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State Income Tax Forms 2013

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State Income Tax Forms 2013

State income tax forms 2013 26. State income tax forms 2013   Car Expenses and Other Employee Business Expenses Table of Contents What's New Introduction Useful Items - You may want to see: Travel ExpensesTraveling Away From Home Tax Home Temporary Assignment or Job What Travel Expenses Are Deductible? Travel in the United States Travel Outside the United States Conventions Entertainment Expenses50% Limit What Entertainment Expenses Are Deductible? What Entertainment Expenses Are Not Deductible? Gift Expenses Transportation ExpensesArmed Forces reservists. State income tax forms 2013 Parking fees. State income tax forms 2013 Advertising display on car. State income tax forms 2013 Car pools. State income tax forms 2013 Hauling tools or instruments. State income tax forms 2013 Union members' trips from a union hall. State income tax forms 2013 Car Expenses RecordkeepingHow To Prove Expenses How Long To Keep Records and Receipts How To ReportGifts. State income tax forms 2013 Statutory employees. State income tax forms 2013 Reimbursements Completing Forms 2106 and 2106-EZ Special Rules What's New Standard mileage rate. State income tax forms 2013  For 2013, the standard mileage rate for the cost of operating your car for business use is 56½ cents per mile. State income tax forms 2013 Car expenses and use of the standard mileage rate are explained under Transportation Expenses , later. State income tax forms 2013 Depreciation limits on cars, trucks, and vans. State income tax forms 2013  For 2013, the first-year limit on the total section 179 deduction, special depreciation allowance, and depreciation deduction for cars remains at $11,160 ($3,160 if you elect not to claim the special depreciation allowance). State income tax forms 2013 For trucks and vans the first-year limit remains at $11,360 ($3,360 if you elect not to claim the special depreciation allowance). State income tax forms 2013 For more information, see Depreciation limits in Publication 463. State income tax forms 2013 Introduction You may be able to deduct the ordinary and necessary business-related expenses you have for: Travel, Entertainment, Gifts, or Transportation. State income tax forms 2013 An ordinary expense is one that is common and accepted in your trade or business. State income tax forms 2013 A necessary expense is one that is helpful and appropriate for your business. State income tax forms 2013 An expense does not have to be required to be considered necessary. State income tax forms 2013 This chapter explains the following. State income tax forms 2013 What expenses are deductible. State income tax forms 2013 How to report your expenses on your return. State income tax forms 2013 What records you need to prove your expenses. State income tax forms 2013 How to treat any expense reimbursements you may receive. State income tax forms 2013 Who does not need to use this chapter. State income tax forms 2013   If you are an employee, you will not need to read this chapter if all of the following are true. State income tax forms 2013 You fully accounted to your employer for your work-related expenses. State income tax forms 2013 You received full reimbursement for your expenses. State income tax forms 2013 Your employer required you to return any excess reimbursement and you did so. State income tax forms 2013 There is no amount shown with a code “L” in box 12 of your Form W-2, Wage and Tax Statement. State income tax forms 2013 If you meet all of these conditions, there is no need to show the expenses or the reimbursements on your return. State income tax forms 2013 See Reimbursements , later, if you would like more information on reimbursements and accounting to your employer. State income tax forms 2013    If you meet these conditions and your employer included reimbursements on your Form W-2 in error, ask your employer for a corrected Form W-2. State income tax forms 2013 Useful Items - You may want to see: Publication 463 Travel, Entertainment, Gift, and Car Expenses 535 Business Expenses Form (and Instructions) Schedule A (Form 1040) Itemized Deductions Schedule C (Form 1040) Profit or Loss From Business Schedule C-EZ (Form 1040) Net Profit From Business Schedule F (Form 1040) Profit or Loss From Farming Form 2106 Employee Business Expenses Form 2106-EZ Unreimbursed Employee Business Expenses Travel Expenses If you temporarily travel away from your tax home, you can use this section to determine if you have deductible travel expenses. State income tax forms 2013 This section discusses: Traveling away from home, Tax home, Temporary assignment or job, and What travel expenses are deductible. State income tax forms 2013 It also discusses the standard meal allowance, rules for travel inside and outside the United States, and deductible convention expenses. State income tax forms 2013 Travel expenses defined. State income tax forms 2013   For tax purposes, travel expenses are the ordinary and necessary expenses (defined earlier) of traveling away from home for your business, profession, or job. State income tax forms 2013   You will find examples of deductible travel expenses in Table 26-1 . State income tax forms 2013 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. State income tax forms 2013 This rest requirement is not satisfied by merely napping in your car. State income tax forms 2013 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. State income tax forms 2013 Example 1. State income tax forms 2013 You are a railroad conductor. State income tax forms 2013 You leave your home terminal on a regularly scheduled round-trip run between two cities and return home 16 hours later. State income tax forms 2013 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. State income tax forms 2013 You are considered to be away from home. State income tax forms 2013 Example 2. State income tax forms 2013 You are a truck driver. State income tax forms 2013 You leave your terminal and return to it later the same day. State income tax forms 2013 You get an hour off at your turnaround point to eat. State income tax forms 2013 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. State income tax forms 2013 Members of the Armed Forces. State income tax forms 2013   If you are a member of the U. State income tax forms 2013 S. State income tax forms 2013 Armed Forces on a permanent duty assignment overseas, you are not traveling away from home. State income tax forms 2013 You cannot deduct your expenses for meals and lodging. State income tax forms 2013 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. State income tax forms 2013 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. State income tax forms 2013    A naval officer assigned to permanent duty aboard a ship that has regular eating and living facilities has a tax home aboard ship for travel expense purposes. State income tax forms 2013 Tax Home To determine whether you are traveling away from home, you must first determine the location of your tax home. State income tax forms 2013 Generally, your tax home is your regular place of business or post of duty, regardless of where you maintain your family home. State income tax forms 2013 It includes the entire city or general area in which your business or work is located. State income tax forms 2013 If you have more than one regular place of business, your tax home is your main place of business. State income tax forms 2013 See Main place of business or work , later. State income tax forms 2013 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. State income tax forms 2013 See No main place of business or work , later. State income tax forms 2013 If you do not have a regular or a 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. State income tax forms 2013 As an itinerant, you cannot claim a travel expense deduction because you are never considered to be traveling away from home. State income tax forms 2013 Main place of business or work. State income tax forms 2013   If you have more than one place of business or work, consider the following when determining which one is your main place of business or work. State income tax forms 2013 The total time you ordinarily spend in each place. State income tax forms 2013 The level of your business activity in each place. State income tax forms 2013 Whether your income from each place is significant or insignificant. State income tax forms 2013 Example. State income tax forms 2013 You live in Cincinnati where you have a seasonal job for 8 months each year and earn $40,000. State income tax forms 2013 You work the other 4 months in Miami, also at a seasonal job, and earn $15,000. State income tax forms 2013 Cincinnati is your main place of work because you spend most of your time there and earn most of your income there. State income tax forms 2013 No main place of business or work. State income tax forms 2013   You may have a tax home even if you do not have a regular or main place of business or work. State income tax forms 2013 Your tax home may be the home where you regularly live. State income tax forms 2013 Factors used to determine tax home. State income tax forms 2013   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. State income tax forms 2013 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. State income tax forms 2013 You have living expenses at your main home that you duplicate because your business requires you to be away from that home. State income tax forms 2013 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. State income tax forms 2013   If you satisfy all three factors, your tax home is the home where you regularly live. State income tax forms 2013 If you satisfy only two factors, you may have a tax home depending on all the facts and circumstances. State income tax forms 2013 If you satisfy only one factor, you are an itinerant; your tax home is wherever you work and you cannot deduct travel expenses. State income tax forms 2013 Example. State income tax forms 2013 You are single and live in Boston in an apartment you rent. State income tax forms 2013 You have worked for your employer in Boston for a number of years. State income tax forms 2013 Your employer enrolls you in a 12-month executive training program. State income tax forms 2013 You do not expect to return to work in Boston after you complete your training. State income tax forms 2013 During your training, you do not do any work in Boston. State income tax forms 2013 Instead, you receive classroom and on-the-job training throughout the United States. State income tax forms 2013 You keep your apartment in Boston and return to it frequently. State income tax forms 2013 You use your apartment to conduct your personal business. State income tax forms 2013 You also keep up your community contacts in Boston. State income tax forms 2013 When you complete your training, you are transferred to Los Angeles. State income tax forms 2013 You do not satisfy factor (1) because you did not work in Boston. State income tax forms 2013 You satisfy factor (2) because you had duplicate living expenses. State income tax forms 2013 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. State income tax forms 2013 Therefore, you have a tax home in Boston. State income tax forms 2013 Tax home different from family home. State income tax forms 2013   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. State income tax forms 2013 You also cannot deduct the cost of meals and lodging while at your tax home. State income tax forms 2013 See Example 1 . State income tax forms 2013   If you are working temporarily in the same city where you and your family live, you may be considered as traveling away from home. State income tax forms 2013 See Example 2 . State income tax forms 2013 Example 1. State income tax forms 2013 You are a truck driver and you and your family live in Tucson. State income tax forms 2013 You are employed by a trucking firm that has its terminal in Phoenix. State income tax forms 2013 At the end of your long runs, you return to your home terminal in Phoenix and spend one night there before returning home. State income tax forms 2013 You cannot deduct any expenses you have for meals and lodging in Phoenix or the cost of traveling from Phoenix to Tucson. State income tax forms 2013 This is because Phoenix is your tax home. State income tax forms 2013 Example 2. State income tax forms 2013 Your family home is in Pittsburgh, where you work 12 weeks a year. State income tax forms 2013 The rest of the year you work for the same employer in Baltimore. State income tax forms 2013 In Baltimore, you eat in restaurants and sleep in a rooming house. State income tax forms 2013 Your salary is the same whether you are in Pittsburgh or Baltimore. State income tax forms 2013 Because you spend most of your working time and earn most of your salary in Baltimore, that city is your tax home. State income tax forms 2013 You cannot deduct any expenses you have for meals and lodging there. State income tax forms 2013 However, when you return to work in Pittsburgh, you are away from your tax home even though you stay at your family home. State income tax forms 2013 You can deduct the cost of your round trip between Baltimore and Pittsburgh. State income tax forms 2013 You can also deduct your part of your family's living expenses for meals and lodging while you are living and working in Pittsburgh. State income tax forms 2013 Temporary Assignment or Job You may regularly work at your tax home and also work at another location. State income tax forms 2013 It may not be practical to return to your tax home from this other location at the end of each work day. State income tax forms 2013 Temporary assignment vs. State income tax forms 2013 indefinite assignment. State income tax forms 2013   If your assignment or job away from your main place of work is temporary, your tax home does not change. State income tax forms 2013 You are considered to be away from home for the whole period you are away from your main place of work. State income tax forms 2013 You can deduct your travel expenses if they otherwise qualify for deduction. State income tax forms 2013 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. State income tax forms 2013   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. State income tax forms 2013 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. State income tax forms 2013   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. State income tax forms 2013 You may be able to deduct the cost of relocating to your new tax home as a moving expense. State income tax forms 2013 See Publication 521 for more information. State income tax forms 2013 Exception for federal crime investigations or prosecutions. State income tax forms 2013   If you are a federal employee participating in a federal crime investigation or prosecution, you are not subject to the 1-year rule. State income tax forms 2013 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. State income tax forms 2013   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 or prosecute, or provide support services for the investigation or prosecution of a federal crime. State income tax forms 2013 Determining temporary or indefinite. State income tax forms 2013   You must determine whether your assignment is temporary or indefinite when you start work. State income tax forms 2013 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. State income tax forms 2013 An assignment or job that is initially temporary may become indefinite due to changed circumstances. State income tax forms 2013 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. State income tax forms 2013 Going home on days off. State income tax forms 2013   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. State income tax forms 2013 You cannot deduct the cost of your meals and lodging there. State income tax forms 2013 However, you can deduct your travel expenses, including meals and lodging, while traveling between your temporary place of work and your tax home. State income tax forms 2013 You can claim these expenses up to the amount it would have cost you to stay at your temporary place of work. State income tax forms 2013   If you keep your hotel room during your visit home, you can deduct the cost of your hotel room. State income tax forms 2013 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. State income tax forms 2013 Probationary work period. State income tax forms 2013   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. State income tax forms 2013 You cannot deduct any of your expenses for meals and lodging during the probationary period. State income tax forms 2013 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. State income tax forms 2013 You can deduct ordinary and necessary expenses you have when you travel away from home on business. State income tax forms 2013 The type of expense you can deduct depends on the facts and your circumstances. State income tax forms 2013 Table 26-1 summarizes travel expenses you may be able to deduct. State income tax forms 2013 You may have other deductible travel expenses that are not covered there, depending on the facts and your circumstances. State income tax forms 2013 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. State income tax forms 2013 You can use a log, diary, notebook, or any other written record to keep track of your expenses. State income tax forms 2013 The types of expenses you need to record, along with supporting documentation, are described in Table 26-2 , later. State income tax forms 2013 Separating costs. State income tax forms 2013   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. State income tax forms 2013 You must have a reasonable basis for making this allocation. State income tax forms 2013 For example, you must allocate your expenses if a hotel includes one or more meals in its room charge. State income tax forms 2013 Travel expenses for another individual. State income tax forms 2013   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. State income tax forms 2013 Employee. State income tax forms 2013   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. State income tax forms 2013 Business associate. State income tax forms 2013   If a business associate travels with you and meets the conditions in (2) and (3) above, you can deduct the travel expenses you have for that person. State income tax forms 2013 A business associate is someone with whom you could reasonably expect to engage or deal in the active conduct of your business. State income tax forms 2013 A business associate can be a current or prospective (likely to become) customer, client, supplier, employee, agent, partner, or professional advisor. State income tax forms 2013 Bona fide business purpose. State income tax forms 2013   A bona fide business purpose exists if you can prove a real business purpose for the individual's presence. State income tax forms 2013 Incidental services, such as typing notes or assisting in entertaining customers, are not enough to make the expenses deductible. State income tax forms 2013 Example. State income tax forms 2013 Jerry drives to Chicago on business and takes his wife, Linda, with him. State income tax forms 2013 Linda is not Jerry's employee. State income tax forms 2013 Linda occasionally types notes, performs similar services, and accompanies Jerry to luncheons and dinners. State income tax forms 2013 The performance of these services does not establish that her presence on the trip is necessary to the conduct of Jerry's business. State income tax forms 2013 Her expenses are not deductible. State income tax forms 2013 Jerry pays $199 a day for a double room. State income tax forms 2013 A single room costs $149 a day. State income tax forms 2013 He can deduct the total cost of driving his car to and from Chicago, but only $149 a day for his hotel room. State income tax forms 2013 If he uses public transportation, he can deduct only his fare. State income tax forms 2013 Table 26-1. State income tax forms 2013 Travel Expenses You Can Deduct This chart summarizes expenses you can deduct when you travel away from home for business purposes. State income tax forms 2013 IF you have expenses for. State income tax forms 2013 . State income tax forms 2013 . State income tax forms 2013 THEN you can deduct the cost of. State income tax forms 2013 . State income tax forms 2013 . State income tax forms 2013 transportation travel by airplane, train, bus, or car between your home and your business destination. State income tax forms 2013 If you were provided with a ticket or you are riding free as a result of a frequent traveler or similar program, your cost is zero. State income tax forms 2013 If you travel by ship, see Luxury Water Travel and Cruise ships (under Conventions) in Publication 463 for additional rules and limits. State income tax forms 2013 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. State income tax forms 2013 baggage and shipping sending baggage and sample or display material between your regular and temporary work locations. State income tax forms 2013 car operating and maintaining your car when traveling away from home on business. State income tax forms 2013 You can deduct actual expenses or the standard mileage rate as well as business-related tolls and parking. State income tax forms 2013 If you rent a car while away from home on business, you can deduct only the business-use portion of the expenses. State income tax forms 2013 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. State income tax forms 2013 Meals include amounts spent for food, beverages, taxes, and related tips. State income tax forms 2013 See Meals and Incidental Expenses for additional rules and limits. State income tax forms 2013 cleaning dry cleaning and laundry. State income tax forms 2013 telephone business calls while on your business trip. State income tax forms 2013 This includes business communication by fax machine or other communication devices. State income tax forms 2013 tips tips you pay for any expenses in this chart. State income tax forms 2013 other other similar ordinary and necessary expenses related to your business travel. State income tax forms 2013 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. State income tax forms 2013 Meals and Incidental Expenses You can deduct the cost of meals in either of the following situations. State income tax forms 2013 It is necessary for you to stop for substantial sleep or rest to properly perform your duties while traveling away from home on business. State income tax forms 2013 The meal is business-related entertainment. State income tax forms 2013 Business-related entertainment is discussed under Entertainment Expenses , later. State income tax forms 2013 The following discussion deals only with meals (and incidental expenses) that are not business-related entertainment. State income tax forms 2013 Lavish or extravagant. State income tax forms 2013   You cannot deduct expenses for meals that are lavish or extravagant. State income tax forms 2013 An expense is not considered lavish or extravagant if it is reasonable based on the facts and circumstances. State income tax forms 2013 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. State income tax forms 2013 50% limit on meals. State income tax forms 2013   You can figure your meal expenses using either of the following methods. State income tax forms 2013 Actual cost. State income tax forms 2013 The standard meal allowance. State income tax forms 2013 Both of these methods are explained below. State income tax forms 2013 But, regardless of the method you use, you generally can deduct only 50% of the unreimbursed cost of your meals. State income tax forms 2013   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. State income tax forms 2013 If you are not reimbursed, the 50% limit applies whether the unreimbursed meal expense is for business travel or business entertainment. State income tax forms 2013 The 50% limit is explained later under Entertainment Expenses . State income tax forms 2013 Accountable and nonaccountable plans are discussed later under Reimbursements . State income tax forms 2013 Actual cost. State income tax forms 2013   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. State income tax forms 2013 If you use this method, you must keep records of your actual cost. State income tax forms 2013 Standard meal allowance. State income tax forms 2013   Generally, you can use the “standard meal allowance” method as an alternative to the actual cost method. State income tax forms 2013 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. State income tax forms 2013 The set amount varies depending on where and when you travel. State income tax forms 2013 In this chapter, “standard meal allowance” refers to the federal rate for M&IE, discussed later under Amount of standard meal allowance . State income tax forms 2013 If you use the standard meal allowance, you still must keep records to prove the time, place, and business purpose of your travel. State income tax forms 2013 See Recordkeeping , later. State income tax forms 2013 Incidental expenses. State income tax forms 2013   The term “incidental expenses” means fees and tips given to porters, baggage carriers, hotel staff, and staff on ships. State income tax forms 2013 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. State income tax forms 2013 Incidental expenses only method. State income tax forms 2013   You can use an optional method (instead of actual cost) for deducting incidental expenses only. State income tax forms 2013 The amount of the deduction is $5 a day. State income tax forms 2013 You can use this method only if you did not pay or incur any meal expenses. State income tax forms 2013 You cannot use this method on any day that you use the standard meal allowance. State income tax forms 2013    Federal employees should refer to the Federal Travel Regulations at  www. State income tax forms 2013 gsa. State income tax forms 2013 gov. State income tax forms 2013 Find “What GSA Offers” and click on “Regulations: FMR, FTR, & FAR” for Federal Travel Regulation (FTR) for changes affecting claims for reimbursement. State income tax forms 2013 50% limit may apply. State income tax forms 2013   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. State income tax forms 2013 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. State income tax forms 2013 The 50% limit is explained later under Entertainment Expenses . State income tax forms 2013 Accountable and nonaccountable plans are discussed later under Reimbursements . State income tax forms 2013 There is no optional standard lodging amount similar to the standard meal allowance. State income tax forms 2013 Your allowable lodging expense deduction is your actual cost. State income tax forms 2013 Who can use the standard meal allowance. State income tax forms 2013   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. State income tax forms 2013   Use of the standard meal allowance for other travel. State income tax forms 2013    You can use the standard meal allowance to figure your meal expenses when you travel in connection with investment and other income-producing property. State income tax forms 2013 You can also use it to figure your meal expenses when you travel for qualifying educational purposes. State income tax forms 2013 You cannot use the standard meal allowance to figure the cost of your meals when you travel for medical or charitable purposes. State income tax forms 2013 Amount of standard meal allowance. State income tax forms 2013   The standard meal allowance is the federal M&IE rate. State income tax forms 2013 For travel in 2013, the daily rate for most small localities in the United States is $46. State income tax forms 2013   Most major cities and many other localities in the United States are designated as high-cost areas, qualifying for higher standard meal allowances. State income tax forms 2013 You can find this information (organized by state) on the Internet at www. State income tax forms 2013 gsa. State income tax forms 2013 gov. State income tax forms 2013 Click on “Per Diem Rates,” then select “2013” for the period January 1, 2013 – September 30, 2013, and select “2014” for the period October 1, 2013 – December 31, 2013. State income tax forms 2013 However, you can apply the rates in effect before October 1, 2013, for expenses of all travel within the United States for 2013 instead of the updated rates. State income tax forms 2013 You must consistently use either the rates for the first 9 months for all of 2013 or the updated rates for the period of October 1, 2013, through December 31, 2013. State income tax forms 2013   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. State income tax forms 2013 If you work in the transportation industry, however, see Special rate for transportation workers , later. State income tax forms 2013 Standard meal allowance for areas outside the continental United States. State income tax forms 2013    The standard meal allowance rates above do not apply to travel in Alaska, Hawaii, or any other location outside the continental United States. State income tax forms 2013 The Department of Defense establishes per diem rates for Alaska, Hawaii, Puerto Rico, American Samoa, Guam, Midway, the Northern Mariana Islands, the U. State income tax forms 2013 S. State income tax forms 2013 Virgin Islands, Wake Island, and other non-foreign areas outside the continental United States. State income tax forms 2013 The Department of State establishes per diem rates for all other foreign areas. State income tax forms 2013    You can access per diem rates for non-foreign areas outside the continental United States at: www. State income tax forms 2013 defensetravel. State income tax forms 2013 dod. State income tax forms 2013 mil/site/perdiemCalc. State income tax forms 2013 cfm. State income tax forms 2013 You can access all other foreign per diem rates at www. State income tax forms 2013 state. State income tax forms 2013 gov/travel/. State income tax forms 2013 Click on “Travel Per Diem Allowances for Foreign Areas” under “Foreign Per Diem Rates,” to obtain the latest foreign per diem rates. State income tax forms 2013 Special rate for transportation workers. State income tax forms 2013   You can use a special standard meal allowance if you work in the transportation industry. State income tax forms 2013 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. State income tax forms 2013 If this applies to you, you can claim a standard daily meal allowance of $59 ($65 for travel outside the continental United States). State income tax forms 2013   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. State income tax forms 2013 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. State income tax forms 2013 Travel for days you depart and return. State income tax forms 2013   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). State income tax forms 2013 You can do so by one of two methods. State income tax forms 2013 Method 1: You can claim 3/4 of the standard meal allowance. State income tax forms 2013 Method 2: You can prorate using any method that you consistently apply and that is in accordance with reasonable business practice. State income tax forms 2013 Example. State income tax forms 2013 Jen is employed in New Orleans as a convention planner. State income tax forms 2013 In March, her employer sent her on a 3-day trip to Washington, DC, to attend a planning seminar. State income tax forms 2013 She left her home in New Orleans at 10 a. State income tax forms 2013 m. State income tax forms 2013 on Wednesday and arrived in Washington, DC, at 5:30 p. State income tax forms 2013 m. State income tax forms 2013 After spending two nights there, she flew back to New Orleans on Friday and arrived back home at 8:00 p. State income tax forms 2013 m. State income tax forms 2013 Jen's employer gave her a flat amount to cover her expenses and included it with her wages. State income tax forms 2013 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. State income tax forms 2013 Under Method 2, Jen could also use any method that she applies consistently and that is in accordance with reasonable business practice. State income tax forms 2013 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. State income tax forms 2013 Travel in the United States The following discussion applies to travel in the United States. State income tax forms 2013 For this purpose, the United States includes only the 50 states and the District of Columbia. State income tax forms 2013 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. State income tax forms 2013 See Part of Trip Outside the United States , later. State income tax forms 2013 Trip Primarily for Business You can deduct all your travel expenses if your trip was entirely business related. State income tax forms 2013 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 your business-related travel expenses. State income tax forms 2013 These expenses include the travel costs of getting to and from your business destination and any business-related expenses at your business destination. State income tax forms 2013 Example. State income tax forms 2013 You work in Atlanta and take a business trip to New Orleans in May. State income tax forms 2013 On your way home, you stop in Mobile to visit your parents. State income tax forms 2013 You spend $1,996 for the 9 days you are away from home for travel, meals, lodging, and other travel expenses. State income tax forms 2013 If you had not stopped in Mobile, you would have been gone only 6 days, and your total cost would have been $1,696. State income tax forms 2013 You can deduct $1,696 for your trip, including the cost of round-trip transportation to and from New Orleans. State income tax forms 2013 The deduction for your meals is subject to the 50% limit on meals mentioned earlier. State income tax forms 2013 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. State income tax forms 2013 However, you can deduct any expenses you have while at your destination that are directly related to your business. State income tax forms 2013 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. State income tax forms 2013 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. State income tax forms 2013 Part of Trip Outside the United States If part of your trip is outside the United States, use the rules described later under Travel Outside the United States for that part of the trip. State income tax forms 2013 For the part of your trip that is inside the United States, use the rules for travel in the United States. State income tax forms 2013 Travel outside the United States does not include travel from one point in the United States to another point in the United States. State income tax forms 2013 The following discussion can help you determine whether your trip was entirely within the United States. State income tax forms 2013 Public transportation. State income tax forms 2013   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. State income tax forms 2013 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 . State income tax forms 2013 Example. State income tax forms 2013 You fly from New York to Puerto Rico with a scheduled stop in Miami. State income tax forms 2013 You return to New York nonstop. State income tax forms 2013 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. State income tax forms 2013 Because there are no scheduled stops between Puerto Rico and New York, all of the return trip is outside the United States. State income tax forms 2013 Private car. State income tax forms 2013   Travel by private car in the United States is travel between points in the United States, even when you are on your way to a destination outside the United States. State income tax forms 2013 Example. State income tax forms 2013 You travel by car from Denver to Mexico City and return. State income tax forms 2013 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. State income tax forms 2013 The rules under Travel Outside the United States apply to your trip from the border to Mexico City and back to the border. State income tax forms 2013 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. State income tax forms 2013 For this purpose, the United States includes only the 50 states and the District of Columbia. State income tax forms 2013 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. State income tax forms 2013 See chapter 1 of Publication 463 for information on luxury water travel. State income tax forms 2013 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. State income tax forms 2013 Travel entirely for business. State income tax forms 2013   If you travel outside the United States and you spend the entire time on business activities, you can deduct all of your travel expenses. State income tax forms 2013 Travel considered entirely for business. State income tax forms 2013   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. State income tax forms 2013 Exception 1 - No substantial control. State income tax forms 2013   Your trip is considered entirely for business if you did not have substantial control over arranging the trip. State income tax forms 2013 The fact that you control the timing of your trip does not, by itself, mean that you have substantial control over arranging your trip. State income tax forms 2013   You do not have substantial control over your trip if you: Are an employee who was reimbursed or paid a travel expense allowance, Are not related to your employer, and Are not a managing executive. State income tax forms 2013    “Related to your employer” is defined later in this chapter under Per Diem and Car Allowances . State income tax forms 2013   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. State income tax forms 2013    A self-employed person generally has substantial control over arranging business trips. State income tax forms 2013 Exception 2 - Outside United States no more than a week. State income tax forms 2013   Your trip is considered entirely for business if you were outside the United States for a week or less, combining business and nonbusiness activities. State income tax forms 2013 One week means 7 consecutive days. State income tax forms 2013 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. State income tax forms 2013 Exception 3 - Less than 25% of time on personal activities. State income tax forms 2013   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. State income tax forms 2013 For this purpose, count both the day your trip began and the day it ended. State income tax forms 2013 Exception 4 - Vacation not a major consideration. State income tax forms 2013   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. State income tax forms 2013 Travel Primarily for Business If you travel outside the United States primarily for business but spend some of your time on nonbusiness activities, you generally cannot deduct all of your travel expenses. State income tax forms 2013 You can only deduct the business portion of your cost of getting to and from your destination. State income tax forms 2013 You must allocate the costs between your business and nonbusiness activities to determine your deductible amount. State income tax forms 2013 These travel allocation rules are discussed in chapter 1 of Publication 463. State income tax forms 2013 You do not have to allocate your travel expense deduction if you meet one of the four exceptions listed earlier under Travel considered entirely for business. State income tax forms 2013 In those cases, you can deduct the total cost of getting to and from your destination. State income tax forms 2013 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. State income tax forms 2013 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. State income tax forms 2013 Conventions You can deduct your travel expenses when you attend a convention if you can show that your attendance benefits your trade or business. State income tax forms 2013 You cannot deduct the travel expenses for your family. State income tax forms 2013 If the convention is for investment, political, social, or other purposes unrelated to your trade or business, you cannot deduct the expenses. State income tax forms 2013 Your appointment or election as a delegate does not, in itself, determine whether you can deduct travel expenses. State income tax forms 2013 You can deduct your travel expenses only if your attendance is connected to your own trade or business. State income tax forms 2013 Convention agenda. State income tax forms 2013   The convention agenda or program generally shows the purpose of the convention. State income tax forms 2013 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. State income tax forms 2013 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. State income tax forms 2013 Conventions held outside the North American area. State income tax forms 2013    See chapter 1 of Publication 463 for information on conventions held outside the North American area. State income tax forms 2013 Entertainment Expenses You may be able to deduct business-related entertainment expenses you have for entertaining a client, customer, or employee. State income tax forms 2013 You can deduct entertainment expenses only if they are both ordinary and necessary (defined earlier in the Introduction ) and meet one of the following tests. State income tax forms 2013 Directly-related test. State income tax forms 2013 Associated test. State income tax forms 2013 Both of these tests are explained in chapter 2 of Publication 463. State income tax forms 2013 The amount you can deduct for entertainment expenses may be limited. State income tax forms 2013 Generally, you can deduct only 50% of your unreimbursed entertainment expenses. State income tax forms 2013 This limit is discussed next. State income tax forms 2013 50% Limit In general, you can deduct only 50% of your business-related meal and entertainment expenses. State income tax forms 2013 (If you are subject to the Department of Transportation's “hours of service” limits, you can deduct 80% of your business-related meal and entertainment expenses. State income tax forms 2013 See Individuals subject to “hours of service” limits , later. State income tax forms 2013 ) The 50% limit applies to employees or their employers, and to self-employed persons (including independent contractors) or their clients, depending on whether the expenses are reimbursed. State income tax forms 2013 Figure 26-A summarizes the general rules explained in this section. State income tax forms 2013 The 50% limit applies to business meals or entertainment expenses you have while: Traveling away from home (whether eating alone or with others) on business, Entertaining customers at your place of business, a restaurant, or other location, or Attending a business convention or reception, business meeting, or business luncheon at a club. State income tax forms 2013 Included expenses. State income tax forms 2013   Expenses subject to the 50% limit include: Taxes and tips relating to a business meal or entertainment activity, Cover charges for admission to a nightclub, Rent paid for a room in which you hold a dinner or cocktail party, and Amounts paid for parking at a sports arena. State income tax forms 2013 However, the cost of transportation to and from a business meal or a business-related entertainment activity is not subject to the 50% limit. State income tax forms 2013 Application of 50% limit. State income tax forms 2013   The 50% limit on meal and entertainment expenses applies if the expense is otherwise deductible and is not covered by one of the exceptions discussed later in this section. State income tax forms 2013   The 50% limit also applies to certain meal and entertainment expenses that are not business related. State income tax forms 2013 It applies to meal and entertainment expenses incurred for the production of income, including rental or royalty income. State income tax forms 2013 It also applies to the cost of meals included in deductible educational expenses. State income tax forms 2013 When to apply the 50% limit. State income tax forms 2013   You apply the 50% limit after determining the amount that would otherwise qualify for a deduction. State income tax forms 2013 You first have to determine the amount of meal and entertainment expenses that would be deductible under the other rules discussed in this chapter. State income tax forms 2013 Example 1. State income tax forms 2013 You spend $200 for a business-related meal. State income tax forms 2013 If $110 of that amount is not allowable because it is lavish and extravagant, the remaining $90 is subject to the 50% limit. State income tax forms 2013 Your deduction cannot be more than $45 (. State income tax forms 2013 50 × $90). State income tax forms 2013 Example 2. State income tax forms 2013 You purchase two tickets to a concert and give them to a client. State income tax forms 2013 You purchased the tickets through a ticket agent. State income tax forms 2013 You paid $200 for the two tickets, which had a face value of $80 each ($160 total). State income tax forms 2013 Your deduction cannot be more than $80 (. State income tax forms 2013 50 × $160). State income tax forms 2013 Exceptions to the 50% Limit Generally, business-related meal and entertainment expenses are subject to the 50% limit. State income tax forms 2013 Figure 26-A can help you determine if the 50% limit applies to you. State income tax forms 2013 Your meal or entertainment expense is not subject to the 50% limit if the expense meets one of the following exceptions. State income tax forms 2013 Employee's reimbursed expenses. State income tax forms 2013   If you are an employee, you are not subject to the 50% limit on expenses for which your employer reimburses you under an accountable plan. State income tax forms 2013 Accountable plans are discussed later under Reimbursements . State income tax forms 2013 Individuals subject to “hours of service” limits. State income tax forms 2013   You can deduct a higher percentage of your meal expenses while traveling away from your tax home if the meals take place during or incident to any period subject to the Department of Transportation's “hours of service” limits. State income tax forms 2013 The percentage is 80%. State income tax forms 2013   Individuals subject to the Department of Transportation's “hours of service” limits include the following persons. State income tax forms 2013 Certain air transportation workers (such as pilots, crew, dispatchers, mechanics, and control tower operators) who are under Federal Aviation Administration regulations. State income tax forms 2013 Interstate truck operators and bus drivers who are under Department of Transportation regulations. State income tax forms 2013 Certain railroad employees (such as engineers, conductors, train crews, dispatchers, and control operations personnel) who are under Federal Railroad Administration regulations. State income tax forms 2013 Certain merchant mariners who are under Coast Guard regulations. State income tax forms 2013 Other exceptions. State income tax forms 2013   There are also exceptions for the self-employed, advertising expenses, selling meals or entertainment, and charitable sports events. State income tax forms 2013 These are discussed in Publication 463. State income tax forms 2013 Figure 26-A. State income tax forms 2013 Does the 50% Limit Apply to Your Expenses? There are exceptions to these rules. State income tax forms 2013 See Exceptions to the 50% Limit . State income tax forms 2013 Please click here for the text description of the image. State income tax forms 2013 Entertainment expenses: 50% limit What Entertainment Expenses Are Deductible? This section explains different types of entertainment expenses you may be able to deduct. State income tax forms 2013 Entertainment. State income tax forms 2013    Entertainment includes any activity generally considered to provide entertainment, amusement, or recreation. State income tax forms 2013 Examples include entertaining guests at nightclubs; at social, athletic, and sporting clubs; at theaters; at sporting events; or on hunting, fishing, vacation, and similar trips. State income tax forms 2013 A meal as a form of entertainment. State income tax forms 2013   Entertainment includes the cost of a meal you provide to a customer or client, whether the meal is a part of other entertainment or by itself. State income tax forms 2013 A meal expense includes the cost of food, beverages, taxes, and tips for the meal. State income tax forms 2013 To deduct an entertainment-related meal, you or your employee must be present when the food or beverages are provided. State income tax forms 2013 You cannot claim the cost of your meal both as an entertainment expense and as a travel expense. State income tax forms 2013 Separating costs. State income tax forms 2013   If you have one expense that includes the costs of entertainment and other services (such as lodging or transportation), you must allocate that expense between the cost of entertainment and the cost of other services. State income tax forms 2013 You must have a reasonable basis for making this allocation. State income tax forms 2013 For example, you must allocate your expenses if a hotel includes entertainment in its lounge on the same bill with your room charge. State income tax forms 2013 Taking turns paying for meals or entertainment. State income tax forms 2013   If a group of business acquaintances take turns picking up each others' meal or entertainment checks without regard to whether any business purposes are served, no member of the group can deduct any part of the expense. State income tax forms 2013 Lavish or extravagant expenses. State income tax forms 2013   You cannot deduct expenses for entertainment that are lavish or extravagant. State income tax forms 2013 An expense is not considered lavish or extravagant if it is reasonable considering the facts and circumstances. State income tax forms 2013 Expenses will not be disallowed just because they are more than a fixed dollar amount or take place at deluxe restaurants, hotels, nightclubs, or resorts. State income tax forms 2013 Trade association meetings. State income tax forms 2013    You can deduct entertainment expenses that are directly related to, and necessary for, attending business meetings or conventions of certain exempt organizations if the expenses of your attendance are related to your active trade or business. State income tax forms 2013 These organizations include business leagues, chambers of commerce, real estate boards, trade associations, and professional associations. State income tax forms 2013 Entertainment tickets. State income tax forms 2013   Generally, you cannot deduct more than the face value of an entertainment ticket, even if you paid a higher price. State income tax forms 2013 For example, you cannot deduct service fees you pay to ticket agencies or brokers or any amount over the face value of the tickets you pay to scalpers. State income tax forms 2013 What Entertainment Expenses Are Not Deductible? This section explains different types of entertainment expenses you generally may not be able to deduct. State income tax forms 2013 Club dues and membership fees. State income tax forms 2013   You cannot deduct dues (including initiation fees) for membership in any club organized for: Business, Pleasure, Recreation, or Other social purpose. State income tax forms 2013 This rule applies to any membership organization if one of its principal purposes is either: To conduct entertainment activities for members or their guests, or To provide members or their guests with access to entertainment facilities. State income tax forms 2013   The purposes and activities of a club, not its name, will determine whether or not you can deduct the dues. State income tax forms 2013 You cannot deduct dues paid to: Country clubs, Golf and athletic clubs, Airline clubs, Hotel clubs, and Clubs operated to provide meals under circumstances generally considered to be conducive to business discussions. State income tax forms 2013 Entertainment facilities. State income tax forms 2013   Generally, you cannot deduct any expense for the use of an entertainment facility. State income tax forms 2013 This includes expenses for depreciation and operating costs such as rent, utilities, maintenance, and protection. State income tax forms 2013   An entertainment facility is any property you own, rent, or use for entertainment. State income tax forms 2013 Examples include a yacht, hunting lodge, fishing camp, swimming pool, tennis court, bowling alley, car, airplane, apartment, hotel suite, or home in a vacation resort. State income tax forms 2013 Out-of-pocket expenses. State income tax forms 2013   You can deduct out-of-pocket expenses, such as for food and beverages, catering, gas, and fishing bait, that you provided during entertainment at a facility. State income tax forms 2013 These are not expenses for the use of an entertainment facility. State income tax forms 2013 However, these expenses are subject to the directly-related and associated tests and to the 50% Limit discussed earlier. State income tax forms 2013 Additional information. State income tax forms 2013   For more information on entertainment expenses, including discussions of the directly-related and associated tests, see chapter 2 of Publication 463. State income tax forms 2013 Gift Expenses If you give gifts in the course of your trade or business, you can deduct all or part of the cost. State income tax forms 2013 This section explains the limits and rules for deducting the costs of gifts. State income tax forms 2013 $25 limit. State income tax forms 2013   You can deduct no more than $25 for business gifts you give directly or indirectly to each person during your tax year. State income tax forms 2013 A gift to a company that is intended for the eventual personal use or benefit of a particular person or a limited class of people will be considered an indirect gift to that particular person or to the individuals within that class of people who receive the gift. State income tax forms 2013   If you give a gift to a member of a customer's family, the gift is generally considered to be an indirect gift to the customer. State income tax forms 2013 This rule does not apply if you have a bona fide, independent business connection with that family member and the gift is not intended for the customer's eventual use or benefit. State income tax forms 2013   If you and your spouse both give gifts, both of you are treated as one taxpayer. State income tax forms 2013 It does not matter whether you have separate businesses, are separately employed, or whether each of you has an independent connection with the recipient. State income tax forms 2013 If a partnership gives gifts, the partnership and the partners are treated as one taxpayer. State income tax forms 2013 Incidental costs. State income tax forms 2013   Incidental costs, such as engraving on jewelry, or packaging, insuring, and mailing, are generally not included in determining the cost of a gift for purposes of the $25 limit. State income tax forms 2013   A cost is incidental only if it does not add substantial value to the gift. State income tax forms 2013 For example, the cost of customary gift wrapping is an incidental cost. State income tax forms 2013 However, the purchase of an ornamental basket for packaging fruit is not an incidental cost if the value of the basket is substantial compared to the value of the fruit. State income tax forms 2013 Exceptions. State income tax forms 2013   The following items are not considered gifts for purposes of the $25 limit. State income tax forms 2013 An item that costs $4 or less and: Has your name clearly and permanently imprinted on the gift, and Is one of a number of identical items you widely distribute. State income tax forms 2013 Examples include pens, desk sets, and plastic bags and cases. State income tax forms 2013 Signs, display racks, or other promotional material to be used on the business premises of the recipient. State income tax forms 2013 Gift or entertainment. State income tax forms 2013   Any item that might be considered either a gift or entertainment generally will be considered entertainment. State income tax forms 2013 However, if you give a customer packaged food or beverages you intend the customer to use at a later date, treat it as a gift. State income tax forms 2013    If you give a customer tickets to a theater performance or sporting event and you do not go with the customer to the performance or event, you have a choice. State income tax forms 2013 You can treat the cost of the tickets as either a gift expense or an entertainment expense, whichever is to your advantage. State income tax forms 2013    If you go with the customer to the event, you must treat the cost of the tickets as an entertainment expense. State income tax forms 2013 You cannot choose, in this case, to treat the cost of the tickets as a gift expense. State income tax forms 2013 Transportation Expenses This section discusses expenses you can deduct for business transportation when you are not traveling away from home as defined earlier under Travel Expenses . State income tax forms 2013 These expenses include the cost of transportation by air, rail, bus, taxi, etc. State income tax forms 2013 , and the cost of driving and maintaining your car. State income tax forms 2013 Transportation expenses include the ordinary and necessary costs of all of the following. State income tax forms 2013 Getting from one workplace to another in the course of your business or profession when you are traveling within the area of your tax home. State income tax forms 2013 (Tax home is defined earlier under Travel Expenses . State income tax forms 2013 ) Visiting clients or customers. State income tax forms 2013 Going to a business meeting away from your regular workplace. State income tax forms 2013 Getting from your home to a temporary workplace when you have one or more regular places of work. State income tax forms 2013 These temporary workplaces can be either within the area of your tax home or outside that area. State income tax forms 2013 Transportation expenses do not include expenses you have while traveling away from home overnight. State income tax forms 2013 Those expenses are travel expenses, discussed earlier. State income tax forms 2013 However, if you use your car while traveling away from home overnight, use the rules in this section to figure your car expense deduction. State income tax forms 2013 See Car Expenses , later. State income tax forms 2013 Illustration of transportation expenses. State income tax forms 2013    Figure 26-B illustrates the rules for when you can deduct transportation expenses when you have a regular or main job away from your home. State income tax forms 2013 You may want to refer to it when deciding whether you can deduct your transportation expenses. State income tax forms 2013 Daily transportation expenses you incur while traveling from home to one or more regular places of business are generally nondeductible commuting expenses. State income tax forms 2013 However, there are many exceptions for deducting transportation expenses, like whether your work location is temporary (inside or outside the metropolitan area), traveling for same trade or business, or if you have a home office. State income tax forms 2013 Temporary work location. State income tax forms 2013   If you have one or more regular work locations away from your home and you commute to a temporary work location in the same trade or business, you can deduct the expenses of the daily round-trip transportation between your home and the temporary location, regardless of distance. State income tax forms 2013   If your employment at a work location is realistically expected to last (and does in fact last) for 1 year or less, the employment is temporary unless there are facts and circumstances that would indicate otherwise. State income tax forms 2013   If your employment at a work location is realistically expected to last for more than 1 year or if there is no realistic expectation that the employment will last for 1 year or less, the employment is not temporary, regardless of whether it actually lasts for more than 1 year. State income tax forms 2013   If employment at a work location initially is realistically expected to last for 1 year or less, but at some later date the employment is realistically expected to last more than 1 year, that employment will be treated as temporary (unless there are facts and circumstances that would indicate otherwise) until your expectation changes. State income tax forms 2013 It will not be treated as temporary after the date you determine it will last more than 1 year. State income tax forms 2013   If the temporary work location is beyond the general area of your regular place of work and you stay overnight, you are traveling away from home. State income tax forms 2013 You may have deductible travel expenses as discussed earlier in this chapter. State income tax forms 2013 No regular place of work. State income tax forms 2013   If you have no regular place of work but ordinarily work in the metropolitan area where you live, you can deduct daily transportation costs between home and a temporary work site outside that metropolitan area. State income tax forms 2013   Generally, a metropolitan area includes the area within the city limits and the suburbs that are considered part of that metropolitan area. State income tax forms 2013   You cannot deduct daily transportation costs between your home and temporary work sites within your metropolitan area. State income tax forms 2013 These are nondeductible commuting expenses. State income tax forms 2013 Two places of work. State income tax forms 2013   If you work at two places in one day, whether or not for the same employer, you can deduct the expense of getting from one workplace to the other. State income tax forms 2013 However, if for some personal reason you do not go directly from one location to the other, you cannot deduct more than the amount it would have cost you to go directly from the first location to the second. State income tax forms 2013   Transportation expenses you have in going between home and a part-time job on a day off from your main job are commuting expenses. State income tax forms 2013 You cannot deduct them. State income tax forms 2013 Armed Forces reservists. State income tax forms 2013   A meeting of an Armed Forces reserve unit is a second place of business if the meeting is held on a day on which you work at your regular job. State income tax forms 2013 You can deduct the expense of getting from one workplace to the other as just discussed under Two places of work , earlier. State income tax forms 2013   You usually cannot deduct the expense if the reserve meeting is held on a day on which you do not work at your regular job. State income tax forms 2013 In this case, your transportation generally is a nondeductible commuting expense. State income tax forms 2013 However, you can deduct your transportation expenses if the location of the meeting is temporary and you have one or more regular places of work. State income tax forms 2013   If you ordinarily work in a particular metropolitan area but not at any specific location and the reserve meeting is held at a temporary location outside that metropolitan area, you can deduct your transportation expenses. State income tax forms 2013   If you travel away from home overnight to attend a guard or reserve meeting, you can deduct your travel expenses. State income tax forms 2013 These expenses are discussed earlier under Travel Expenses . State income tax forms 2013   If you travel more than 100 miles away from home in connection with your performance of services as a member of the reserves, you may be able to deduct some of your reserve-related travel costs as an adjustment to income rather than as an itemized deduction. State income tax forms 2013 See Armed Forces reservists traveling more than 100 miles from home under Special Rules, later. State income tax forms 2013 Commuting expenses. State income tax forms 2013   You cannot deduct the costs of taking a bus, trolley, subway, or taxi, or of driving a car between your home and your main or regular place of work. State income tax forms 2013 These costs are personal commuting expenses. State income tax forms 2013 You cannot deduct commuting expenses no matter how far your home is from your regular place of work. State income tax forms 2013 You cannot deduct commuting expenses even if you work during the commuting trip. State income tax forms 2013 Example. State income tax forms 2013 You sometimes use your cell phone to make business calls while commuting to and from work. State income tax forms 2013 Sometimes business associates ride with you to and from work, and you have a business discussion in the car. State income tax forms 2013 These activities do not change the trip from personal to business. State income tax forms 2013 You cannot deduct your commuting expenses. State income tax forms 2013 Parking fees. State income tax forms 2013   Fees you pay to park your car at your place of business are nondeductible commuting expenses. State income tax forms 2013 You can, however, deduct business-related parking fees when visiting a customer or client. State income tax forms 2013 Advertising display on car. State income tax forms 2013   Putting display material that advertises your business on your car does not change the use of your car from personal use to business use. State income tax forms 2013 If you use this car for commuting or other personal uses, you still cannot deduct your expenses for those uses. State income tax forms 2013 Car pools. State income tax forms 2013   You cannot deduct the cost of using your car in a nonprofit car pool. State income tax forms 2013 Do not include payments you receive from the passengers in your income. State income tax forms 2013 These payments are considered reimbursements of your expenses. State income tax forms 2013 However, if you operate a car pool for a profit, you must include payments from passengers in your income. State income tax forms 2013 You can then deduct your car expenses (using the rules in this chapter). State income tax forms 2013 Hauling tools or instruments. State income tax forms 2013   Hauling tools or instruments in your car while commuting to and from work does not make your car expenses deductible. State income tax forms 2013 However, you can deduct any additional costs you have for hauling tools or instruments (such as for renting a trailer you tow with your car). State income tax forms 2013 Union members' trips from a union hall. State income tax forms 2013   If you get your work assignments at a union hall and then go to your place of work, the costs of getting from the union hall to your place of work are nondeductible commuting expenses. State income tax forms 2013 Although you need the union to get your work assignments, you are employed where you work, not where the union hall is located. State income tax forms 2013 Office in the home. State income tax forms 2013   If you have an office in your home that qualifies as a principal place of business, you can deduct your daily transportation costs between your home and another work location in the same trade or business. State income tax forms 2013 (See chapter 28 for information on determining if your home office qualifies as a principal place of business. State income tax forms 2013 ) Figure 26-B. State income tax forms 2013 When Are Transportation Expenses Deductible? Most employees and self-employed persons can use this chart. State income tax forms 2013 (Do not use this chart if your home is your principal place of business. State income tax forms 2013 See Office in the home . State income tax forms 2013 ) Please click here for the text description of the image. State income tax forms 2013 Figure 26-B. State income tax forms 2013 Local Transportation Examples of deductible transportation. State income tax forms 2013   The following examples show when you can deduct transportation expenses based on the location of your work and your home. State income tax forms 2013 Example 1. State income tax forms 2013 You regularly work in an office in the city where you live. State income tax forms 2013 Your employer sends you to a 1-week training session at a different office in the same city. State income tax forms 2013 You travel directly from your home to the training location and return each day. State income tax forms 2013 You can deduct the cost of your daily round-trip transportation between your home and the training location. State income tax forms 2013 Example 2. State income tax forms 2013 Your principal place of business is in your home. State income tax forms 2013 You can deduct the cost of round-trip transportation between your qualifying home office and your client's or customer's place of business. State income tax forms 2013 Example 3. State income tax forms 2013 You have no regular office, and you do not have an office in your home. State income tax forms 2013 In this case, the location of your first business contact inside the metropolitan area is considered your office. State income tax forms 2013 Transportation expenses between your home and this first contact are nondeductible commuting expenses. State income tax forms 2013 Transportation expenses between your last business contact and your home are also nondeductible commuting expenses. State income tax forms 2013 While you cannot deduct the costs of these first and last trips, you can deduct the costs of going from one client or customer to another. State income tax forms 2013 With no regular or home office, the costs of travel between two or more business contacts in a metropolitan area are deductible while the costs of travel between the home to (and from) business contacts are not deductible. State income tax forms 2013 Car Expenses If you use your car for business purposes, you may be able to deduct car expenses. State income tax forms 2013 You generally can use one of the two following methods to figure your deductible expenses. State income tax forms 2013 Standard mileage rate. State income tax forms 2013 Actual car expenses. State income tax forms 2013 If you use actual car expenses to figure your deduction for a car you lease, there are rules that affect the amount of your lease payments you can deduct. State income tax forms 2013 See Leasing a car under Actual Car Expenses, later. State income tax forms 2013 In this chapter, “car” includes a van, pickup, or panel truck. State income tax forms 2013 Rural mail carriers. State income tax forms 2013   If you are a rural mail carrier, you may be able to treat the amount of qualified reimbursement you received as the amount of your allowable expense. State income tax forms 2013 Because the qualified reimbursement is treated as paid under an accountable plan, your employer should not include the amount of reimbursement in your income. State income tax forms 2013   If your vehicle expenses are more than the amount of your reimbursement, you can deduct the unreimbursed expenses as an itemized deduction on Schedule A (Form 1040). State income tax forms 2013 You must complete Form 2106 and attach it to your Form 1040. State income tax forms 2013   A “qualified reimbursement” is the reimbursement you receive that meets both of the following conditions. State income tax forms 2013 It is given as an equipment maintenance allowance (EMA) to employees of the U. State income tax forms 2013 S. State income tax forms 2013 Postal Service. State income tax forms 2013 It is at the rate contained in the 1991 collective bargaining agreement. State income tax forms 2013 Any later agreement cannot increase the qualified reimbursement amount by more than the rate of inflation. State income tax forms 2013 See your employer for information on your reimbursement. State income tax forms 2013 If you are a rural mail carrier and received a qualified reimbursement, you cannot use the standard mileage rate. State income tax forms 2013 Standard Mileage Rate You may be able to use the standard mileage rate to figure the deductible costs of operating your car for business purposes. State income tax forms 2013 For 2013, the standard mileage rate for business use is 56½ cents per mile. State income tax forms 2013 If you use the standard mileage rate for a year, you cannot deduct your actual car expenses for that year, but see Parking fees and tolls, later. State income tax forms 2013 You generally can use the standard mileage rate whether or not you are reimbursed and whether or not any reimbursement is more or less than the amount figured using the standard mileage rate. State income tax forms 2013 See Reimbursements under How To Report, later. State income tax forms 2013 Choosing the standard mileage rate. State income tax forms 2013   If you want to use the standard mileage rate for a car you own, you must choose to use it in the first year the car is available for use in your business. State income tax forms 2013 Then in later years, you can choose to use either the standard mileage rate or actual expenses. State income tax forms 2013   If you want to use the standard mileage rate for a car you lease, you must use it for the entire lease period. State income tax forms 2013   You must make the choice to use the standard mileage rate by the due date (including extensions) of your return. State income tax forms 2013 You cannot revoke the choice. State income tax forms 2013 However, in a later year, you can switch from the standard mileage rate to the actual expenses method. State income tax forms 2013 If you change to the actual expenses method in a later year, but before your car is fully depreciated, you have to estimate the remaining useful life of the car and use straight line depreciation. State income tax forms 2013 Example. State income tax forms 2013 Larry is an employee who occasionally uses his own car for business purposes. State income tax forms 2013 He purchased the car in 2011, but he did not claim any unreimburse
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The State Income Tax Forms 2013

State income tax forms 2013 4. State income tax forms 2013   Communications and Air Transportation Taxes Table of Contents Uncollected Tax Report Communications TaxLocal-only service. State income tax forms 2013 Private communication service. State income tax forms 2013 Exemptions Credits or Refunds Air Transportation TaxesTransportation of Persons by Air International Air Travel Facilities Transportation of Property by Air Special Rules on Transportation Taxes Excise taxes are imposed on amounts paid for certain facilities and services. State income tax forms 2013 If you receive any payment on which tax is imposed, you are required to collect the tax, file returns, and pay the tax over to the government. State income tax forms 2013 If you fail to collect and pay over the taxes, you may be liable for the trust fund recovery penalty. State income tax forms 2013 See chapter 14, later. State income tax forms 2013 Uncollected Tax Report A separate report is required to be filed by collecting agents of communications services and air transportation taxes if the person from whom the facilities or services tax (the tax) is required to be collected (the taxpayer) refuses to pay the tax, or it is impossible for the collecting agent to collect the tax. State income tax forms 2013 The report must contain the name and address of the taxpayer, the type of facility provided or service rendered, the amount paid for the facility or service (the amount on which the tax is based), and the date paid. State income tax forms 2013 Regular method taxpayers. State income tax forms 2013   For regular method taxpayers, the report must be filed by the due date of the Form 720 on which the tax would have been reported. State income tax forms 2013 Alternative method taxpayers. State income tax forms 2013   For alternative method taxpayers, the report must be filed by the due date of the Form 720 that includes an adjustment to the separate account for the uncollected tax. State income tax forms 2013 See Alternative method in  chapter 11. State income tax forms 2013 Where to file. State income tax forms 2013    Do not file the uncollected tax report with Form 720. State income tax forms 2013 Instead, mail the report to: Internal Revenue Service Excise Tax Program SE:S:SP:EX MS C9-109 5000 Ellin Rd. State income tax forms 2013  Lanham, MD 20706 Communications Tax A 3% tax is imposed on amounts paid for local telephone service and teletypewriter exchange service. State income tax forms 2013 Local telephone service. State income tax forms 2013   This includes access to a local telephone system and the privilege of telephonic quality communication with most people who are part of the system. State income tax forms 2013 Local telephone service also includes any facility or services provided in connection with this service. State income tax forms 2013 The tax applies to lease payments for certain customer premises equipment (CPE) even though the lessor does not also provide access to a local telecommunications system. State income tax forms 2013 Local-only service. State income tax forms 2013   Local-only service is local telephone service as described above, provided under a plan that does not include long distance telephone service or that separately states the charge for local service on the bill to customers. State income tax forms 2013 Local-only service also includes any facility or services provided in connection with this service, even though these services and facilities may also be used with long-distance service. State income tax forms 2013 Private communication service. State income tax forms 2013   Private communication service is not local telephone service. State income tax forms 2013 Private communication service includes accessory-type services provided in connection with a Centrex, PBX, or other similar system for dual use accessory equipment. State income tax forms 2013 However, the charge for the service must be stated separately from the charge for the basic system, and the accessory must function, in whole or in part, in connection with intercommunication among the subscriber's stations. State income tax forms 2013 Teletypewriter exchange service. State income tax forms 2013   This includes access from a teletypewriter or other data station to a teletypewriter exchange system and the privilege of intercommunication by that station with most persons having teletypewriter or other data stations in the same exchange system. State income tax forms 2013 Figuring the tax. State income tax forms 2013   The tax is based on the sum of all charges for local telephone service included in the bill. State income tax forms 2013 However, if the bill groups individual items for billing and tax purposes, the tax is based on the sum of the individual items within that group. State income tax forms 2013 The tax on the remaining items not included in any group is based on the charge for each item separately. State income tax forms 2013 Do not include in the tax base state or local sales or use taxes that are separately stated on the taxpayer's bill. State income tax forms 2013 Exemptions Payments for certain services or payments from certain users are exempt from the communications tax. State income tax forms 2013 Nontaxable service. State income tax forms 2013   Nontaxable service means bundled service and long distance service. State income tax forms 2013 Nontaxable service also includes pre-paid telephone cards and pre-paid cellular service. State income tax forms 2013 Bundled service. State income tax forms 2013   Bundled service is local and long distance service provided under a plan that does not separately state the charge for the local telephone service. State income tax forms 2013 Bundled service includes plans that provide both local and long distance service for either a flat monthly fee or a charge that varies with the elapsed transmission time for which the service is used. State income tax forms 2013 Telecommunications companies provide bundled service for both landlines and wireless (cellular) service. State income tax forms 2013 If Voice over Internet Protocol service provides both local and long distance service and the charges are not separately stated, such service is bundled service. State income tax forms 2013   The method for sending or receiving a call, such as on a landline telephone, wireless (cellular), or some other method, does not affect whether a service is local-only or bundled. State income tax forms 2013 Long distance service. State income tax forms 2013   Long distance service is telephonic quality communication with persons whose telephones are outside the local telephone system of the caller. State income tax forms 2013 Pre-paid telephone cards (PTC). State income tax forms 2013   A PTC will be treated as bundled service unless a PTC expressly states it is for local-only service. State income tax forms 2013 Generally, the person responsible for collecting the tax is the carrier who transfers the PTC to the transferee. State income tax forms 2013 The transferee is the first person that is not a carrier to whom a PTC is transferred by the carrier. State income tax forms 2013 The transferee is the person liable for the tax and is eligible to request a credit or refund. State income tax forms 2013 For more information, see Regulations section 49. State income tax forms 2013 4251-4. State income tax forms 2013   The holder is the person that purchases a PTC to use and not to resell. State income tax forms 2013 Holders are not liable for the tax and cannot request a credit or refund. State income tax forms 2013 Pre-paid cellular telephones. State income tax forms 2013   Rules similar to the PTC rules described above apply to pre-paid cellular telephones. State income tax forms 2013 The transferee is the person eligible to request the credit or refund. State income tax forms 2013 Installation charges. State income tax forms 2013   The tax does not apply to payments received for the installation of any instrument, wire, pole, switchboard, apparatus, or equipment. State income tax forms 2013 However, the tax does apply to payments for the repair or replacement of those items incidental to ordinary maintenance. State income tax forms 2013 Answering services. State income tax forms 2013   The tax does not apply to amounts paid for a private line, an answering service, and a one-way paging or message service if they do not provide access to a local telephone system and the privilege of telephonic communication as part of the local telephone system. State income tax forms 2013 Mobile radio telephone service. State income tax forms 2013   The tax does not apply to payments for a two-way radio service that does not provide access to a local telephone system. State income tax forms 2013 Coin-operated telephones. State income tax forms 2013   The tax for local telephone service does not apply to payments made for services by inserting coins in public coin-operated telephones. State income tax forms 2013 But the tax applies if the coin-operated telephone service is furnished for a guaranteed amount. State income tax forms 2013 Figure the tax on the amount paid under the guarantee plus any fixed monthly or other periodic charge. State income tax forms 2013 Telephone-operated security systems. State income tax forms 2013   The tax does not apply to amounts paid for telephones used only to originate calls to a limited number of telephone stations for security entry into a building. State income tax forms 2013 In addition, the tax does not apply to any amounts paid for rented communication equipment used in the security system. State income tax forms 2013 News services. State income tax forms 2013   The tax on teletypewriter exchange service does not apply to charges for the following news services. State income tax forms 2013 Services dealing exclusively with the collection or dissemination of news for or through the public press or radio or television broadcasting. State income tax forms 2013 Services used exclusively in the collection or dissemination of news by a news ticker service furnishing a general news service similar to that of the public press. State income tax forms 2013 This exemption applies to payments received for messages from one member of the news media to another member (or to or from their bona fide correspondents). State income tax forms 2013 For the exemption to apply, the charge for these services must be billed in writing to the person paying for the service and that person must certify in writing that the services are used for an exempt purpose. State income tax forms 2013 Services not exempted. State income tax forms 2013   The tax applies to amounts paid by members of the news media for local telephone service. State income tax forms 2013 International organizations and the American Red Cross. State income tax forms 2013   The tax does not apply to communication services furnished to an international organization or to the American National Red Cross. State income tax forms 2013 Nonprofit hospitals. State income tax forms 2013   The tax does not apply to telephone services furnished to income tax-exempt nonprofit hospitals for their use. State income tax forms 2013 Also, the tax does not apply to amounts paid by these hospitals to provide local telephone service in the homes of their personnel who must be reached during their off-duty hours. State income tax forms 2013 Nonprofit educational organizations. State income tax forms 2013   The tax does not apply to payments received for services and facilities furnished to a nonprofit educational organization for its use. State income tax forms 2013 A nonprofit educational organization is one that satisfies all the following requirements. State income tax forms 2013 It normally maintains a regular faculty and curriculum. State income tax forms 2013 It normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on. State income tax forms 2013 It is exempt from income tax under section 501(a). State income tax forms 2013 This includes a school operated by an organization exempt under section 501(c)(3) if the school meets the above qualifications. State income tax forms 2013 Qualified blood collector organizations. State income tax forms 2013   The tax does not apply to telephone services furnished to qualified blood collector organizations for their use. State income tax forms 2013 A qualified blood collector organization is one that is: Described in section 501(c)(3) and exempt from tax under section 501(a), Primarily engaged in the activity of collecting human blood, Registered with the IRS, and Registered by the Food and Drug Administration to collect blood. State income tax forms 2013 Federal, state, and local government. State income tax forms 2013   The tax does not apply to communication services provided to the government of the United States, the government of any state or its political subdivisions, the District of Columbia, or the United Nations. State income tax forms 2013 Treat an Indian tribal government as a state for the exemption from the communications tax only if the services involve the exercise of an essential tribal government function. State income tax forms 2013 Exemption certificate. State income tax forms 2013   Any form of exemption certificate will be acceptable if it includes all the information required by the Internal Revenue Code and Regulations. State income tax forms 2013 See Regulations section 49. State income tax forms 2013 4253-11. State income tax forms 2013 File the certificate with the provider of the communication services. State income tax forms 2013 An exemption certificate is not required for nontaxable services. State income tax forms 2013   The following users that are exempt from the communications tax do not have to file an annual exemption certificate after they have filed the initial certificate to claim an exemption from the communications tax. State income tax forms 2013 The American National Red Cross and other international organizations. State income tax forms 2013 Nonprofit hospitals. State income tax forms 2013 Nonprofit educational organizations. State income tax forms 2013 Qualified blood collector organizations. State income tax forms 2013 State and local governments. State income tax forms 2013   The federal government does not have to file any exemption certificate. State income tax forms 2013   All other organizations must furnish exemption certificates when required. State income tax forms 2013 Credits or Refunds If tax is collected and paid over for nontaxable services, or for certain services or users exempt from the communications tax, the collector or taxpayer may claim a credit or refund if it has repaid the tax to the person from whom the tax was collected or obtained the consent of that person to the allowance of the credit or refund. State income tax forms 2013 Alternatively, the person who paid the tax may claim a refund. State income tax forms 2013 For more information on how to file for credits or refunds, see the Instructions for Form 720 or Form 8849. State income tax forms 2013 Collectors. State income tax forms 2013   The collector may request a credit or refund if it has repaid the tax to the person from whom the tax was collected, or obtained the consent of that person to the allowance of the credit or refund. State income tax forms 2013 These requirements also apply to nontaxable service refunds. State income tax forms 2013 Collectors using the regular method for deposits. State income tax forms 2013   Collectors using the regular method for deposits must use Form 720X to request a credit or refund if the collector has repaid the tax to the person from whom the tax was collected, or obtained the consent of that person to the allowance of the credit or refund. State income tax forms 2013 Collectors using the alternative method for deposits. State income tax forms 2013   Collectors using the alternative method for deposits must adjust their separate accounts for the credit or refund if it has repaid the tax to the person from whom the tax was collected, or obtained the consent of that person to the allowance of the credit or refund. State income tax forms 2013 For more information, see the Instructions for Form 720. State income tax forms 2013 Air Transportation Taxes Taxes are imposed on amounts paid for: Transportation of persons by air, Use of international air travel facilities, and Transportation of property by air. State income tax forms 2013 Transportation of Persons by Air The tax on transportation of persons by air is made up of the: Percentage tax, and Domestic-segment tax. State income tax forms 2013 Percentage tax. State income tax forms 2013   A tax of 7. State income tax forms 2013 5% applies to amounts paid for taxable transportation of persons by air. State income tax forms 2013 Amounts paid for transportation include charges for layover or waiting time and movement of aircraft in deadhead service. State income tax forms 2013 Mileage awards. State income tax forms 2013   The percentage tax may apply to an amount paid (in cash or in kind) to an air carrier (or any related person) for the right to provide mileage awards for, or other reductions in the cost of, any transportation of persons by air. State income tax forms 2013 For example, this applies to mileage awards purchased by credit card companies, telephone companies, restaurants, hotels, and other businesses. State income tax forms 2013   Generally, the percentage tax does not apply to amounts paid for mileage awards where the mileage awards cannot, under any circumstances, be redeemed for air transportation that is subject to the tax. State income tax forms 2013 Until regulations are issued, the following rules apply to mileage awards. State income tax forms 2013 Amounts paid for mileage awards that cannot be redeemed for taxable transportation beginning and ending in the United States are not subject to the tax. State income tax forms 2013 For this rule, mileage awards issued by a foreign air carrier are considered to be usable only on that foreign air carrier and thus not redeemable for taxable transportation beginning and ending in the United States. State income tax forms 2013 Therefore, amounts paid to a foreign air carrier for mileage awards are not subject to the tax. State income tax forms 2013 Amounts paid by an air carrier to a domestic air carrier for mileage awards that can be redeemed for taxable transportation are not subject to the tax to the extent those miles will be awarded in connection with the purchase of taxable transportation. State income tax forms 2013 Amounts paid by an air carrier to a domestic air carrier for mileage awards that can be redeemed for taxable transportation are subject to the tax to the extent those miles will not be awarded in connection with the purchase of taxable transportation. State income tax forms 2013 Domestic-segment tax. State income tax forms 2013   The domestic-segment tax is a flat dollar amount for each segment of taxable transportation for which an amount is paid. State income tax forms 2013 However, see Rural airports, later. State income tax forms 2013 A segment is a single takeoff and a single landing. State income tax forms 2013 The amount of the domestic-segment tax is in the Instructions for Form 720. State income tax forms 2013 Charter flights. State income tax forms 2013    If an aircraft is chartered, the domestic-segment tax for each segment of taxable transportation is figured by multiplying the tax by the number of passengers transported on the aircraft. State income tax forms 2013 Rural airports. State income tax forms 2013   The domestic-segment tax does not apply to a segment to or from a rural airport. State income tax forms 2013 An airport is a rural airport for a calendar year if fewer than 100,000 commercial passengers departed from the airport by air during the second preceding calendar year (the 100,000 passenger rule), and one of the following is true: The airport is not located within 75 miles of another airport from which 100,000 or more commercial passengers departed during the second preceding calendar year, The airport was receiving essential air service subsidies as of August 5, 1997, or The airport is not connected by paved roads to another airport. State income tax forms 2013   To apply the 100,000 passenger rule to any airport described in (3) above, only count commercial passengers departing from the airport by air on flight segments of at least 100 miles. State income tax forms 2013   An updated list of rural airports can be found on the Department of Transportation website at www. State income tax forms 2013 dot. State income tax forms 2013 gov and enter the phrase “Essential Air Service” in the search box. State income tax forms 2013 Taxable transportation. State income tax forms 2013   Taxable transportation is transportation by air that meets either of the following tests. State income tax forms 2013 It begins and ends either in the United States or at any place in Canada or Mexico not more than 225 miles from the nearest point on the continental United States boundary (this is the 225-mile zone). State income tax forms 2013 It is directly or indirectly from one port or station in the United States to another port or station in the United States, but only if it is not a part of uninterrupted international air transportation, discussed later. State income tax forms 2013 Round trip. State income tax forms 2013   A round trip is considered two separate trips. State income tax forms 2013 The first trip is from the point of departure to the destination. State income tax forms 2013 The second trip is the return trip from that destination. State income tax forms 2013 Uninterrupted international air transportation. State income tax forms 2013   This means transportation entirely by air that does not begin and end in the United States or in the 225-mile zone if there is not more than a 12-hour scheduled interval between arrival and departure at any station in the United States. State income tax forms 2013 For a special rule that applies to military personnel, see Exemptions, later. State income tax forms 2013 Transportation between the continental U. State income tax forms 2013 S. State income tax forms 2013 and Alaska or Hawaii. State income tax forms 2013   This transportation is partially exempt from the tax on transportation of persons by air. State income tax forms 2013 The tax does not apply to the part of the trip between the point at which the route of transportation leaves or enters the continental United States (or a port or station in the 225-mile zone) and the point at which it enters or leaves Hawaii or Alaska. State income tax forms 2013 Leaving or entering occurs when the route of the transportation passes over either the United States border or a point 3 nautical miles (3. State income tax forms 2013 45 statute miles) from low tide on the coast line, or when it leaves a port or station in the 225-mile zone. State income tax forms 2013 Therefore, this transportation is subject to the percentage tax on the part of the trip in U. State income tax forms 2013 S. State income tax forms 2013 airspace, the domestic-segment tax for each domestic segment, and the tax on the use of international air travel facilities, discussed later. State income tax forms 2013 Transportation within Alaska or Hawaii. State income tax forms 2013   The tax on transportation of persons by air applies to the entire fare paid in the case of flights between any of the Hawaiian Islands, and between any ports or stations in the Aleutian Islands or other ports or stations elsewhere in Alaska. State income tax forms 2013 The tax applies even though parts of the flights may be over international waters or over Canada, if no point on the direct line of transportation between the ports or stations is more than 225 miles from the United States (Hawaii or Alaska). State income tax forms 2013 Package tours. State income tax forms 2013   The air transportation taxes apply to “complimentary” air transportation furnished solely to participants in package holiday tours. State income tax forms 2013 The amount paid for these package tours includes a charge for air transportation even though it may be advertised as “free. State income tax forms 2013 ” This rule also applies to the tax on the use of international air travel facilities, discussed later. State income tax forms 2013 Liability for tax. State income tax forms 2013   The person paying for taxable transportation is liable for the tax and, ordinarily, the person receiving the payment collects the tax, files the returns, and pays the tax over to the government. State income tax forms 2013 However, if payment is made outside the United States for a prepaid order, exchange order, or similar order, the person furnishing the initial transportation provided for under that order must collect the tax. State income tax forms 2013    A travel agency that is an independent broker and sells tours on aircraft that it charters must collect the transportation tax, file the returns, and pay the tax over to the government. State income tax forms 2013 However, a travel agency that sells tours as the agent of an airline must collect the tax and remit it to the airline for the filing of returns and for the payment of the tax over to the government. State income tax forms 2013 An independent third party that is not under the airline's supervision or control, but is acting on behalf of, and receiving compensation from, a passenger, is not required to collect the tax and pay it to the government. State income tax forms 2013 For more information on resellers of air transportation, see Revenue Ruling 2006-52. State income tax forms 2013 You can find Revenue Ruling 2006-52 on page 761 of I. State income tax forms 2013 R. State income tax forms 2013 B. State income tax forms 2013 2006-43 at www. State income tax forms 2013 irs. State income tax forms 2013 gov/pub/irs-irbs/irb06-43. State income tax forms 2013 pdf. State income tax forms 2013   The fact that the aircraft does not use public or commercial airports in taking off and landing has no effect on the tax. State income tax forms 2013 But see Certain helicopter uses, later. State income tax forms 2013   For taxable transportation that begins and ends in the United States, the tax applies regardless of whether the payment is made in or outside the United States. State income tax forms 2013   If the tax is not paid when payment for the transportation is made, the air carrier providing the initial segment of the transportation that begins or ends in the United States becomes liable for the tax. State income tax forms 2013 Exemptions. State income tax forms 2013   The tax on transportation of persons by air does not apply in the following situations. State income tax forms 2013 See also Special Rules on Transportation Taxes, later. State income tax forms 2013 Military personnel on international trips. State income tax forms 2013   When traveling in uniform at their own expense, United States military personnel on authorized leave are deemed to be traveling in uninterrupted international air transportation (defined earlier) even if the scheduled interval between arrival and departure at any station in the United States is actually more than 12 hours. State income tax forms 2013 However, such personnel must buy their tickets within 12 hours after landing at the first domestic airport and accept the first available accommodation of the type called for by their tickets. State income tax forms 2013 The trip must begin or end outside the United States and the 225-mile zone. State income tax forms 2013 Certain helicopter uses. State income tax forms 2013   The tax does not apply to air transportation by helicopter if the helicopter is used for any of the following purposes. State income tax forms 2013 Transporting individuals, equipment, or supplies in the exploration for, or the development or removal of, hard minerals, oil, or gas. State income tax forms 2013 Planting, cultivating, cutting, transporting, or caring for trees (including logging operations). State income tax forms 2013 Providing emergency medical transportation. State income tax forms 2013   However, during a use described in items (1) or (2), the tax applies if the helicopter takes off from, or lands at, a facility eligible for assistance under the Airport and Airway Development Act of 1970, or otherwise uses services provided under section 44509 or 44913(b) or subchapter I of chapter 471 of title 49, United States Code. State income tax forms 2013 For item (1), treat each flight segment as a separate flight. State income tax forms 2013 Fixed-wing aircraft uses. State income tax forms 2013   The tax does not apply to air transportation by fixed-wing aircraft if the fixed-wing aircraft is used for any of the following purposes. State income tax forms 2013 Planting, cultivating, cutting, transporting, or caring for trees (including logging operations). State income tax forms 2013 Providing emergency medical transportation. State income tax forms 2013 The aircraft must be equipped for and exclusively dedicated on that flight to acute care emergency medical services. State income tax forms 2013   However, during a use described in item (1), the tax applies if the fixed-wing aircraft takes off from, or lands at, a facility eligible for assistance under the Airport and Airway Development Act of 1970, or otherwise uses services provided under section 44509 or 44913(b) or subchapter I of chapter 471 of title 49, United States Code. State income tax forms 2013 Skydiving. State income tax forms 2013   The tax does not apply to any air transportation exclusively for the purpose of skydiving. State income tax forms 2013 Seaplanes. State income tax forms 2013   The tax does not apply to any air transportation by seaplane for any segment consisting of a takeoff from, and a landing on, water if the places where the takeoff and landing occur are not receiving financial assistance from the Airport and Airways Trust Fund. State income tax forms 2013 Bonus tickets. State income tax forms 2013   The tax does not apply to free bonus tickets issued by an airline company to its customers who have satisfied all requirements to qualify for the bonus tickets. State income tax forms 2013 However, the tax applies to amounts paid by customers for advance bonus tickets when customers have traveled insufficient mileage to fully qualify for the free advance bonus tickets. State income tax forms 2013 International Air Travel Facilities A tax per person is imposed (whether in or outside the United States) for international flights that begin or end in the United States. State income tax forms 2013 However, for a domestic segment that begins or ends in Alaska or Hawaii, a reduced tax per person applies only to departures. State income tax forms 2013 This tax does not apply if all the transportation is subject to the percentage tax, discussed earlier. State income tax forms 2013 It also doesn't apply if the surtax on fuel used in a fractional ownership program aircraft (discussed earlier) is imposed. State income tax forms 2013 See the Instructions for Form 720 for the tax rates. State income tax forms 2013 Transportation of Property by Air A tax of 6. State income tax forms 2013 25% is imposed on amounts paid (whether in or outside the United States) for transportation of property by air. State income tax forms 2013 The fact that the aircraft may not use public or commercial airports in taking off and landing has no effect on the tax. State income tax forms 2013 The tax applies only to amounts paid to a person engaged in the business of transporting property by air for hire. State income tax forms 2013 The tax applies only to transportation (including layover time and movement of aircraft in deadhead service) that begins and ends in the United States. State income tax forms 2013 Thus, the tax does not apply to transportation of property by air that begins or ends outside the United States. State income tax forms 2013 Exemptions. State income tax forms 2013   The tax on transportation of property by air does not apply in the following situations. State income tax forms 2013 See also Special Rules on Transportation Taxes, later. State income tax forms 2013 Cropdusting and firefighting service. State income tax forms 2013   The tax does not apply to amounts paid for cropdusting or aerial firefighting service. State income tax forms 2013 Exportation. State income tax forms 2013    The tax does not apply to payments for transportation of property by air in the course of exportation (including to United States possessions) by continuous movement, as evidenced by the execution of Form 1363, Export Exemption Certificate. State income tax forms 2013 See Form 1363 for more information. State income tax forms 2013 Certain helicopter and fixed-wing air ambulance uses. State income tax forms 2013   The tax does not apply to amounts paid for the use of helicopters in construction to set heating and air conditioning units on roofs of buildings, to dismantle tower cranes, and to aid in construction of power lines and ski lifts. State income tax forms 2013   The tax also does not apply to air transportation by helicopter or fixed-wing aircraft for the purpose of providing emergency medical services. State income tax forms 2013 The fixed-wing aircraft must be equipped for and exclusively dedicated on that flight to acute care emergency medical services. State income tax forms 2013 Skydiving. State income tax forms 2013   The tax does not apply to any air transportation exclusively for the purpose of skydiving. State income tax forms 2013 Excess baggage. State income tax forms 2013    The tax does not apply to excess baggage accompanying a passenger on an aircraft operated on an established line. State income tax forms 2013 Surtax on fuel used in a fractional ownership program aircraft. State income tax forms 2013   The tax does not apply if the surtax on fuel used in a fractional ownership program aircraft (discussed earlier) is imposed. State income tax forms 2013 Alaska and Hawaii. State income tax forms 2013   For transportation of property to and from Alaska and Hawaii, the tax in general does not apply to the portion of the transportation that is entirely outside the continental United States (or the 225-mile zone if the aircraft departs from or arrives at an airport in the 225-mile zone). State income tax forms 2013 But the tax applies to flights between ports or stations in Alaska and the Aleutian Islands, as well as between ports or stations in Hawaii. State income tax forms 2013 The tax applies even though parts of the flights may be over international waters or over Canada, if no point on a line drawn from where the route of transportation leaves the United States (Alaska) to where it reenters the United States (Alaska) is more than 225 miles from the United States. State income tax forms 2013 Liability for tax. State income tax forms 2013   The person paying for taxable transportation is liable for the tax and, ordinarily, the person engaged in the business of transporting property by air for hire receives the payment, collects the tax, files the returns, and pays the tax over to the government. State income tax forms 2013   If tax is not paid when a payment is made outside the United States, the person furnishing the last segment of taxable transportation collects the tax from the person to whom the property is delivered in the United States. State income tax forms 2013 Special Rules on Transportation Taxes In certain circumstances, special rules apply to the taxes on transportation of persons and property by air. State income tax forms 2013 Aircraft used by affiliated corporations. State income tax forms 2013   The taxes do not apply to payments received by one member of an affiliated group of corporations from another member for services furnished in connection with the use of an aircraft. State income tax forms 2013 However, the aircraft must be owned or leased by a member of the affiliated group and cannot be available for hire by a nonmember of the affiliated group. State income tax forms 2013 Determine whether an aircraft is available for hire by a nonmember of an affiliated group on a flight-by-flight basis. State income tax forms 2013   For this rule, an affiliated group of corporations is any group of corporations connected with a common parent corporation through 80% or more of stock ownership. State income tax forms 2013 Small aircraft. State income tax forms 2013   The taxes do not apply to transportation furnished by an aircraft having a maximum certificated takeoff weight of 6,000 pounds or less. State income tax forms 2013 However, the taxes do apply if the aircraft is operated on an established line. State income tax forms 2013 “Operated on an established line” means the aircraft operates with some degree of regularity between definite points. State income tax forms 2013 However, it does not include any time an aircraft is being operated on a flight that is solely for sightseeing. State income tax forms 2013   Consider an aircraft to be operated on an established line if it is operated on a charter basis between two cities also served by that carrier on a regularly scheduled basis. State income tax forms 2013   Also, the taxes apply if the aircraft is jet-powered, regardless of its maximum certificated takeoff weight or whether or not it is operated on an established line. State income tax forms 2013 Mixed load of persons and property. State income tax forms 2013   If a single amount is paid for air transportation of persons and property, the payment must be allocated between the amount subject to the tax on transportation of persons and the amount subject to the tax on transportation of property. State income tax forms 2013 The allocation must be reasonable and supported by adequate records. State income tax forms 2013 Credits or refunds. State income tax forms 2013   If tax is collected and paid over for air transportation that is not taxable air transportation, the collector may claim a credit or refund if it has repaid the tax to the person from whom the tax was collected or obtained the consent of that person to the allowance of the credit or refund. State income tax forms 2013 Alternatively, the person who paid the tax may claim a refund. State income tax forms 2013 For information on how to file for credits or refunds, see the Instructions for Form 720 or Form 8849. 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