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Filelate 1. Filelate   Travel Table of Contents Traveling Away From HomeTax Home Tax Home Different From Family Home Temporary Assignment or Job What Travel Expenses Are Deductible?Employee. Filelate Business associate. Filelate Bona fide business purpose. Filelate Meals Travel in the United States Travel Outside the United States Luxury Water Travel Conventions If you temporarily travel away from your tax home, you can use this chapter to determine if you have deductible travel expenses. Filelate This chapter discusses: Traveling away from home, Temporary assignment or job, and What travel expenses are deductible. Filelate It also discusses the standard meal allowance, rules for travel inside and outside the United States, luxury water travel, and deductible convention expenses. Filelate Travel expenses defined. Filelate   For tax purposes, travel expenses are the ordinary and necessary expenses of traveling away from home for your business, profession, or job. Filelate   An ordinary expense is one that is common and accepted in your trade or business. Filelate A necessary expense is one that is helpful and appropriate for your business. Filelate An expense does not have to be required to be considered necessary. Filelate   You will find examples of deductible travel expenses in Table 1-1 , later. Filelate Traveling Away From Home You are traveling away from home if: Your duties require you to be away from the general area of your tax home (defined later) substantially longer than an ordinary day's work, and You need to sleep or rest to meet the demands of your work while away from home. Filelate This rest requirement is not satisfied by merely napping in your car. Filelate You do not have to be away from your tax home for a whole day or from dusk to dawn as long as your relief from duty is long enough to get necessary sleep or rest. Filelate Example 1. Filelate You are a railroad conductor. Filelate You leave your home terminal on a regularly scheduled round-trip run between two cities and return home 16 hours later. Filelate During the run, you have 6 hours off at your turnaround point where you eat two meals and rent a hotel room to get necessary sleep before starting the return trip. Filelate You are considered to be away from home. Filelate Example 2. Filelate You are a truck driver. Filelate You leave your terminal and return to it later the same day. Filelate You get an hour off at your turnaround point to eat. Filelate Because you are not off to get necessary sleep and the brief time off is not an adequate rest period, you are not traveling away from home. Filelate Members of the Armed Forces. Filelate   If you are a member of the U. Filelate S. Filelate Armed Forces on a permanent duty assignment overseas, you are not traveling away from home. Filelate You cannot deduct your expenses for meals and lodging. Filelate You cannot deduct these expenses even if you have to maintain a home in the United States for your family members who are not allowed to accompany you overseas. Filelate If you are transferred from one permanent duty station to another, you may have deductible moving expenses, which are explained in Publication 521, Moving Expenses. Filelate   A naval officer assigned to permanent duty aboard a ship that has regular eating and living facilities has a tax home (explained next) aboard the ship for travel expense purposes. Filelate Tax Home To determine whether you are traveling away from home, you must first determine the location of your tax home. Filelate Generally, your tax home is your regular place of business or post of duty, regardless of where you maintain your family home. Filelate It includes the entire city or general area in which your business or work is located. Filelate If you have more than one regular place of business, your tax home is your main place of business. Filelate See Main place of business or work , later. Filelate If you do not have a regular or a main place of business because of the nature of your work, then your tax home may be the place where you regularly live. Filelate See No main place of business or work , later. Filelate If you do not have a regular or main place of business or post of duty and there is no place where you regularly live, you are considered an itinerant (a transient) and your tax home is wherever you work. Filelate As an itinerant, you cannot claim a travel expense deduction because you are never considered to be traveling away from home. Filelate Main place of business or work. Filelate   If you have more than one place of work, consider the following when determining which one is your main place of business or work. Filelate The total time you ordinarily spend in each place. Filelate The level of your business activity in each place. Filelate Whether your income from each place is significant or insignificant. Filelate Example. Filelate You live in Cincinnati where you have a seasonal job for 8 months each year and earn $40,000. Filelate You work the other 4 months in Miami, also at a seasonal job, and earn $15,000. Filelate Cincinnati is your main place of work because you spend most of your time there and earn most of your income there. Filelate No main place of business or work. Filelate   You may have a tax home even if you do not have a regular or main place of work. Filelate Your tax home may be the home where you regularly live. Filelate Factors used to determine tax home. Filelate   If you do not have a regular or main place of business or work, use the following three factors to determine where your tax home is. Filelate You perform part of your business in the area of your main home and use that home for lodging while doing business in the area. Filelate You have living expenses at your main home that you duplicate because your business requires you to be away from that home. Filelate You have not abandoned the area in which both your historical place of lodging and your claimed main home are located; you have a member or members of your family living at your main home; or you often use that home for lodging. Filelate   If you satisfy all three factors, your tax home is the home where you regularly live. Filelate If you satisfy only two factors, you may have a tax home depending on all the facts and circumstances. Filelate If you satisfy only one factor, you are an itinerant; your tax home is wherever you work and you cannot deduct travel expenses. Filelate Example 1. Filelate You are single and live in Boston in an apartment you rent. Filelate You have worked for your employer in Boston for a number of years. Filelate Your employer enrolls you in a 12-month executive training program. Filelate You do not expect to return to work in Boston after you complete your training. Filelate During your training, you do not do any work in Boston. Filelate Instead, you receive classroom and on-the-job training throughout the United States. Filelate You keep your apartment in Boston and return to it frequently. Filelate You use your apartment to conduct your personal business. Filelate You also keep up your community contacts in Boston. Filelate When you complete your training, you are transferred to Los Angeles. Filelate You do not satisfy factor (1) because you did not work in Boston. Filelate You satisfy factor (2) because you had duplicate living expenses. Filelate You also satisfy factor (3) because you did not abandon your apartment in Boston as your main home, you kept your community contacts, and you frequently returned to live in your apartment. Filelate Therefore, you have a tax home in Boston. Filelate Example 2. Filelate You are an outside salesperson with a sales territory covering several states. Filelate Your employer's main office is in Newark, but you do not conduct any business there. Filelate Your work assignments are temporary, and you have no way of knowing where your future assignments will be located. Filelate You have a room in your married sister's house in Dayton. Filelate You stay there for one or two weekends a year, but you do no work in the area. Filelate You do not pay your sister for the use of the room. Filelate You do not satisfy any of the three factors listed earlier. Filelate You are an itinerant and have no tax home. Filelate Tax Home Different From Family Home If you (and your family) do not live at your tax home (defined earlier), you cannot deduct the cost of traveling between your tax home and your family home. Filelate You also cannot deduct the cost of meals and lodging while at your tax home. Filelate See Example 1 , later. Filelate If you are working temporarily in the same city where you and your family live, you may be considered as traveling away from home. Filelate See Example 2 , later. Filelate Example 1. Filelate You are a truck driver and you and your family live in Tucson. Filelate You are employed by a trucking firm that has its terminal in Phoenix. Filelate At the end of your long runs, you return to your home terminal in Phoenix and spend one night there before returning home. Filelate You cannot deduct any expenses you have for meals and lodging in Phoenix or the cost of traveling from Phoenix to Tucson. Filelate This is because Phoenix is your tax home. Filelate Example 2. Filelate Your family home is in Pittsburgh, where you work 12 weeks a year. Filelate The rest of the year you work for the same employer in Baltimore. Filelate In Baltimore, you eat in restaurants and sleep in a rooming house. Filelate Your salary is the same whether you are in Pittsburgh or Baltimore. Filelate Because you spend most of your working time and earn most of your salary in Baltimore, that city is your tax home. Filelate You cannot deduct any expenses you have for meals and lodging there. Filelate However, when you return to work in Pittsburgh, you are away from your tax home even though you stay at your family home. Filelate You can deduct the cost of your round trip between Baltimore and Pittsburgh. Filelate You can also deduct your part of your family's living expenses for meals and lodging while you are living and working in Pittsburgh. Filelate Temporary Assignment or Job You may regularly work at your tax home and also work at another location. Filelate It may not be practical to return to your tax home from this other location at the end of each work day. Filelate Temporary assignment vs. Filelate indefinite assignment. Filelate   If your assignment or job away from your main place of work is temporary, your tax home does not change. Filelate You are considered to be away from home for the whole period you are away from your main place of work. Filelate You can deduct your travel expenses if they otherwise qualify for deduction. Filelate Generally, a temporary assignment in a single location is one that is realistically expected to last (and does in fact last) for 1 year or less. Filelate    However, if your assignment or job is indefinite, the location of the assignment or job becomes your new tax home and you cannot deduct your travel expenses while there. Filelate An assignment or job in a single location is considered indefinite if it is realistically expected to last for more than 1 year, whether or not it actually lasts for more than 1 year. Filelate   If your assignment is indefinite, you must include in your income any amounts you receive from your employer for living expenses, even if they are called travel allowances and you account to your employer for them. Filelate You may be able to deduct the cost of relocating to your new tax home as a moving expense. Filelate See Publication 521 for more information. Filelate Exception for federal crime investigations or prosecutions. Filelate   If you are a federal employee participating in a federal crime investigation or prosecution, you are not subject to the 1-year rule. Filelate This means you may be able to deduct travel expenses even if you are away from your tax home for more than 1 year provided you meet the other requirements for deductibility. Filelate   For you to qualify, the Attorney General (or his or her designee) must certify that you are traveling: For the federal government, In a temporary duty status, and To investigate, prosecute, or provide support services for the investigation or prosecution of a federal crime. Filelate Determining temporary or indefinite. Filelate   You must determine whether your assignment is temporary or indefinite when you start work. Filelate If you expect an assignment or job to last for 1 year or less, it is temporary unless there are facts and circumstances that indicate otherwise. Filelate An assignment or job that is initially temporary may become indefinite due to changed circumstances. Filelate A series of assignments to the same location, all for short periods but that together cover a long period, may be considered an indefinite assignment. Filelate   The following examples illustrate whether an assignment or job is temporary or indefinite. Filelate Example 1. Filelate You are a construction worker. Filelate You live and regularly work in Los Angeles. Filelate You are a member of a trade union in Los Angeles that helps you get work in the Los Angeles area. Filelate Your tax home is Los Angeles. Filelate Because of a shortage of work, you took a job on a construction project in Fresno. Filelate Your job was scheduled to end in 8 months. Filelate The job actually lasted 10 months. Filelate You realistically expected the job in Fresno to last 8 months. Filelate The job actually did last less than 1 year. Filelate The job is temporary and your tax home is still in Los Angeles. Filelate Example 2. Filelate The facts are the same as in Example 1, except that you realistically expected the work in Fresno to last 18 months. Filelate The job actually was completed in 10 months. Filelate Your job in Fresno is indefinite because you realistically expected the work to last longer than 1 year, even though it actually lasted less than 1 year. Filelate You cannot deduct any travel expenses you had in Fresno because Fresno became your tax home. Filelate Example 3. Filelate The facts are the same as in Example 1, except that you realistically expected the work in Fresno to last 9 months. Filelate After 8 months, however, you were asked to remain for 7 more months (for a total actual stay of 15 months). Filelate Initially, you realistically expected the job in Fresno to last for only 9 months. Filelate However, due to changed circumstances occurring after 8 months, it was no longer realistic for you to expect that the job in Fresno would last for 1 year or less. Filelate You can only deduct your travel expenses for the first 8 months. Filelate You cannot deduct any travel expenses you had after that time because Fresno became your tax home when the job became indefinite. Filelate Going home on days off. Filelate   If you go back to your tax home from a temporary assignment on your days off, you are not considered away from home while you are in your hometown. Filelate You cannot deduct the cost of your meals and lodging there. Filelate However, you can deduct your travel expenses, including meals and lodging, while traveling between your temporary place of work and your tax home. Filelate You can claim these expenses up to the amount it would have cost you to stay at your temporary place of work. Filelate   If you keep your hotel room during your visit home, you can deduct the cost of your hotel room. Filelate In addition, you can deduct your expenses of returning home up to the amount you would have spent for meals had you stayed at your temporary place of work. Filelate Probationary work period. Filelate   If you take a job that requires you to move, with the understanding that you will keep the job if your work is satisfactory during a probationary period, the job is indefinite. Filelate You cannot deduct any of your expenses for meals and lodging during the probationary period. Filelate What Travel Expenses Are Deductible? Once you have determined that you are traveling away from your tax home, you can determine what travel expenses are deductible. Filelate You can deduct ordinary and necessary expenses you have when you travel away from home on business. Filelate The type of expense you can deduct depends on the facts and your circumstances. Filelate Table 1-1 summarizes travel expenses you may be able to deduct. Filelate You may have other deductible travel expenses that are not covered there, depending on the facts and your circumstances. Filelate When you travel away from home on business, you should keep records of all the expenses you have and any advances you receive from your employer. Filelate You can use a log, diary, notebook, or any other written record to keep track of your expenses. Filelate The types of expenses you need to record, along with supporting documentation, are described in Table 5-1 (see chapter 5). Filelate Separating costs. Filelate   If you have one expense that includes the costs of meals, entertainment, and other services (such as lodging or transportation), you must allocate that expense between the cost of meals and entertainment and the cost of other services. Filelate You must have a reasonable basis for making this allocation. Filelate For example, you must allocate your expenses if a hotel includes one or more meals in its room charge. Filelate Travel expenses for another individual. Filelate    If a spouse, dependent, or other individual goes with you (or your employee) on a business trip or to a business convention, you generally cannot deduct his or her travel expenses. Filelate Employee. Filelate   You can deduct the travel expenses of someone who goes with you if that person: Is your employee, Has a bona fide business purpose for the travel, and Would otherwise be allowed to deduct the travel expenses. Filelate Business associate. Filelate   If a business associate travels with you and meets the conditions in (2) and (3), earlier, you can deduct the travel expenses you have for that person. Filelate A business associate is someone with whom you could reasonably expect to actively conduct business. Filelate A business associate can be a current or prospective (likely to become) customer, client, supplier, employee, agent, partner, or professional advisor. Filelate Bona fide business purpose. Filelate   A bona fide business purpose exists if you can prove a real business purpose for the individual's presence. Filelate Incidental services, such as typing notes or assisting in entertaining customers, are not enough to make the expenses deductible. Filelate Table 1-1. Filelate Travel Expenses You Can Deduct   This chart summarizes expenses you can deduct when you travel away from home for business purposes. Filelate IF you have expenses for. Filelate . Filelate . Filelate THEN you can deduct the cost of. Filelate . Filelate . Filelate transportation travel by airplane, train, bus, or car between your home and your business destination. Filelate If you were provided with a free ticket or you are riding free as a result of a frequent traveler or similar program, your cost is zero. Filelate If you travel by ship, see Luxury Water Travel and Cruise Ships (under Conventions) for additional rules and limits. Filelate taxi, commuter bus, and airport limousine fares for these and other types of transportation that take you between: The airport or station and your hotel, and The hotel and the work location of your customers or clients, your business meeting place, or your temporary work location. Filelate baggage and shipping sending baggage and sample or display material between your regular and temporary work locations. Filelate car operating and maintaining your car when traveling away from home on business. Filelate You can deduct actual expenses or the standard mileage rate, as well as business-related tolls and parking. Filelate If you rent a car while away from home on business, you can deduct only the business-use portion of the expenses. Filelate lodging and meals your lodging and meals if your business trip is overnight or long enough that you need to stop for sleep or rest to properly perform your duties. Filelate Meals include amounts spent for food, beverages, taxes, and related tips. Filelate See Meals for additional rules and limits. Filelate cleaning dry cleaning and laundry. Filelate telephone business calls while on your business trip. Filelate This includes business communication by fax machine or other communication devices. Filelate tips tips you pay for any expenses in this chart. Filelate other other similar ordinary and necessary expenses related to your business travel. Filelate These expenses might include transportation to or from a business meal, public stenographer's fees, computer rental fees, and operating and maintaining a house trailer. Filelate Example. Filelate Jerry drives to Chicago on business and takes his wife, Linda, with him. Filelate Linda is not Jerry's employee. Filelate Linda occasionally types notes, performs similar services, and accompanies Jerry to luncheons and dinners. Filelate The performance of these services does not establish that her presence on the trip is necessary to the conduct of Jerry's business. Filelate Her expenses are not deductible. Filelate Jerry pays $199 a day for a double room. Filelate A single room costs $149 a day. Filelate He can deduct the total cost of driving his car to and from Chicago, but only $149 a day for his hotel room. Filelate If he uses public transportation, he can deduct only his fare. Filelate Meals You can deduct the cost of meals in either of the following situations. Filelate It is necessary for you to stop for substantial sleep or rest to properly perform your duties while traveling away from home on business. Filelate The meal is business-related entertainment. Filelate Business-related entertainment is discussed in chapter 2 . Filelate The following discussion deals only with meals that are not business-related entertainment. Filelate Lavish or extravagant. Filelate   You cannot deduct expenses for meals that are lavish or extravagant. Filelate An expense is not considered lavish or extravagant if it is reasonable based on the facts and circumstances. Filelate Expenses will not be disallowed merely because they are more than a fixed dollar amount or take place at deluxe restaurants, hotels, nightclubs, or resorts. Filelate 50% limit on meals. Filelate   You can figure your meals expense using either of the following methods. Filelate Actual cost. Filelate The standard meal allowance. Filelate Both of these methods are explained below. Filelate But, regardless of the method you use, you generally can deduct only 50% of the unreimbursed cost of your meals. Filelate   If you are reimbursed for the cost of your meals, how you apply the 50% limit depends on whether your employer's reimbursement plan was accountable or nonaccountable. Filelate If you are not reimbursed, the 50% limit applies whether the unreimbursed meal expense is for business travel or business entertainment. Filelate Chapter 2 discusses the 50% Limit in more detail, and chapter 6 discusses accountable and nonaccountable plans. Filelate Actual Cost You can use the actual cost of your meals to figure the amount of your expense before reimbursement and application of the 50% deduction limit. Filelate If you use this method, you must keep records of your actual cost. Filelate Standard Meal Allowance Generally, you can use the “standard meal allowance” method as an alternative to the actual cost method. Filelate It allows you to use a set amount for your daily meals and incidental expenses (M&IE), instead of keeping records of your actual costs. Filelate The set amount varies depending on where and when you travel. Filelate In this publication, “standard meal allowance” refers to the federal rate for M&IE, discussed later under Amount of standard meal allowance . Filelate If you use the standard meal allowance, you still must keep records to prove the time, place, and business purpose of your travel. Filelate See the recordkeeping rules for travel in chapter 5 . Filelate Incidental expenses. Filelate   The term “incidental expenses” means fees and tips given to porters, baggage carriers, hotel staff, and staff on ships. Filelate   Incidental expenses do not include expenses for laundry, cleaning and pressing of clothing, lodging taxes, costs of telegrams or telephone calls, transportation between places of lodging or business and places where meals are taken, or the mailing cost of filing travel vouchers and paying employer-sponsored charge card billings. Filelate Incidental-expenses-only method. Filelate   You can use an optional method (instead of actual cost) for deducting incidental expenses only. Filelate The amount of the deduction is $5 a day. Filelate You can use this method only if you did not pay or incur any meal expenses. Filelate You cannot use this method on any day that you use the standard meal allowance. Filelate This method is subject to the proration rules for partial days. Filelate See Travel for days you depart and return , later in this chapter. Filelate Note. Filelate The incidental-expenses-only method is not subject to the 50% limit discussed below. Filelate Federal employees should refer to the Federal Travel Regulations at www. Filelate gsa. Filelate gov. Filelate Find the “Most Requested Links” on the upper left and click on “Regulations: FAR, FMR, FTR” for Federal Travel Regulation (FTR) for changes affecting claims for reimbursement. Filelate 50% limit may apply. Filelate   If you use the standard meal allowance method for meal expenses and you are not reimbursed or you are reimbursed under a nonaccountable plan, you can generally deduct only 50% of the standard meal allowance. Filelate If you are reimbursed under an accountable plan and you are deducting amounts that are more than your reimbursements, you can deduct only 50% of the excess amount. Filelate The 50% limit is discussed in more detail in chapter 2, and accountable and nonaccountable plans are discussed in chapter 6. Filelate There is no optional standard lodging amount similar to the standard meal allowance. Filelate Your allowable lodging expense deduction is your actual cost. Filelate Who can use the standard meal allowance. Filelate   You can use the standard meal allowance whether you are an employee or self-employed, and whether or not you are reimbursed for your traveling expenses. Filelate Use of the standard meal allowance for other travel. Filelate   You can use the standard meal allowance to figure your meal expenses when you travel in connection with investment and other income-producing property. Filelate You can also use it to figure your meal expenses when you travel for qualifying educational purposes. Filelate You cannot use the standard meal allowance to figure the cost of your meals when you travel for medical or charitable purposes. Filelate Amount of standard meal allowance. Filelate   The standard meal allowance is the federal M&IE rate. Filelate For travel in 2013, the rate for most small localities in the United States is $46 a day. Filelate    Most major cities and many other localities in the United States are designated as high-cost areas, qualifying for higher standard meal allowances. Filelate    You can find this information (organized by state) on the Internet at www. Filelate gsa. Filelate gov/perdiem. Filelate Enter a zip code or select a city and state for the per diem rates for the current fiscal year. Filelate Per diem rates for prior fiscal years are available by using the drop down menu under “Search by State. Filelate ”   Per diem rates are listed by the Federal government's fiscal year which runs from October 1 to September 30. Filelate You can choose to use the rates from the 2013 fiscal year per diem tables or the rates from the 2014 fiscal year tables, but you must consistently use the same tables for all travel you are reporting on your income tax return for the year. Filelate   If you travel to more than one location in one day, use the rate in effect for the area where you stop for sleep or rest. Filelate If you work in the transportation industry, however, see Special rate for transportation workers , later. Filelate Standard meal allowance for areas outside the continental United States. Filelate   The standard meal allowance rates above do not apply to travel in Alaska, Hawaii, or any other location outside the continental United States. Filelate The Department of Defense establishes per diem rates for Alaska, Hawaii, Puerto Rico, American Samoa, Guam, Midway, the Northern Mariana Islands, the U. Filelate S. Filelate Virgin Islands, Wake Island, and other non-foreign areas outside the continental United States. Filelate The Department of State establishes per diem rates for all other foreign areas. Filelate    You can access per diem rates for non-foreign areas outside the continental United States at: www. Filelate defensetravel. Filelate dod. Filelate mil/site/perdiemCalc. Filelate cfm. Filelate You can access all other foreign per diem rates at: www. Filelate state. Filelate gov/travel/. Filelate Click on “Travel Per Diem Allowances for Foreign Areas,” under “Foreign Per Diem Rates” to obtain the latest foreign per diem rates. Filelate Special rate for transportation workers. Filelate   You can use a special standard meal allowance if you work in the transportation industry. Filelate You are in the transportation industry if your work: Directly involves moving people or goods by airplane, barge, bus, ship, train, or truck, and Regularly requires you to travel away from home and, during any single trip, usually involves travel to areas eligible for different standard meal allowance rates. Filelate If this applies to you, you can claim a standard meal allowance of $59 a day ($65 for travel outside the continental United States). Filelate   Using the special rate for transportation workers eliminates the need for you to determine the standard meal allowance for every area where you stop for sleep or rest. Filelate If you choose to use the special rate for any trip, you must use the special rate (and not use the regular standard meal allowance rates) for all trips you take that year. Filelate Travel for days you depart and return. Filelate   For both the day you depart for and the day you return from a business trip, you must prorate the standard meal allowance (figure a reduced amount for each day). Filelate You can do so by one of two methods. Filelate Method 1: You can claim 3/4 of the standard meal allowance. Filelate Method 2: You can prorate using any method that you consistently apply and that is in accordance with reasonable business practice. Filelate Example. Filelate Jen is employed in New Orleans as a convention planner. Filelate In March, her employer sent her on a 3-day trip to Washington, DC, to attend a planning seminar. Filelate She left her home in New Orleans at 10 a. Filelate m. Filelate on Wednesday and arrived in Washington, DC, at 5:30 p. Filelate m. Filelate After spending two nights there, she flew back to New Orleans on Friday and arrived back home at 8:00 p. Filelate m. Filelate Jen's employer gave her a flat amount to cover her expenses and included it with her wages. Filelate Under Method 1, Jen can claim 2½ days of the standard meal allowance for Washington, DC: 3/4 of the daily rate for Wednesday and Friday (the days she departed and returned), and the full daily rate for Thursday. Filelate Under Method 2, Jen could also use any method that she applies consistently and that is in accordance with reasonable business practice. Filelate For example, she could claim 3 days of the standard meal allowance even though a federal employee would have to use Method 1 and be limited to only 2½ days. Filelate Travel in the United States The following discussion applies to travel in the United States. Filelate For this purpose, the United States includes the 50 states and the District of Columbia. Filelate The treatment of your travel expenses depends on how much of your trip was business related and on how much of your trip occurred within the United States. Filelate See Part of Trip Outside the United States , later. Filelate Trip Primarily for Business You can deduct all of your travel expenses if your trip was entirely business related. Filelate If your trip was primarily for business and, while at your business destination, you extended your stay for a vacation, made a personal side trip, or had other personal activities, you can deduct only your business-related travel expenses. Filelate These expenses include the travel costs of getting to and from your business destination and any business-related expenses at your business destination. Filelate Example. Filelate You work in Atlanta and take a business trip to New Orleans in May. Filelate Your business travel totals 850 miles round trip. Filelate On your way, you stop in Mobile to visit your parents. Filelate You spend $2,120 for the 9 days you are away from home for travel, meals, lodging, and other travel expenses. Filelate If you had not stopped in Mobile, you would have been gone only 6 days, and your total cost would have been $1,820. Filelate You can deduct $1,820 for your trip, including the cost of round-trip transportation to and from New Orleans. Filelate The deduction for your meals is subject to the 50% limit on meals mentioned earlier. Filelate Trip Primarily for Personal Reasons If your trip was primarily for personal reasons, such as a vacation, the entire cost of the trip is a nondeductible personal expense. Filelate However, you can deduct any expenses you have while at your destination that are directly related to your business. Filelate A trip to a resort or on a cruise ship may be a vacation even if the promoter advertises that it is primarily for business. Filelate The scheduling of incidental business activities during a trip, such as viewing videotapes or attending lectures dealing with general subjects, will not change what is really a vacation into a business trip. Filelate Part of Trip Outside the United States If part of your trip is outside the United States, use the rules described later in this chapter under Travel Outside the United States for that part of the trip. Filelate For the part of your trip that is inside the United States, use the rules for travel in the United States. Filelate Travel outside the United States does not include travel from one point in the United States to another point in the United States. Filelate The following discussion can help you determine whether your trip was entirely within the United States. Filelate Public transportation. Filelate   If you travel by public transportation, any place in the United States where that vehicle makes a scheduled stop is a point in the United States. Filelate Once the vehicle leaves the last scheduled stop in the United States on its way to a point outside the United States, you apply the rules under Travel Outside the United States . Filelate Example. Filelate You fly from New York to Puerto Rico with a scheduled stop in Miami. Filelate You return to New York nonstop. Filelate The flight from New York to Miami is in the United States, so only the flight from Miami to Puerto Rico is outside the United States. Filelate Because there are no scheduled stops between Puerto Rico and New York, all of the return trip is outside the United States. Filelate Private car. Filelate   Travel by private car in the United States is travel between points in the United States, even though you are on your way to a destination outside the United States. Filelate Example. Filelate You travel by car from Denver to Mexico City and return. Filelate Your travel from Denver to the border and from the border back to Denver is travel in the United States, and the rules in this section apply. Filelate The rules under Travel Outside the United States apply to your trip from the border to Mexico City and back to the border. Filelate Travel Outside the United States If any part of your business travel is outside the United States, some of your deductions for the cost of getting to and from your destination may be limited. Filelate For this purpose, the United States includes the 50 states and the District of Columbia. Filelate How much of your travel expenses you can deduct depends in part upon how much of your trip outside the United States was business related. Filelate Travel Entirely for Business or Considered Entirely for Business You can deduct all your travel expenses of getting to and from your business destination if your trip is entirely for business or considered entirely for business. Filelate Travel entirely for business. Filelate   If you travel outside the United States and you spend the entire time on business activities, you can deduct all of your travel expenses. Filelate Travel considered entirely for business. Filelate   Even if you did not spend your entire time on business activities, your trip is considered entirely for business if you meet at least one of the following four exceptions. Filelate Exception 1 - No substantial control. Filelate   Your trip is considered entirely for business if you did not have substantial control over arranging the trip. Filelate The fact that you control the timing of your trip does not, by itself, mean that you have substantial control over arranging your trip. Filelate   You do not have substantial control over your trip if you: Are an employee who was reimbursed or paid a travel expense allowance, and Are not related to your employer, or Are not a managing executive. Filelate    “Related to your employer” is defined later in chapter 6 under Per Diem and Car Allowances . Filelate   A “managing executive” is an employee who has the authority and responsibility, without being subject to the veto of another, to decide on the need for the business travel. Filelate   A self-employed person generally has substantial control over arranging business trips. Filelate Exception 2 - Outside United States no more than a week. Filelate   Your trip is considered entirely for business if you were outside the United States for a week or less, combining business and nonbusiness activities. Filelate One week means 7 consecutive days. Filelate In counting the days, do not count the day you leave the United States, but do count the day you return to the United States. Filelate Example. Filelate You traveled to Brussels primarily for business. Filelate You left Denver on Tuesday and flew to New York. Filelate On Wednesday, you flew from New York to Brussels, arriving the next morning. Filelate On Thursday and Friday, you had business discussions, and from Saturday until Tuesday, you were sightseeing. Filelate You flew back to New York, arriving Wednesday afternoon. Filelate On Thursday, you flew back to Denver. Filelate Although you were away from your home in Denver for more than a week, you were not outside the United States for more than a week. Filelate This is because the day you depart does not count as a day outside the United States. Filelate You can deduct your cost of the round-trip flight between Denver and Brussels. Filelate You can also deduct the cost of your stay in Brussels for Thursday and Friday while you conducted business. Filelate However, you cannot deduct the cost of your stay in Brussels from Saturday through Tuesday because those days were spent on nonbusiness activities. Filelate Exception 3 - Less than 25% of time on personal activities. Filelate   Your trip is considered entirely for business if: You were outside the United States for more than a week, and You spent less than 25% of the total time you were outside the United States on nonbusiness activities. Filelate For this purpose, count both the day your trip began and the day it ended. Filelate Example. Filelate You flew from Seattle to Tokyo, where you spent 14 days on business and 5 days on personal matters. Filelate You then flew back to Seattle. Filelate You spent 1 day flying in each direction. Filelate Because only 5/21 (less than 25%) of your total time abroad was for nonbusiness activities, you can deduct as travel expenses what it would have cost you to make the trip if you had not engaged in any nonbusiness activity. Filelate The amount you can deduct is the cost of the round-trip plane fare and 16 days of meals (subject to the 50% limit), lodging, and other related expenses. Filelate Exception 4 - Vacation not a major consideration. Filelate   Your trip is considered entirely for business if you can establish that a personal vacation was not a major consideration, even if you have substantial control over arranging the trip. Filelate Travel Primarily for Business If you travel outside the United States primarily for business but spend some of your time on other activities, you generally cannot deduct all of your travel expenses. Filelate You can only deduct the business portion of your cost of getting to and from your destination. Filelate You must allocate the costs between your business and other activities to determine your deductible amount. Filelate See Travel allocation rules , later. Filelate You do not have to allocate your travel expenses if you meet one of the four exceptions listed earlier under Travel considered entirely for business . Filelate In those cases, you can deduct the total cost of getting to and from your destination. Filelate Travel allocation rules. Filelate   If your trip outside the United States was primarily for business, you must allocate your travel time on a day-to-day basis between business days and nonbusiness days. Filelate The days you depart from and return to the United States are both counted as days outside the United States. Filelate   To figure the deductible amount of your round-trip travel expenses, use the following fraction. Filelate The numerator (top number) is the total number of business days outside the United States. Filelate The denominator (bottom number) is the total number of business and nonbusiness days of travel. Filelate Counting business days. Filelate   Your business days include transportation days, days your presence was required, days you spent on business, and certain weekends and holidays. Filelate Transportation day. Filelate   Count as a business day any day you spend traveling to or from a business destination. Filelate However, if because of a nonbusiness activity you do not travel by a direct route, your business days are the days it would take you to travel a reasonably direct route to your business destination. Filelate Extra days for side trips or nonbusiness activities cannot be counted as business days. Filelate Presence required. Filelate   Count as a business day any day your presence is required at a particular place for a specific business purpose. Filelate Count it as a business day even if you spend most of the day on nonbusiness activities. Filelate Day spent on business. Filelate   If your principal activity during working hours is the pursuit of your trade or business, count the day as a business day. Filelate Also, count as a business day any day you are prevented from working because of circumstances beyond your control. Filelate Certain weekends and holidays. Filelate   Count weekends, holidays, and other necessary standby days as business days if they fall between business days. Filelate But if they follow your business meetings or activity and you remain at your business destination for nonbusiness or personal reasons, do not count them as business days. Filelate Example 1. Filelate Your tax home is New York City. Filelate You travel to Quebec, where you have a business appointment on Friday. Filelate You have another appointment on the following Monday. Filelate Because your presence was required on both Friday and Monday, they are business days. Filelate Because the weekend is between business days, Saturday and Sunday are counted as business days. Filelate This is true even though you use the weekend for sightseeing, visiting friends, or other nonbusiness activity. Filelate Example 2. Filelate If, in Example 1, you had no business in Quebec after Friday, but stayed until Monday before starting home, Saturday and Sunday would be nonbusiness days. Filelate Nonbusiness activity on the way to or from your business destination. Filelate   If you stopped for a vacation or other nonbusiness activity either on the way from the United States to your business destination, or on the way back to the United States from your business destination, you must allocate part of your travel expenses to the nonbusiness activity. Filelate   The part you must allocate is the amount it would have cost you to travel between the point where travel outside the United States begins and your nonbusiness destination and a return to the point where travel outside the United States ends. Filelate   You determine the nonbusiness portion of that expense by multiplying it by a fraction. Filelate The numerator (top number) of the fraction is the number of nonbusiness days during your travel outside the United States and the denominator (bottom number) is the total number of days you spend outside the United States. Filelate Example. Filelate You live in New York. Filelate On May 4 you flew to Paris to attend a business conference that began on May 5. Filelate The conference ended at noon on May 14. Filelate That evening you flew to Dublin where you visited with friends until the afternoon of May 21, when you flew directly home to New York. Filelate The primary purpose for the trip was to attend the conference. Filelate If you had not stopped in Dublin, you would have arrived home the evening of May 14. Filelate You do not meet any of the exceptions that would allow you to consider your travel entirely for business. Filelate May 4 through May 14 (11 days) are business days and May 15 through May 21 (7 days) are nonbusiness days. Filelate You can deduct the cost of your meals (subject to the 50% limit), lodging, and other business-related travel expenses while in Paris. Filelate You cannot deduct your expenses while in Dublin. Filelate You also cannot deduct 7/18 of what it would have cost you to travel round-trip between New York and Dublin. Filelate You paid $750 to fly from New York to Paris, $400 to fly from Paris to Dublin, and $700 to fly from Dublin back to New York. Filelate Round-trip airfare from New York to Dublin would have been $1,250. Filelate You figure the deductible part of your air travel expenses by subtracting 7/18 of the round-trip fare and other expenses you would have had in traveling directly between New York and Dublin ($1,250 × 7/18 = $486) from your total expenses in traveling from New York to Paris to Dublin and back to New York ($750 + $400 + $700 = $1,850). Filelate Your deductible air travel expense is $1,364 ($1,850 − $486). Filelate Nonbusiness activity at, near, or beyond business destination. Filelate   If you had a vacation or other nonbusiness activity at, near, or beyond your business destination, you must allocate part of your travel expenses to the nonbusiness activity. Filelate   The part you must allocate is the amount it would have cost you to travel between the point where travel outside the United States begins and your business destination and a return to the point where travel outside the United States ends. Filelate   You determine the nonbusiness portion of that expense by multiplying it by a fraction. Filelate The numerator (top number) of the fraction is the number of nonbusiness days during your travel outside the United States and the denominator (bottom number) is the total number of days you spend outside the United States. Filelate   None of your travel expenses for nonbusiness activities at, near, or beyond your business destination are deductible. Filelate Example. Filelate Assume that the dates are the same as in the previous example but that instead of going to Dublin for your vacation, you fly to Venice, Italy, for a vacation. Filelate You cannot deduct any part of the cost of your trip from Paris to Venice and return to Paris. Filelate In addition, you cannot deduct 7/18 of the airfare and other expenses from New York to Paris and back to New York. Filelate You can deduct 11/18 of the round-trip plane fare and other travel expenses from New York to Paris, plus your meals (subject to the 50% limit), lodging, and any other business expenses you had in Paris. Filelate (Assume these expenses total $4,939. Filelate ) If the round-trip plane fare and other travel-related expenses (such as food during the trip) are $1,750, you can deduct travel costs of $1,069 (11/18 × $1,750), plus the full $4,939 for the expenses you had in Paris. Filelate Other methods. Filelate   You can use another method of counting business days if you establish that it more clearly reflects the time spent on other than business activities outside the United States. Filelate Travel Primarily for Personal Reasons If you travel outside the United States primarily for vacation or for investment purposes, the entire cost of the trip is a nondeductible personal expense. Filelate However, if you spend some time attending brief professional seminars or a continuing education program, you can deduct your registration fees and other expenses you have that are directly related to your business. Filelate Example. Filelate The university from which you graduated has a continuing education program for members of its alumni association. Filelate This program consists of trips to various foreign countries where academic exercises and conferences are set up to acquaint individuals in most occupations with selected facilities in several regions of the world. Filelate However, none of the conferences are directed toward specific occupations or professions. Filelate It is up to each participant to seek out specialists and organizational settings appropriate to his or her occupational interests. Filelate Three-hour sessions are held each day over a 5-day period at each of the selected overseas facilities where participants can meet with individual practitioners. Filelate These sessions are composed of a variety of activities including workshops, mini-lectures, role playing, skill development, and exercises. Filelate Professional conference directors schedule and conduct the sessions. Filelate Participants can choose those sessions they wish to attend. Filelate You can participate in this program since you are a member of the alumni association. Filelate You and your family take one of the trips. Filelate You spend about 2 hours at each of the planned sessions. Filelate The rest of the time you go touring and sightseeing with your family. Filelate The trip lasts less than 1 week. Filelate Your travel expenses for the trip are not deductible since the trip was primarily a vacation. Filelate However, registration fees and any other incidental expenses you have for the five planned sessions you attended that are directly related and beneficial to your business are deductible business expenses. Filelate These expenses should be specifically stated in your records to ensure proper allocation of your deductible business expenses. Filelate Luxury Water Travel If you travel by ocean liner, cruise ship, or other form of luxury water transportation for business purposes, there is a daily limit on the amount you can deduct. Filelate The limit is twice the highest federal per diem rate allowable at the time of your travel. Filelate (Generally, the federal per diem is the amount paid to federal government employees for daily living expenses when they travel away from home, but in the United States, for business purposes. Filelate ) Daily limit on luxury water travel. Filelate   The highest federal per diem rate allowed and the daily limit for luxury water travel in 2013 is shown in the following table. Filelate   2013 Dates Highest Federal Per Diem Daily Limit on Luxury Water Travel   Jan. Filelate 1 – Mar. Filelate 31 $367 $734   Apr. Filelate 1 – June 30 312 624   July 1 – Aug. Filelate 31 310 620   Sept. Filelate 1 – Sept. Filelate 30 366 732   Oct. Filelate 1 – Dec. Filelate 31 374 748 Example. Filelate Caroline, a travel agent, traveled by ocean liner from New York to London, England, on business in May. Filelate Her expense for the 6-day cruise was $5,200. Filelate Caroline's deduction for the cruise cannot exceed $3,744 (6 days × $624 daily limit). Filelate Meals and entertainment. Filelate   If your expenses for luxury water travel include separately stated amounts for meals or entertainment, those amounts are subject to the 50% limit on meals and entertainment before you apply the daily limit. Filelate For a discussion of the 50% Limit , see chapter 2. Filelate Example. Filelate In the previous example, Caroline's luxury water travel had a total cost of $5,200. Filelate Of that amount, $3,700 was separately stated as meals and entertainment. Filelate Caroline, who is self-employed, is not reimbursed for any of her travel expenses. Filelate Caroline figures her deductible travel expenses as follows. Filelate Meals and entertainment $3,700   50% limit × . Filelate 50   Allowable meals &     entertainment $1,850   Other travel expenses + 1,800   Allowable cost before the daily limit $3,650 Daily limit for May 2013 $624   Times number of days × 6   Maximum luxury water travel     deduction $3,744 Amount of allowable deduction $3,650 Caroline's deduction for her cruise is limited to $3,650, even though the limit on luxury water travel is slightly higher. Filelate Not separately stated. Filelate   If your meal or entertainment charges are not separately stated or are not clearly identifiable, you do not have to allocate any portion of the total charge to meals or entertainment. Filelate Exceptions The daily limit on luxury water travel (discussed earlier) does not apply to expenses you have to attend a convention, seminar, or meeting on board a cruise ship. Filelate See Cruise Ships under Conventions. Filelate Conventions You can deduct your travel expenses when you attend a convention if you can show that your attendance benefits your trade or business. Filelate You cannot deduct the travel expenses for your family. Filelate If the convention is for investment, political, social, or other purposes unrelated to your trade or business, you cannot deduct the expenses. Filelate Your appointment or election as a delegate does not, in itself, determine whether you can deduct travel expenses. Filelate You can deduct your travel expenses only if your attendance is connected to your own trade or business. Filelate Convention agenda. Filelate   The convention agenda or program generally shows the purpose of the convention. Filelate You can show your attendance at the convention benefits your trade or business by comparing the agenda with the official duties and responsibilities of your position. Filelate The agenda does not have to deal specifically with your official duties and responsibilities; it will be enough if the agenda is so related to your position that it shows your attendance was for business purposes. Filelate Conventions Held Outside the North American Area You cannot deduct expenses for attending a convention, seminar, or similar meeting held outside the North American area unless: The meeting is directly related to your trade or business, and It is reasonable to hold the meeting outside the North American area. Filelate See Reasonableness test , later. Filelate If the meeting meets these requirements, you also must satisfy the rules for deducting expenses for business trips in general, discussed earlier under Travel Outside the United States . Filelate North American area. Filelate   The North American area includes the following locations. Filelate American Samoa Johnston Island Antigua and Barbuda Kingman Reef Aruba Marshall Islands Bahamas Mexico Baker Island Micronesia Barbados Midway Islands Bermuda Netherlands Antilles Canada Northern Mariana Costa Rica Islands Dominica Palau Dominican Republic Palmyra Atoll Grenada Panama Guam Puerto Rico Guyana Trinidad and Tobago Honduras USA Howland Island U. Filelate S. Filelate Virgin Islands Jamaica Wake Island Jarvis Island   The North American area also includes U. Filelate S. Filelate islands, cays, and reefs that are possessions of the United States and not part of the fifty states or the District of Columbia. Filelate Reasonableness test. Filelate   The following factors are taken into account to determine if it was reasonable to hold the meeting outside the North American area. Filelate The purpose of the meeting and the activities taking place at the meeting. Filelate The purposes and activities of the sponsoring organizations or groups. Filelate The homes of the active members of the sponsoring organizations and the places at which other meetings of the sponsoring organizations or groups have been or will be held. Filelate Other relevant factors you may present. Filelate Cruise Ships You can deduct up to $2,000 per year of your expenses of attending conventions, seminars, or similar meetings held on cruise ships. Filelate All ships that sail are considered cruise ships. Filelate You can deduct these expenses only if all of the following requirements are met. Filelate The convention, seminar, or meeting is directly related to your trade or business. Filelate The cruise ship is a vessel registered in the United States. Filelate All of the cruise ship's ports of call are in the United States or in possessions of the United States. Filelate You attach to your return a written statement signed by you that includes information about: The total days of the trip (not including the days of transportation to and from the cruise ship port), The number of hours each day that you devoted to scheduled business activities, and A program of the scheduled business activities of the meeting. Filelate You attach to your return a written statement signed by an officer of the organization or group sponsoring the meeting that includes: A schedule of the business activities of each day of the meeting, and The number of hours you attended the scheduled business activities. Filelate Prev  Up  Next   Home   More Online Publications
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Filelate Publication 535 - Introductory Material Table of Contents IntroductionOrdering forms and publications. Filelate Tax questions. Filelate Future Developments What's New for 2013 What's New for 2014 Reminders Introduction This publication discusses common business expenses and explains what is and is not deductible. Filelate The general rules for deducting business expenses are discussed in the opening chapter. Filelate The chapters that follow cover specific expenses and list other publications and forms you may need. Filelate Comments and suggestions. Filelate   We welcome your comments about this publication and your suggestions for future editions. Filelate   You can send your comments to: Internal Revenue Service Tax Forms and Publications SE:W:CAR:MP:TFP 1111 Constitution Ave. Filelate NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Filelate Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Filelate   You can send us comments from www. Filelate irs. Filelate gov/formspubs/. Filelate Click on “More Information” and then on “Give us feedback. Filelate ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax publications. Filelate Ordering forms and publications. Filelate   Visit www. Filelate irs. Filelate 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. Filelate Internal Revenue Service 1201 N. Filelate Mitsubishi Motorway Bloomington, IL 61705-6613 We cannot answer tax questions sent to either the “Comments and suggestions” or “Ordering forms and publications” address. Filelate Tax questions. Filelate   If you have a tax-related question, please go to Help With Tax Questions on IRS. Filelate gov. Filelate If you've looked around our site and still didn't find the answer to your general tax question, please call our toll-free tax assistance line at 1-800-829-1040 for individual tax questions or 1-800-829-4933 for business tax questions. Filelate Future Developments For the latest information about developments related to Publication 535, such as legislation enacted after it was published, go to www. Filelate irs. Filelate gov/pub535. Filelate What's New for 2013 The following items highlight some changes in the tax law for 2013. Filelate Optional safe harbor method to determine the business use of a home deduction. Filelate  Beginning in 2013, you can use the optional safe harbor method to determine the deduction for the business use of your home. Filelate For more information, see chapter 1. Filelate Standard mileage rate. Filelate  Beginning in 2013, the standard mileage rate for the cost of operating your car, van, pickup, or panel truck for each mile of business use is 56. Filelate 5 cents per mile. Filelate For more information, see chapter 11. Filelate Additional Medicare Tax. Filelate  Beginning in 2013, a 0. Filelate 9% Additional Medicare Tax applies to Medicare wages, railroad retirement (RRTA) compensation, and self-employment income that are more than: $125,000 if married filing separately, $250,000 if married filing jointly, or $200,000 if single, head of household, or qualifying widow(er) with dependent child. Filelate Medicare wages and self-employment income are combined to determine if your income exceeds the threshold. Filelate RRTA compensation should be separately compared to the threshold. Filelate For more information, see chapter 5 or visit www. Filelate irs. Filelate gov and enter the following words in the search box: Additional Medicare Tax. Filelate Retiree drug subsidy. Filelate  Beginning in 2013, sponsors of certain qualified retiree prescription drug plans must account for the subsidy received by reducing the amount of qualified retiree prescription drug plans expense by the subsidy received (taking into account the taxpayer's accounting method). Filelate For more information, visit www. Filelate irs. Filelate gov and enter the following words in the search box: Retiree drug subsidy. Filelate What's New for 2014 The following item highlights a change in the tax law for 2014. Filelate Standard mileage rate. Filelate  Beginning in 2014, the standard mileage rate for the cost of operating your car, van, pickup, or panel truck for each mile of business use is 56 cents per mile. Filelate Film and television productions costs. Filelate  The election to expense film and television production costs does not apply to productions that begin in 2014. Filelate For more information, see chapter 7. Filelate Reminders The following reminders and other items may help you file your tax return. Filelate IRS e-file (Electronic Filing) You can file your tax returns electronically using an IRS e-file option. Filelate The benefits of IRS e-file include faster refunds, increased accuracy, and acknowledgment of IRS receipt of your return. Filelate You can use one of the following IRS e-file options. Filelate Use an authorized IRS e-file provider. Filelate Use a personal computer. Filelate Visit a Volunteer Income Tax Assistance (VITA) or Tax Counseling for the Elderly (TCE) site. Filelate For details on these fast filing methods, see your income tax package. Filelate Form 1099 MISC. Filelate  File Form 1099-MISC, Miscellaneous Income, for each person to whom you have paid during the year in the course of your trade or business at least $600 in rents, services (including parts and materials), prizes and awards, other income payments, medical and health care payments, and crop insurance proceeds. Filelate See the Instructions for Form 1099-MISC for more information and additional reporting requirements. Filelate Photographs of missing children. Filelate  The Internal Revenue Service is a proud partner with the National Center for Missing & Exploited Children. Filelate Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Filelate You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) (24-hours a day, 7 days a week) if you recognize a child. Filelate Prev  Up  Next   Home   More Online Publications