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Amended 1040 Tax Return

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Amended 1040 Tax Return

Amended 1040 tax return 15. Amended 1040 tax return   Examination and Appeal Procedures If your excise tax return is examined and you disagree with the findings, you can get information about audit and appeal procedures from Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund. Amended 1040 tax return An unagreed case involving an excise tax covered in this publication differs from other tax cases in that you can only contest it in court after payment of the tax by filing suit for a refund in the United States District Court or the United States Court of Federal Claims. Amended 1040 tax return Prev  Up  Next   Home   More Online Publications
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Charity and Nonprofit Audits

This web page will explain the IRS audit process for charities and other nonprofit organizations. IRS Exempt Organizations is continuously exploring how to improve our service to charities and other nonprofit organizations, and we hope you will find the information on this page useful.

You’ve probably reached this page because your charity or other nonprofit organization received a letter or phone call from IRS Exempt Organizations (EO) Examinations saying it had been selected for a review of its returns. The type of review is one of the following:

  • Audits: The IRS conducts two types of audits--

  • Non-audits: If the letter indicates the IRS is conducting a compliance check, then you're not being audited.

    Note: The IRS also sometimes asks organizations to complete questionnaires to help us better understand how organizations satisfy federal tax law requirements. Neither compliance checks nor compliance check questionnaires are audits.

Organizations are selected for reviews for a variety of reasons, and the scope of the audit or compliance check will vary based on the type of review.

An audit starts with the initial contact and continues until a closing letter is issued. A compliance check or compliance check questionnaire starts with the initial contact. The IRS may contact the organization again if the IRS needs further information, or if the organization does not respond to the compliance check or questionnaire. The IRS typically issues a closing letter at the end of a compliance check, but not at the end of a compliance check questionnaire.

Taxpayer rights:

Additional information - charity and nonprofit audits

Additional information - IRS Exempt Organizations

Other IRS-wide considerations:

Page Last Reviewed or Updated: 26-Nov-2013

The Amended 1040 Tax Return

Amended 1040 tax return 11. Amended 1040 tax return   Other Expenses Table of Contents What's New Introduction Topics - This chapter discusses: Useful Items - You may want to see: Reimbursement of Travel, Meals, and EntertainmentReimbursements Miscellaneous ExpensesMeaning of generally enforced. Amended 1040 tax return Kickbacks. Amended 1040 tax return Form 1099-MISC. Amended 1040 tax return Exception. Amended 1040 tax return Tax preparation fees. Amended 1040 tax return Covered executive branch official. Amended 1040 tax return Exceptions to denial of deduction. Amended 1040 tax return Indirect political contributions. Amended 1040 tax return Type of deduction. Amended 1040 tax return Repayment—$3,000 or less. Amended 1040 tax return Repayment—over $3,000. Amended 1040 tax return Method 1. Amended 1040 tax return Method 2. Amended 1040 tax return Repayment does not apply. Amended 1040 tax return Year of deduction (or credit). Amended 1040 tax return Telephone. Amended 1040 tax return What's New Standard mileage rate. Amended 1040 tax return  Beginning in 2013, the standard mileage rate for the cost of operating your car, van, pickup, or panel truck for business use is 56. Amended 1040 tax return 5 cents per mile. Amended 1040 tax return For more information, see Car and truck expenses under Miscellaneous Expenses. Amended 1040 tax return Introduction This chapter covers business expenses that may not have been explained to you, as a business owner, in previous chapters of this publication. Amended 1040 tax return Topics - This chapter discusses: Travel, meals, and entertainment Bribes and kickbacks Charitable contributions Education expenses Lobbying expenses Penalties and fines Repayments (claim of right) Other miscellaneous expenses Useful Items - You may want to see: Publication 15-B Employer's Tax Guide to Fringe Benefits 463 Travel, Entertainment, Gift, and Car Expenses 526 Charitable Contributions 529 Miscellaneous Deductions 544 Sales and Other Dispositions of Assets 970 Tax Benefits for Education 1542 Per Diem Rates See chapter 12 for information about getting publications and forms. Amended 1040 tax return Reimbursement of Travel, Meals, and Entertainment The following discussion explains how to handle any reimbursements or allowances you may provide to your employees under a reimbursement or allowance arrangement for travel, meals, and entertainment expenses. Amended 1040 tax return If you are self-employed and report your income and expenses on Schedule C or C-EZ (Form 1040), see Publication 463. Amended 1040 tax return To be deductible for tax purposes, expenses incurred for travel, meals, and entertainment must be ordinary and necessary expenses incurred while carrying on your trade or business. Amended 1040 tax return Generally, you also must show that entertainment expenses (including meals) are directly related to, or associated with, the conduct of your trade or business. Amended 1040 tax return For more information on travel, meals, and entertainment, including deductibility, see Publication 463. Amended 1040 tax return Reimbursements A “reimbursement or allowance arrangement” provides for payment of advances, reimbursements, and allowances for travel, meals, and entertainment expenses incurred by your employees during the ordinary course of business. Amended 1040 tax return If the expenses are substantiated, you can deduct the allowable amount on your tax return. Amended 1040 tax return Because of differences between accounting methods and tax law, the amount you can deduct for tax purposes may not be the same as the amount you deduct on your business books and records. Amended 1040 tax return For example, you can deduct 100% of the cost of meals on your business books and records. Amended 1040 tax return However, only 50% of these costs are allowed by law as a tax deduction. Amended 1040 tax return How you deduct a business expense under a reimbursement or allowance arrangement depends on whether you have: An accountable plan, or A nonaccountable plan. Amended 1040 tax return If you reimburse these expenses under an accountable plan, deduct them as travel, meals, or entertainment expenses. Amended 1040 tax return If you reimburse these expenses under a nonaccountable plan, report the reimbursements as wages on Form W-2, Wage and Tax Statement, and deduct them as wages on the appropriate line of your tax return. Amended 1040 tax return If you make a single payment to your employees and it includes both wages and an expense reimbursement, you must specify the amount of the reimbursement and report it accordingly. Amended 1040 tax return See Table 11-1 , Reporting Reimbursements. Amended 1040 tax return Accountable Plans An accountable plan requires your employees to meet all of the following requirements. Amended 1040 tax return Each employee must: Have paid or incurred deductible expenses while performing services as your employee, Adequately account to you for these expenses within a reasonable period of time, and Return any excess reimbursement or allowance within a reasonable period of time. Amended 1040 tax return An arrangement under which you advance money to employees is treated as meeting (3) above only if the following requirements are also met. Amended 1040 tax return The advance is reasonably calculated not to exceed the amount of anticipated expenses. Amended 1040 tax return You make the advance within a reasonable period of time of your employee paying or incurring the expense. Amended 1040 tax return If any expenses reimbursed under this arrangement are not substantiated, or an excess reimbursement is not returned within a reasonable period of time by an employee, you cannot treat these expenses as reimbursed under an accountable plan. Amended 1040 tax return Instead, treat the reimbursed expenses as paid under a nonaccountable plan, discussed later. Amended 1040 tax return Adequate accounting. Amended 1040 tax return   Your employees must adequately account to you for their travel, meals, and entertainment expenses. Amended 1040 tax return They must give you documentary evidence of their travel, mileage, and other employee business expenses. Amended 1040 tax return This evidence should include items such as receipts, along with either a statement of expenses, an account book, a day-planner, or similar record in which the employee entered each expense at or near the time the expense was incurred. Amended 1040 tax return Excess reimbursement or allowance. Amended 1040 tax return   An excess reimbursement or allowance is any amount you pay to an employee that is more than the business-related expenses for which the employee adequately accounted. Amended 1040 tax return The employee must return any excess reimbursement or other expense allowance to you within a reasonable period of time. Amended 1040 tax return Reasonable period of time. Amended 1040 tax return   A reasonable period of time depends on the facts and circumstances. Amended 1040 tax return Generally, actions that take place within the times specified in the following list will be treated as taking place within a reasonable period of time. Amended 1040 tax return You give an advance within 30 days of the time the employee pays or incurs the expense. Amended 1040 tax return Your employees adequately account for their expenses within 60 days after the expenses were paid or incurred. Amended 1040 tax return Your employees return any excess reimbursement within 120 days after the expenses were paid or incurred. Amended 1040 tax return You give a periodic statement (at least quarterly) to your employees that asks them to either return or adequately account for outstanding advances and they comply within 120 days of the date of the statement. Amended 1040 tax return How to deduct. Amended 1040 tax return   You can claim a deduction for travel, meals, and entertainment expenses if you reimburse your employees for these expenses under an accountable plan. Amended 1040 tax return Generally, the amount you can deduct for meals and entertainment is subject to a 50% limit, discussed later. Amended 1040 tax return If you are a sole proprietor, or are filing as a single member limited liability company, deduct the travel reimbursement on line 24a and the deductible part of the meals and entertainment reimbursement on line 24b, Schedule C (Form 1040) or line 2, Schedule C-EZ (Form 1040). Amended 1040 tax return   If you are filing an income tax return for a corporation, include the reimbursement on the Other deductions line of Form 1120, U. Amended 1040 tax return S. Amended 1040 tax return Corporation Income Tax Return. Amended 1040 tax return If you are filing any other business income tax return, such as a partnership or S corporation return, deduct the reimbursement on the appropriate line of the return as provided in the instructions for that return. Amended 1040 tax return Table 11-1. Amended 1040 tax return Reporting Reimbursements IF the type of reimbursement (or other expense allowance) arrangement is under THEN the employer reports on Form W-2 An accountable plan with: Actual expense reimbursement:  Adequate accounting made and excess returned No amount. Amended 1040 tax return Actual expense reimbursement:  Adequate accounting and return of excess both required but excess not returned The excess amount as wages in box 1. Amended 1040 tax return Per diem or mileage allowance up to the federal rate:  Adequate accounting made and excess returned No amount. Amended 1040 tax return Per diem or mileage allowance up to the federal rate:  Adequate accounting and return of excess both required but excess not returned The excess amount as wages in box 1. Amended 1040 tax return The amount up to the federal rate is reported only in box 12—it is not reported in box 1. Amended 1040 tax return Per diem or mileage allowance exceeds the federal rate:  Adequate accounting made up to the federal rate only and excess not returned The excess amount as wages in box 1. Amended 1040 tax return The amount up to the federal rate is reported only in box 12—it is not reported in box 1. Amended 1040 tax return A nonaccountable plan with: Either adequate accounting or return of excess, or both, not required by plan The entire amount as wages in box 1. Amended 1040 tax return No reimbursement plan The entire amount as wages in box 1. Amended 1040 tax return Per Diem and Car Allowances You can reimburse your employees under an accountable plan based on travel days, miles, or some other fixed allowance. Amended 1040 tax return In these cases, your employee is considered to have accounted to you for the amount of the expense that does not exceed the rates established by the federal government. Amended 1040 tax return Your employee must actually substantiate to you the other elements of the expense, such as time, place, and business purpose. Amended 1040 tax return Federal rate. Amended 1040 tax return   The federal rate can be figured using any one of the following methods. Amended 1040 tax return For car expenses: The standard mileage rate. Amended 1040 tax return A fixed and variable rate (FAVR). Amended 1040 tax return For per diem amounts: The regular federal per diem rate. Amended 1040 tax return The standard meal allowance. Amended 1040 tax return The high-low rate. Amended 1040 tax return Car allowance. Amended 1040 tax return   Your employee is considered to have accounted to you for car expenses that do not exceed the standard mileage rate. Amended 1040 tax return Beginning in 2013, the standard business mileage rate is 56. Amended 1040 tax return 5 cents per mile. Amended 1040 tax return   You can choose to reimburse your employees using a fixed and variable rate (FAVR) allowance. Amended 1040 tax return This is an allowance that includes a combination of payments covering fixed and variable costs, such as a cents-per-mile rate to cover your employees' variable operating costs (such as gas, oil, etc. Amended 1040 tax return ) plus a flat amount to cover your employees' fixed costs (such as depreciation, insurance, etc. Amended 1040 tax return ). Amended 1040 tax return For information on using a FAVR allowance, see Revenue Procedure 2010-51, available at www. Amended 1040 tax return irs. Amended 1040 tax return gov/irb/2010-51_IRB/ar14. Amended 1040 tax return html and Notice 2012-72, available at www. Amended 1040 tax return irs. Amended 1040 tax return gov/irb/2012-50_IRB/ar10. Amended 1040 tax return html. Amended 1040 tax return Per diem allowance. Amended 1040 tax return   If your employee actually substantiates to you the other elements (discussed earlier) of the expenses reimbursed using the per diem allowance, how you report and deduct the allowance depends on whether the allowance is for lodging and meal expenses or for meal expenses only and whether the allowance is more than the federal rate. Amended 1040 tax return Regular federal per diem rate. Amended 1040 tax return   The regular federal per diem rate is the highest amount the federal government will pay to its employees while away from home on travel. Amended 1040 tax return It has two components: Lodging expense, and Meal and incidental expense (M&IE). Amended 1040 tax return The rates are different for different locations. Amended 1040 tax return Publication 1542 lists the rates in the continental United States. Amended 1040 tax return Standard meal allowance. Amended 1040 tax return   The federal rate for meal and incidental expenses (M&IE) is the standard meal allowance. Amended 1040 tax return You can pay only an M&IE allowance to employees who travel away from home if: You pay the employee for actual expenses for lodging based on receipts submitted to you, You provide for the lodging, You pay for the actual expense of the lodging directly to the provider, You do not have a reasonable belief that lodging expenses were incurred by the employee, or The allowance is computed on a basis similar to that used in computing the employee's wages (that is, number of hours worked or miles traveled). Amended 1040 tax return Internet access. Amended 1040 tax return    Per diem rates are available on the Internet. Amended 1040 tax return You can access per diem rates at www. Amended 1040 tax return gsa. Amended 1040 tax return gov/perdiemrates. Amended 1040 tax return High-low method. Amended 1040 tax return   This is a simplified method of computing the federal per diem rate for travel within the continental United States. Amended 1040 tax return It eliminates the need to keep a current list of the per diem rate for each city. Amended 1040 tax return   Under the high-low method, the per diem amount for travel during January through September of 2013 is $242 ($65 for M&IE) for certain high-cost locations. Amended 1040 tax return All other areas have a per diem amount of $163 ($52 for M&IE). Amended 1040 tax return The high-cost locations eligible for the higher per diem amount under the high-low method are listed in Publication 1542. Amended 1040 tax return   Effective October 1, 2013, the per diem rate for high-cost locations increased to $251 ($65 for M&IE). Amended 1040 tax return The rate for all other locations increased to $170 ($52 for M&IE). Amended 1040 tax return For October, November, and December 2013, you can either continue to use the rates described in the preceding paragraph or change to the new rates. Amended 1040 tax return However, you must use the same rate for all employees reimbursed under the high-low method. Amended 1040 tax return   For more information about the high-low method, see Notice 2013-65, available at www. Amended 1040 tax return irs. Amended 1040 tax return gov/irb/2013-44_IRB/ar13. Amended 1040 tax return html. Amended 1040 tax return See Publication 1542 (available on the Internet at IRS. Amended 1040 tax return gov) for the current per diem rates for all locations. Amended 1040 tax return Reporting per diem and car allowances. Amended 1040 tax return   The following discussion explains how to report per diem and car allowances. Amended 1040 tax return The manner in which you report them depends on how the allowance compares to the federal rate. Amended 1040 tax return See Table 11-1. Amended 1040 tax return Allowance less than or equal to the federal rate. Amended 1040 tax return   If your allowance for the employee is less than or equal to the appropriate federal rate, that allowance is not included as part of the employee's pay in box 1 of the employee's Form W-2. Amended 1040 tax return Deduct the allowance as travel expenses (including meals that may be subject to the 50% limit, discussed later). Amended 1040 tax return See How to deduct under Accountable Plans, earlier. Amended 1040 tax return Allowance more than the federal rate. Amended 1040 tax return   If your employee's allowance is more than the appropriate federal rate, you must report the allowance as two separate items. Amended 1040 tax return   Include the allowance amount up to the federal rate in box 12 (code L) of the employee's Form W-2. Amended 1040 tax return Deduct it as travel expenses (as explained above). Amended 1040 tax return This part of the allowance is treated as reimbursed under an accountable plan. Amended 1040 tax return   Include the amount that is more than the federal rate in box 1 (and in boxes 3 and 5 if they apply) of the employee's Form W-2. Amended 1040 tax return Deduct it as wages subject to income tax withholding, social security, Medicare, and federal unemployment taxes. Amended 1040 tax return This part of the allowance is treated as reimbursed under a nonaccountable plan as explained later under Nonaccountable Plans. Amended 1040 tax return Meals and Entertainment Under an accountable plan, you can generally deduct only 50% of any otherwise deductible business-related meal and entertainment expenses you reimburse your employees. Amended 1040 tax return The deduction limit applies even if you reimburse them for 100% of the expenses. Amended 1040 tax return Application of the 50% limit. Amended 1040 tax return   The 50% deduction limit applies to reimbursements you make to your employees for expenses they incur for meals while traveling away from home on business and for entertaining business customers at your place of business, a restaurant, or another location. Amended 1040 tax return It applies to expenses incurred at a business convention or reception, business meeting, or business luncheon at a club. Amended 1040 tax return The deduction limit may also apply to meals you furnish on your premises to your employees. Amended 1040 tax return Related expenses. Amended 1040 tax return   Taxes and tips relating to a meal or entertainment activity you reimburse to your employee under an accountable plan are included in the amount subject to the 50% limit. Amended 1040 tax return Reimbursements you make for expenses, such as cover charges for admission to a nightclub, rent paid for a room to hold a dinner or cocktail party, or the amount you pay for parking at a sports arena, are all subject to the 50% limit. Amended 1040 tax return However, the cost of transportation to and from an otherwise allowable business meal or a business-related entertainment activity is not subject to the 50% limit. Amended 1040 tax return Amount subject to 50% limit. Amended 1040 tax return   If you provide your employees with a per diem allowance only for meal and incidental expenses, the amount treated as an expense for food and beverages is the lesser of the following. Amended 1040 tax return The per diem allowance. Amended 1040 tax return The federal rate for M&IE. Amended 1040 tax return   If you provide your employees with a per diem allowance that covers lodging, meals, and incidental expenses, you must treat an amount equal to the federal M&IE rate for the area of travel as an expense for food and beverages. Amended 1040 tax return If the per diem allowance you provide is less than the federal per diem rate for the area of travel, you can treat 40% of the per diem allowance as the amount for food and beverages. Amended 1040 tax return Meal expenses when subject to “hours of service” limits. Amended 1040 tax return   You can deduct 80% of the cost of reimbursed meals your employees consume while away from their tax home on business during, or incident to, any period subject to the Department of Transportation's “hours of service” limits. Amended 1040 tax return   See Publication 463 for a detailed discussion of individuals subject to the Department of Transportation's “hours of service” limits. Amended 1040 tax return De minimis (minimal) fringe benefit. Amended 1040 tax return   The 50% limit does not apply to an expense for food or beverage that is excluded from the gross income of an employee because it is a de minimis fringe benefit. Amended 1040 tax return See Publication 15-B for additional information on de minimis fringe benefits. Amended 1040 tax return Company cafeteria or executive dining room. Amended 1040 tax return   The cost of food and beverages you provide primarily to your employees on your business premises is deductible. Amended 1040 tax return This includes the cost of maintaining the facilities for providing the food and beverages. Amended 1040 tax return These expenses are subject to the 50% limit unless they qualify as a de minimis fringe benefit, as just discussed, or unless they are compensation to your employees (explained later). Amended 1040 tax return Employee activities. Amended 1040 tax return   The expense of providing recreational, social, or similar activities (including the use of a facility) for your employees is deductible and is not subject to the 50% limit. Amended 1040 tax return The benefit must be primarily for your employees who are not highly compensated. Amended 1040 tax return   For this purpose, a highly compensated employee is an employee who meets either of the following requirements. Amended 1040 tax return Owned a 10% or more interest in the business during the year or the preceding year. Amended 1040 tax return An employee is treated as owning any interest owned by his or her brother, sister, spouse, ancestors, and lineal descendants. Amended 1040 tax return Received more than $115,000 in pay for the preceding year. Amended 1040 tax return You can choose to include only employees who were also in the top 20% of employees when ranked by pay for the preceding year. Amended 1040 tax return   For example, the expenses for food, beverages, and entertainment for a company-wide picnic are not subject to the 50% limit. Amended 1040 tax return Meals or entertainment treated as compensation. Amended 1040 tax return   The 50% limit does not apply to either of the following. Amended 1040 tax return Expenses for meals or entertainment that you treat as: Compensation to an employee who was the recipient of the meals or entertainment, and Wages subject to withholding of federal income tax. Amended 1040 tax return Expenses for meals or entertainment if: A recipient of the meals or entertainment who is not your employee has to include the expenses in gross income as compensation for services or as a prize or award, and You include that amount on a Form 1099 issued to the recipient, if a Form 1099 is required. Amended 1040 tax return Sales of meals or entertainment. Amended 1040 tax return   You can deduct the cost of meals or entertainment (including the use of facilities) you sell to the public. Amended 1040 tax return For example, if you run a nightclub, your expense for the entertainment you furnish to your customers, such as a floor show, is a business expense that is fully deductible. Amended 1040 tax return The 50% limit does not apply to this expense. Amended 1040 tax return Providing meals or entertainment to general public to promote goodwill. Amended 1040 tax return   You can deduct the cost of providing meals, entertainment, or recreational facilities to the general public as a means of advertising or promoting goodwill in the community. Amended 1040 tax return The 50% limit does not apply to this expense. Amended 1040 tax return Director, stockholder, or employee meetings. Amended 1040 tax return   You can deduct entertainment expenses directly related to business meetings of your employees, partners, stockholders, agents, or directors. Amended 1040 tax return You can provide some minor social activities, but the main purpose of the meeting must be your company's business. Amended 1040 tax return These expenses are subject to the 50% limit. Amended 1040 tax return Trade association meetings. Amended 1040 tax return   You can deduct expenses directly related to and necessary for attending business meetings or conventions of certain tax-exempt organizations. Amended 1040 tax return These organizations include business leagues, chambers of commerce, real estate boards, and trade and professional associations. Amended 1040 tax return Nonaccountable Plans A nonaccountable plan is an arrangement that does not meet the requirements for an accountable plan. Amended 1040 tax return All amounts paid, or treated as paid, under a nonaccountable plan are reported as wages on Form W-2. Amended 1040 tax return The payments are subject to income tax withholding, social security, Medicare, and federal unemployment taxes. Amended 1040 tax return You can deduct the reimbursement as compensation or wages only to the extent it meets the deductibility tests for employees' pay in chapter 2. Amended 1040 tax return Deduct the allowable amount as compensation or wages on the appropriate line of your income tax return, as provided in its instructions. Amended 1040 tax return Miscellaneous Expenses In addition to travel, meal, and entertainment expenses, there are other expenses you can deduct. Amended 1040 tax return Advertising expenses. Amended 1040 tax return   You generally can deduct reasonable advertising expenses that are directly related to your business activities. Amended 1040 tax return Generally, you cannot deduct amounts paid to influence legislation (i. Amended 1040 tax return e. Amended 1040 tax return , lobbying). Amended 1040 tax return See Lobbying expenses , later. Amended 1040 tax return   You can usually deduct as a business expense the cost of institutional or goodwill advertising to keep your name before the public if it relates to business you reasonably expect to gain in the future. Amended 1040 tax return For example, the cost of advertising that encourages people to contribute to the Red Cross, to buy U. Amended 1040 tax return S. Amended 1040 tax return Savings Bonds, or to participate in similar causes is usually deductible. Amended 1040 tax return Anticipated liabilities. Amended 1040 tax return   Anticipated liabilities or reserves for anticipated liabilities are not deductible. Amended 1040 tax return For example, assume you sold 1-year TV service contracts this year totaling $50,000. Amended 1040 tax return From experience, you know you will have expenses of about $15,000 in the coming year for these contracts. Amended 1040 tax return You cannot deduct any of the $15,000 this year by charging expenses to a reserve or liability account. Amended 1040 tax return You can deduct your expenses only when you actually pay or accrue them, depending on your accounting method. Amended 1040 tax return Bribes and kickbacks. Amended 1040 tax return   Engaging in the payment of bribes or kickbacks is a serious criminal matter. Amended 1040 tax return Such activity could result in criminal prosecution. Amended 1040 tax return Any payments that appear to have been made, either directly or indirectly, to an official or employee of any government or an agency or instrumentality of any government are not deductible for tax purposes and are in violation of the law. Amended 1040 tax return   Payments paid directly or indirectly to a person in violation of any federal or state law (but only if that state law is generally enforced, defined below) that provides for a criminal penalty or for the loss of a license or privilege to engage in a trade or business are also not allowed as a deduction for tax purposes. Amended 1040 tax return Meaning of “generally enforced. Amended 1040 tax return ”   A state law is considered generally enforced unless it is never enforced or enforced only for infamous persons or persons whose violations are extraordinarily flagrant. Amended 1040 tax return For example, a state law is generally enforced unless proper reporting of a violation of the law results in enforcement only under unusual circumstances. Amended 1040 tax return Kickbacks. Amended 1040 tax return   A kickback is a payment for referring a client, patient, or customer. Amended 1040 tax return The common kickback situation occurs when money or property is given to someone as payment for influencing a third party to purchase from, use the services of, or otherwise deal with the person who pays the kickback. Amended 1040 tax return In many cases, the person whose business is being sought or enjoyed by the person who pays the kickback is not aware of the payment. Amended 1040 tax return   For example, the Yard Corporation is in the business of repairing ships. Amended 1040 tax return It returns 10% of the repair bills as kickbacks to the captains and chief officers of the vessels it repairs. Amended 1040 tax return Although this practice is considered an ordinary and necessary expense of getting business, it is clearly a violation of a state law that is generally enforced. Amended 1040 tax return These expenditures are not deductible for tax purposes, whether or not the owners of the shipyard are subsequently prosecuted. Amended 1040 tax return Form 1099-MISC. Amended 1040 tax return   It does not matter whether any kickbacks paid during the tax year are deductible on your income tax return in regards to information reporting. Amended 1040 tax return See Form 1099-MISC for more information. Amended 1040 tax return Car and truck expenses. Amended 1040 tax return   The costs of operating a car, truck, or other vehicle in your business are deductible. Amended 1040 tax return For more information on how to figure your deduction, see Publication 463. Amended 1040 tax return Charitable contributions. Amended 1040 tax return   Cash payments to an organization, charitable or otherwise, may be deductible as business expenses if the payments are not charitable contributions or gifts and are directly related to your business. Amended 1040 tax return If the payments are charitable contributions or gifts, you cannot deduct them as business expenses. Amended 1040 tax return However, corporations (other than S corporations) can deduct charitable contributions on their income tax returns, subject to limitations. Amended 1040 tax return See the Instructions for Form 1120 for more information. Amended 1040 tax return Sole proprietors, partners in a partnership, or shareholders in an S corporation may be able to deduct charitable contributions made by their business on Schedule A (Form 1040). Amended 1040 tax return Example. Amended 1040 tax return You paid $15 to a local church for a half-page ad in a program for a concert it is sponsoring. Amended 1040 tax return The purpose of the ad was to encourage readers to buy your products. Amended 1040 tax return Your payment is not a charitable contribution. Amended 1040 tax return You can deduct it as an advertising expense. Amended 1040 tax return Example. Amended 1040 tax return You made a $100,000 donation to a committee organized by the local Chamber of Commerce to bring a convention to your city, intended to increase business activity, including yours. Amended 1040 tax return Your payment is not a charitable contribution. Amended 1040 tax return You can deduct it as a business expense. Amended 1040 tax return See Publication 526 for a discussion of donated inventory, including capital gain property. Amended 1040 tax return Club dues and membership fees. Amended 1040 tax return   Generally, you cannot deduct amounts paid or incurred for membership in any club organized for business, pleasure, recreation, or any other social purpose. Amended 1040 tax return This includes country clubs, golf and athletic clubs, hotel clubs, sporting clubs, airline clubs, and clubs operated to provide meals under circumstances generally considered to be conducive to business discussions. Amended 1040 tax return Exception. Amended 1040 tax return   The following organizations are not treated as clubs organized for business, pleasure, recreation, or other social purpose unless one of the main purposes is to conduct entertainment activities for members or their guests or to provide members or their guests with access to entertainment facilities. Amended 1040 tax return Boards of trade. Amended 1040 tax return Business leagues. Amended 1040 tax return Chambers of commerce. Amended 1040 tax return Civic or public service organizations. Amended 1040 tax return Professional organizations such as bar associations and medical associations. Amended 1040 tax return Real estate boards. Amended 1040 tax return Trade associations. Amended 1040 tax return Credit card convenience fees. Amended 1040 tax return   Credit card companies charge a fee to businesses who accept their cards. Amended 1040 tax return This fee when paid or incurred by the business can be deducted as a business expense. Amended 1040 tax return Damages recovered. Amended 1040 tax return   Special rules apply to compensation you receive for damages sustained as a result of patent infringement, breach of contract or fiduciary duty, or antitrust violations. Amended 1040 tax return You must include this compensation in your income. Amended 1040 tax return However, you may be able to take a special deduction. Amended 1040 tax return The deduction applies only to amounts recovered for actual economic injury, not any additional amount. Amended 1040 tax return The deduction is the smaller of the following. Amended 1040 tax return The amount you received or accrued for damages in the tax year reduced by the amount you paid or incurred in the year to recover that amount. Amended 1040 tax return Your losses from the injury you have not deducted. Amended 1040 tax return Demolition expenses or losses. Amended 1040 tax return   Amounts paid or incurred to demolish a structure are not deductible. Amended 1040 tax return These amounts are added to the basis of the land where the demolished structure was located. Amended 1040 tax return Any loss for the remaining undepreciated basis of a demolished structure would not be recognized until the property is disposed of. Amended 1040 tax return Education expenses. Amended 1040 tax return   Ordinary and necessary expenses paid for the cost of the education and training of your employees are deductible. Amended 1040 tax return See Education Expenses in chapter 2. Amended 1040 tax return   You can also deduct the cost of your own education (including certain related travel) related to your trade or business. Amended 1040 tax return You must be able to show the education maintains or improves skills required in your trade or business, or that it is required by law or regulations, for keeping your license to practice, status, or job. Amended 1040 tax return For example, an attorney can deduct the cost of attending Continuing Legal Education (CLE) classes that are required by the state bar association to maintain his or her license to practice law. Amended 1040 tax return   Education expenses you incur to meet the minimum requirements of your present trade or business, or those that qualify you for a new trade or business, are not deductible. Amended 1040 tax return This is true even if the education maintains or improves skills presently required in your business. Amended 1040 tax return For more information on education expenses, see Publication 970. Amended 1040 tax return Franchise, trademark, trade name. Amended 1040 tax return   If you buy a franchise, trademark, or trade name, you can deduct the amount you pay or incur as a business expense only if your payments are part of a series of payments that are: Contingent on productivity, use, or disposition of the item, Payable at least annually for the entire term of the transfer agreement, and Substantially equal in amount (or payable under a fixed formula). Amended 1040 tax return   When determining the term of the transfer agreement, include all renewal options and any other period for which you and the transferrer reasonably expect the agreement to be renewed. Amended 1040 tax return   A franchise includes an agreement that gives one of the parties to the agreement the right to distribute, sell, or provide goods, services, or facilities within a specified area. Amended 1040 tax return Impairment-related expenses. Amended 1040 tax return   If you are disabled, you can deduct expenses necessary for you to be able to work (impairment-related expenses) as a business expense, rather than as a medical expense. Amended 1040 tax return   You are disabled if you have either of the following. Amended 1040 tax return A physical or mental disability (for example, blindness or deafness) that functionally limits your being employed. Amended 1040 tax return A physical or mental impairment that substantially limits one or more of your major life activities. Amended 1040 tax return   The expense qualifies as a business expense if all the following apply. Amended 1040 tax return Your work clearly requires the expense for you to satisfactorily perform that work. Amended 1040 tax return The goods or services purchased are clearly not needed or used, other than incidentally, in your personal activities. Amended 1040 tax return Their treatment is not specifically provided for under other tax law provisions. Amended 1040 tax return Example. Amended 1040 tax return You are blind. Amended 1040 tax return You must use a reader to do your work, both at and away from your place of work. Amended 1040 tax return The reader's services are only for your work. Amended 1040 tax return You can deduct your expenses for the reader as a business expense. Amended 1040 tax return Internet-related expenses. Amended 1040 tax return   Generally, you can deduct internet-related expenses including domain registrations fees and webmaster consulting costs. Amended 1040 tax return If you are starting a business you may have to amortize these expenses as start-up costs. Amended 1040 tax return For more information about amortizing start-up and organizational costs, see chapter 8. Amended 1040 tax return Interview expense allowances. Amended 1040 tax return   Reimbursements you make to job candidates for transportation or other expenses related to interviews for possible employment are not wages. Amended 1040 tax return You can deduct the reimbursements as a business expense. Amended 1040 tax return However, expenses for food, beverages, and entertainment are subject to the 50% limit discussed earlier under Meals and Entertainment. Amended 1040 tax return Legal and professional fees. Amended 1040 tax return   Fees charged by accountants and attorneys that are ordinary and necessary expenses directly related to operating your business are deductible as business expenses. Amended 1040 tax return However, usually legal fees you pay to acquire business assets are not deductible. Amended 1040 tax return These costs are added to the basis of the property. Amended 1040 tax return   Fees that include payments for work of a personal nature (such as drafting a will, or damages arising from a personal injury) are not allowed as a business deduction on Schedule C or C-EZ. Amended 1040 tax return If the invoice includes both business and personal charges, compute the business portion as follows: multiply the total amount of the bill by a fraction, the numerator of which is the amount attributable to business matters, the denominator of which is the total amount paid. Amended 1040 tax return The result is the portion of the invoice attributable to business expenses. Amended 1040 tax return The portion attributable to personal matters is the difference between the total amount and the business portion (computed above). Amended 1040 tax return   Legal fees relating to personal tax advice may be deductible on Schedule A (Form 1040), if you itemize deductions. Amended 1040 tax return However, the deduction is subject to the 2% limitation on miscellaneous itemized deductions. Amended 1040 tax return See Publication 529, Miscellaneous Deductions. Amended 1040 tax return Tax preparation fees. Amended 1040 tax return   The cost of hiring a tax professional, such as a C. Amended 1040 tax return P. Amended 1040 tax return A. Amended 1040 tax return , to prepare that part of your tax return relating to your business as a sole proprietor is deductible on Schedule C or Schedule C-EZ. Amended 1040 tax return Any remaining cost may be deductible on Schedule A (Form 1040) if you itemize deductions. Amended 1040 tax return   You can also claim a business deduction for amounts paid or incurred in resolving asserted tax deficiencies for your business operated as a sole proprietor. Amended 1040 tax return Licenses and regulatory fees. Amended 1040 tax return   Licenses and regulatory fees for your trade or business paid annually to state or local governments generally are deductible. Amended 1040 tax return Some licenses and fees may have to be amortized. Amended 1040 tax return See chapter 8 for more information. Amended 1040 tax return Lobbying expenses. Amended 1040 tax return   Generally, lobbying expenses are not deductible. Amended 1040 tax return Lobbying expenses include amounts paid or incurred for any of the following activities. Amended 1040 tax return Influencing legislation. Amended 1040 tax return Participating in or intervening in any political campaign for, or against, any candidate for public office. Amended 1040 tax return Attempting to influence the general public, or segments of the public, about elections, legislative matters, or referendums. Amended 1040 tax return Communicating directly with covered executive branch officials (defined later) in any attempt to influence the official actions or positions of those officials. Amended 1040 tax return Researching, preparing, planning, or coordinating any of the preceding activities. Amended 1040 tax return   Your expenses for influencing legislation and communicating directly with a covered executive branch official include a portion of your labor costs and general and administrative costs of your business. Amended 1040 tax return For information on making this allocation, see section 1. Amended 1040 tax return 162-28 of the regulations. Amended 1040 tax return   You cannot claim a charitable or business expense deduction for amounts paid to an organization if both of the following apply. Amended 1040 tax return The organization conducts lobbying activities on matters of direct financial interest to your business. Amended 1040 tax return A principal purpose of your contribution is to avoid the rules discussed earlier that prohibit a business deduction for lobbying expenses. Amended 1040 tax return   If a tax-exempt organization, other than a section 501(c)(3) organization, provides you with a notice on the part of dues that is allocable to nondeductible lobbying and political expenses, you cannot deduct that part of the dues. Amended 1040 tax return Covered executive branch official. Amended 1040 tax return   For purposes of this discussion, a covered executive branch official is any of the following. Amended 1040 tax return The President. Amended 1040 tax return The Vice President. Amended 1040 tax return Any officer or employee of the White House Office of the Executive Office of the President and the two most senior level officers of each of the other agencies in the Executive Office. Amended 1040 tax return Any individual who: Is serving in a position in Level I of the Executive Schedule under section 5312 of title 5, United States Code, Has been designated by the President as having Cabinet-level status, or Is an immediate deputy of an individual listed in item (a) or (b). Amended 1040 tax return Exceptions to denial of deduction. Amended 1040 tax return   The general denial of the deduction does not apply to the following. Amended 1040 tax return Expenses of appearing before, or communicating with, any committee or member of any local council or similar governing body concerning its legislation (local legislation) if the legislation is of direct interest to you or to you and an organization of which you are a member. Amended 1040 tax return An Indian tribal government is treated as a local council or similar governing body. Amended 1040 tax return Any in-house expenses for influencing legislation and communicating directly with a covered executive branch official if those expenses for the tax year do not exceed $2,000 (excluding overhead expenses). Amended 1040 tax return Expenses incurred by taxpayers engaged in the trade or business of lobbying (professional lobbyists) on behalf of another person (but does apply to payments by the other person to the lobbyist for lobbying activities). Amended 1040 tax return Moving machinery. Amended 1040 tax return   Generally, the cost of moving machinery from one city to another is a deductible expense. Amended 1040 tax return So is the cost of moving machinery from one plant to another, or from one part of your plant to another. Amended 1040 tax return You can deduct the cost of installing the machinery in the new location. Amended 1040 tax return However, you must capitalize the costs of installing or moving newly purchased machinery. Amended 1040 tax return Outplacement services. Amended 1040 tax return   The costs of outplacement services you provide to your employees to help them find new employment, such as career counseling, résumé assistance, skills assessment, etc. Amended 1040 tax return are deductible. Amended 1040 tax return   The costs of outplacement services may cover more than one deduction category. Amended 1040 tax return For example, deduct as a utilities expense the cost of telephone calls made under this service and deduct as rental expense the cost of renting machinery and equipment for this service. Amended 1040 tax return   For information on whether the value of outplacement services is includable in your employees' income, see Publication 15-B. Amended 1040 tax return Penalties and fines. Amended 1040 tax return   Penalties paid for late performance or nonperformance of a contract are generally deductible. Amended 1040 tax return For instance, you own and operate a construction company. Amended 1040 tax return Under a contract, you are to finish construction of a building by a certain date. Amended 1040 tax return Due to construction delays, the building is not completed and ready for occupancy on the date stipulated in the contract. Amended 1040 tax return You are now required to pay an additional amount for each day that completion is delayed beyond the completion date stipulated in the contract. Amended 1040 tax return These additional costs are deductible business expenses. Amended 1040 tax return   On the other hand, penalties or fines paid to any government agency or instrumentality because of a violation of any law are not deductible. Amended 1040 tax return These fines or penalties include the following amounts. Amended 1040 tax return Paid because of a conviction for a crime or after a plea of guilty or no contest in a criminal proceeding. Amended 1040 tax return Paid as a penalty imposed by federal, state, or local law in a civil action, including certain additions to tax and additional amounts and assessable penalties imposed by the Internal Revenue Code. Amended 1040 tax return Paid in settlement of actual or possible liability for a fine or penalty, whether civil or criminal. Amended 1040 tax return Forfeited as collateral posted for a proceeding that could result in a fine or penalty. Amended 1040 tax return   Examples of nondeductible penalties and fines include the following. Amended 1040 tax return Fines for violating city housing codes. Amended 1040 tax return Fines paid by truckers for violating state maximum highway weight laws. Amended 1040 tax return Fines for violating air quality laws. Amended 1040 tax return Civil penalties for violating federal laws regarding mining safety standards and discharges into navigable waters. Amended 1040 tax return   A fine or penalty does not include any of the following. Amended 1040 tax return Legal fees and related expenses to defend yourself in a prosecution or civil action for a violation of the law imposing the fine or civil penalty. Amended 1040 tax return Court costs or stenographic and printing charges. Amended 1040 tax return Compensatory damages paid to a government. Amended 1040 tax return Political contributions. Amended 1040 tax return   Contributions or gifts paid to political parties or candidates are not deductible. Amended 1040 tax return In addition, expenses paid or incurred to take part in any political campaign of a candidate for public office are not deductible. Amended 1040 tax return Indirect political contributions. Amended 1040 tax return   You cannot deduct indirect political contributions and costs of taking part in political activities as business expenses. Amended 1040 tax return Examples of nondeductible expenses include the following. Amended 1040 tax return Advertising in a convention program of a political party, or in any other publication if any of the proceeds from the publication are for, or intended for, the use of a political party or candidate. Amended 1040 tax return Admission to a dinner or program (including, but not limited to, galas, dances, film presentations, parties, and sporting events) if any of the proceeds from the function are for, or intended for, the use of a political party or candidate. Amended 1040 tax return Admission to an inaugural ball, gala, parade, concert, or similar event if identified with a political party or candidate. Amended 1040 tax return Repairs. Amended 1040 tax return   The cost of repairing or improving property used in your trade or business is either a deductible or capital expense. Amended 1040 tax return Routine maintenance that keeps your property in a normal efficient operating condition, but that does not materially increase the value or substantially prolong the useful life of the property, is deductible in the year that it is incurred. Amended 1040 tax return Otherwise, the cost must be capitalized and depreciated. Amended 1040 tax return See Form 4562 and its instructions for how to compute and claim the depreciation deduction. Amended 1040 tax return   The cost of repairs includes the costs of labor, supplies, and certain other items. Amended 1040 tax return The value of your own labor is not deductible. Amended 1040 tax return Examples of repairs include: Reconditioning floors (but not replacement), Repainting the interior and exterior walls of a building, Cleaning and repairing roofs and gutters, and Fixing plumbing leaks (but not replacement of fixtures). Amended 1040 tax return Repayments. Amended 1040 tax return   If you had to repay an amount you included in your income in an earlier year, you may be able to deduct the amount repaid for the year in which you repaid it. Amended 1040 tax return Or, if the amount you repaid is more than $3,000, you may be able to take a credit against your tax for the year in which you repaid it. Amended 1040 tax return Type of deduction. Amended 1040 tax return   The type of deduction you are allowed in the year of repayment depends on the type of income you included in the earlier year. Amended 1040 tax return For instance, if you repay an amount you previously reported as a capital gain, deduct the repayment as a capital loss on Form 8949. Amended 1040 tax return If you reported it as self-employment income, deduct it as a business deduction on Schedule C or Schedule C-EZ (Form 1040) or Schedule F (Form 1040). Amended 1040 tax return   If you reported the amount as wages, unemployment compensation, or other nonbusiness ordinary income, enter it on Schedule A (Form 1040) as a miscellaneous itemized deduction that is subject to the 2% limitation. Amended 1040 tax return However, if the repayment is over $3,000 and Method 1 (discussed later) applies, deduct it on Schedule A (Form 1040) as a miscellaneous itemized deduction that is not subject to the 2% limitation. Amended 1040 tax return Repayment—$3,000 or less. Amended 1040 tax return   If the amount you repaid was $3,000 or less, deduct it from your income in the year you repaid it. Amended 1040 tax return Repayment—over $3,000. Amended 1040 tax return   If the amount you repaid was more than $3,000, you can deduct the repayment, as described earlier. Amended 1040 tax return However, you can instead choose to take a tax credit for the year of repayment if you included the income under a “claim of right. Amended 1040 tax return ” This means that at the time you included the income, it appeared that you had an unrestricted right to it. Amended 1040 tax return If you qualify for this choice, figure your tax under both methods and use the method that results in less tax. Amended 1040 tax return Method 1. Amended 1040 tax return   Figure your tax for 2013 claiming a deduction for the repaid amount. Amended 1040 tax return Method 2. Amended 1040 tax return   Figure your tax for 2013 claiming a credit for the repaid amount. Amended 1040 tax return Follow these steps. Amended 1040 tax return Figure your tax for 2013 without deducting the repaid amount. Amended 1040 tax return Refigure your tax from the earlier year without including in income the amount you repaid in 2013. Amended 1040 tax return Subtract the tax in (2) from the tax shown on your return for the earlier year. Amended 1040 tax return This is the amount of your credit. Amended 1040 tax return Subtract the answer in (3) from the tax for 2013 figured without the deduction (step 1). Amended 1040 tax return   If Method 1 results in less tax, deduct the amount repaid as discussed earlier under Type of deduction. Amended 1040 tax return   If Method 2 results in less tax, claim the credit on line 71 of Form 1040, and write “I. Amended 1040 tax return R. Amended 1040 tax return C. Amended 1040 tax return 1341” next to line 71. Amended 1040 tax return Example. Amended 1040 tax return For 2012, you filed a return and reported your income on the cash method. Amended 1040 tax return In 2013, you repaid $5,000 included in your 2012 gross income under a claim of right. Amended 1040 tax return Your filing status in 2013 and 2012 is single. Amended 1040 tax return Your income and tax for both years are as follows:   2012  With Income 2012  Without Income Taxable Income $15,000 $10,000 Tax $ 1,819 $ 1,069   2013  Without Deduction 2013  With Deduction Taxable Income $49,950 $44,950 Tax $8,423 $7,173 Your tax under Method 1 is $7,173. Amended 1040 tax return Your tax under Method 2 is $7,673, figured as follows: Tax previously determined for 2012 $ 1,819 Less: Tax as refigured − 1,069 Decrease in 2012 tax $ 750 Regular tax liability for 2013 $8,423 Less: Decrease in 2012 tax − 750 Refigured tax for 2013 $ 7,673 Because you pay less tax under Method 1, you should take a deduction for the repayment in 2013. Amended 1040 tax return Repayment does not apply. Amended 1040 tax return   This discussion does not apply to the following. Amended 1040 tax return Deductions for bad debts. Amended 1040 tax return Deductions from sales to customers, such as returns and allowances, and similar items. Amended 1040 tax return Deductions for legal and other expenses of contesting the repayment. Amended 1040 tax return Year of deduction (or credit). Amended 1040 tax return   If you use the cash method of accounting, you can take the deduction (or credit, if applicable) for the tax year in which you actually make the repayment. Amended 1040 tax return If you use any other accounting method, you can deduct the repayment or claim a credit for it only for the tax year in which it is a proper deduction under your accounting method. Amended 1040 tax return For example, if you use the accrual method, you are entitled to the deduction or credit in the tax year in which the obligation for the repayment accrues. Amended 1040 tax return Subscriptions. Amended 1040 tax return   Subscriptions to professional, technical, and trade journals that deal with your business field are deductible. Amended 1040 tax return Supplies and materials. Amended 1040 tax return   Unless you have deducted the cost in any earlier year, you generally can deduct the cost of materials and supplies actually consumed and used during the tax year. Amended 1040 tax return   If you keep incidental materials and supplies on hand, you can deduct the cost of the incidental materials and supplies you bought during the tax year if all the following requirements are met. Amended 1040 tax return You do not keep a record of when they are used. Amended 1040 tax return You do not take an inventory of the amount on hand at the beginning and end of the tax year. Amended 1040 tax return This method does not distort your income. Amended 1040 tax return   You can also deduct the cost of books, professional instruments, equipment, etc. Amended 1040 tax return , if you normally use them within a year. Amended 1040 tax return However, if the usefulness of these items extends substantially beyond the year they are placed in service, you generally must recover their costs through depreciation. Amended 1040 tax return For more information regarding depreciation see Publication 946, How To Depreciate Property. Amended 1040 tax return Utilities. Amended 1040 tax return   Business expenses for heat, lights, power, telephone service, and water and sewerage are deductible. Amended 1040 tax return However, any part due to personal use is not deductible. Amended 1040 tax return Telephone. Amended 1040 tax return   You cannot deduct the cost of basic local telephone service (including any taxes) for the first telephone line you have in your home, even if you have an office in your home. Amended 1040 tax return However, charges for business long-distance phone calls on that line, as well as the cost of a second line into your home used exclusively for business, are deductible business expenses. 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