federal tax filing S. 2011 federal tax filing tax? See chapter 2. 2011 federal tax filing See chapter 3. 2011 federal tax filing Is my scholarship subject to U. 2011 federal tax filing S. 2011 federal tax filing tax? See Scholarship Grants, Prizes, and Awards in chapter 2. 2011 federal tax filing See Scholarship and Fellowship Grants in chapter 3. 2011 federal tax filing See chapter 9. 2011 federal tax filing What is the tax rate on my income subject to U. 2011 federal tax filing S. 2011 federal tax filing tax? See chapter 4. 2011 federal tax filing I moved to the United States this year. 2011 federal tax filing Can I deduct my moving expenses on my U. 2011 federal tax filing S. 2011 federal tax filing return? See Deductions in chapter 5. 2011 federal tax filing Can I claim exemptions for my spouse and children? See Exemptions in chapter 5. 2011 federal tax filing I pay income taxes to my home country. 2011 federal tax filing Can I get credit for these taxes on my U. 2011 federal tax filing S. 2011 federal tax filing tax return? See Tax Credits and Payments in chapter 5. 2011 federal tax filing What forms must I file and when and where do I file them? See chapter 7. 2011 federal tax filing How should I pay my U. 2011 federal tax filing S. 2011 federal tax filing income taxes? See chapter 8. 2011 federal tax filing Am I eligible for any benefits under a tax treaty? See Income Entitled to Tax Treaty Benefits in chapter 8. 2011 federal tax filing See chapter 9. 2011 federal tax filing Are employees of foreign governments and international organizations exempt from U. 2011 federal tax filing S. 2011 federal tax filing tax? See chapter 10. 2011 federal tax filing Is there anything special I have to do before leaving the United States? See chapter 11. 2011 federal tax filing See Expatriation Tax in chapter 4. 2011 federal tax filing Comments and suggestions. 2011 federal tax filing   We welcome your comments about this publication and your suggestions for future editions. 2011 federal tax filing   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. 2011 federal tax filing NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. 2011 federal tax filing Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. 2011 federal tax filing   You can send us comments from www. 2011 federal tax filing irs. 2011 federal tax filing gov/formspubs/. 2011 federal tax filing Click on “More Information” and then on “Comment on Tax Forms and Publications. 2011 federal tax filing ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. 2011 federal tax filing Ordering forms and publications. 2011 federal tax filing   Visit www. 2011 federal tax filing irs. 2011 federal tax filing gov/formspubs/ to download forms and publications, call 1-800-829-3676, or write to the address below and receive a response within 10 days after your request is received. 2011 federal tax filing Internal Revenue Service 1201 N. 2011 federal tax filing Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. 2011 federal tax filing   If you have a tax question, check the information available on IRS. 2011 federal tax filing gov or call 1-800-829-1040. 2011 federal tax filing We cannot answer tax questions sent to either of the above addresses. 2011 federal tax filing What's New Personal exemption increased. 2011 federal tax filing  For tax years beginning in 2013, the personal exemption amount is increased to $3,900. 2011 federal tax filing U. 2011 federal tax filing S. 2011 federal tax filing real property interest. 2011 federal tax filing  Generally, the treatment of a regulated investment company (RIC) as a qualified investment entity (QIE) was scheduled to expire at the end of 2011. 2011 federal tax filing The provision has been extended through 2013. 2011 federal tax filing The special rules that apply to distributions from a QIE attributable to the gain from the sale or exchange of a U. 2011 federal tax filing S. 2011 federal tax filing real property interest will continue to apply to any distribution from a RIC in 2013. 2011 federal tax filing Beginning in 2014 (unless extended by legislation), a RIC will only be treated as a QIE for certain distributions from the RIC that are directly or indirectly attributable to distributions received by the RIC from a REIT. 2011 federal tax filing See Qualified investment entities under U. 2011 federal tax filing S. 2011 federal tax filing Real Property Interest. 2011 federal tax filing Interest-related dividends and short-term capital gain dividends received from mutual funds. 2011 federal tax filing  The exemption of tax on certain interest-related dividends and short-term capital gain dividends paid by a mutual fund or other regulated investment company was scheduled to expire at the end of 2011. 2011 federal tax filing These provisions have been extended through 2013. 2011 federal tax filing The exemption expires for amounts paid in tax years beginning after December 31, 2013 (unless extended by legislation). 2011 federal tax filing Multi-level marketing. 2011 federal tax filing  Clarification regarding the characterization and source of income received from multi-level marketing companies by distributors (upper-tier distributors) that are based on the sales or purchases of persons whom they have recruited and sponsored (lower-tier distributors) is provided. 2011 federal tax filing See Multi-level marketing under Personal Services in chapter 2. 2011 federal tax filing Additional Medicare Tax. 2011 federal tax filing  For 2013, you may be required to pay Additional Medicare Tax. 2011 federal tax filing Also, you may need to report Additional Medicare Tax withheld by your employer. 2011 federal tax filing For more information, see Additional Medicare Tax under Social Security and Medicare Taxes and Self-Employment Tax in chapter 8. 2011 federal tax filing For more information on Additional Medicare Tax, go to IRS. 2011 federal tax filing gov and enter “Additional Medicare Tax” in the search box. 2011 federal tax filing Reminders Refunds of certain withholding tax delayed. 2011 federal tax filing  Refund requests for tax withheld and reported on Form 1042-S, Form 8288-A, or Form 8805 may require additional time for processing. 2011 federal tax filing Allow up to 6 months for these refunds to be issued. 2011 federal tax filing Third party designee. 2011 federal tax filing  You can check the “Yes” box in the “Third Party Designee” area of your return to authorize the IRS to discuss your return with a friend, family member, or any other person you choose. 2011 federal tax filing This allows the IRS to call the person you identified as your designee to answer any questions that may arise during the processing of your return. 2011 federal tax filing It also allows your designee to perform certain actions such as asking the IRS for copies of notices or transcripts related to your return. 2011 federal tax filing Also, the authorization can be revoked. 2011 federal tax filing See your income tax return instructions for details. 2011 federal tax filing Change of address. 2011 federal tax filing . 2011 federal tax filing  If you change your mailing address, be sure to notify the Internal Revenue Service using Form 8822, Change of Address. 2011 federal tax filing Photographs of missing children. 2011 federal tax filing  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. 2011 federal tax filing Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. 2011 federal tax filing You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. 2011 federal tax filing Prev  Up  Next   Home   More Online Publications