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expenses

Taxpayer asks:

Thanks for taking the time to consider my question.

I travel extensively for my job. When I travel, I have an expense account for meals and hotels. My company recently moved to a “no alcohol” policy on expense accounts. We cannot put any alcohol on our expense accounts and we cannot apply for reimbursement for any alcoholic beverages.

My question is, if I have an occasional glass of wine for dinner, can I deduct that on my taxes as travel costs?

Taxgirl says:

I say yes, assuming that you otherwise meet the criteria for deducting your meals.

To the extent that your employer provides reimbursement for your meals, the reimbursement is not taxable to you (or deductible).

For meal and entertainment expenses which are not reimbursed by your employer, your deduction is limited to 50% of the expenses. They would be treated as unreimbursed job expenses and reported on Schedule A as a miscellaneous deduction. This means, of course, that they are subject to the dreaded 2% floor – in other words, you can only deduct those that exceed 2% of your AGI.

You can use the per diem method or the actual cost method when calculating the deduction. In your case, it makes sense to use the actual cost method since you are otherwise being reimbursed (or taking advantage of your expense account).

The normal rules of travel (business versus pleasure, etc.) still apply.

The key to your question, really, is whether your meals – and that additional glass of wine – is considered “lavish or extravagant.” The IRS will not allow a deduction for “lavish or extravagant” expenses. An expense is not considered lavish or extravagant if it is reasonable based on the facts and circumstances.

So use common sense. I think it’s reasonable to have a nice glass of wine at dinner. But I’m thinking a nice Sancerre or Shiraz – not a 1998 Petrus Pomerol. Similarly, I think you can justify a glass or two but not the cost of all night vodka shots. But really, it’s up to the discretion of the IRS as to what’s “reasonable” under the circumstances.

It’s worth noting that the IRS does not have an official position on alcohol beverages, nor a definitive amount for what’s considered “reasonable” (though the per diem amounts can be used as a guideline). What’s reasonable for one person may not be reasonable for another – just ask Hugh Heffner, who argued that very thing with the IRS.

Keep excellent receipts, use good judgment – that’s the best advice that I can offer.

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

Have a question? Ask the taxgirl!Now on Facebook!

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Welcome to my fifth in a series on state taxes! For information about what I’m trying to do, read my introductory bit. Next on the agenda, the state that we’ve all heard a lot about this year when it comes to taxes: California!

CALIFORNIA

Population: 36,756,666 (1st)

Capital: Sacramento

Largest City: Los Angeles

Gross Domestic Product: $1.812 trillion

GDP per capita: $38,956 (11th)

2008 election winner: Barack Obama

web site: http://www.ca.gov/

Income Tax

California does collect personal income tax. Taxes are fixed according to a series of six brackets (like Arkansas!), depending on net income. In 2008, the lowest tax rate was 1%, with increases to 2%, 4%, 6%, 8% and the highest rate at 9.3%. California also assesses a 1% surcharge on taxable incomes of $1 million or more, which effectively raises the top tax bracket to 10.3% – the surcharge is referred to as the Mental Health Services Tax.

California residents must file an income tax return if either their gross income or their adjusted gross income (AGI) is more than the amount defined by law. California residents must consider their total worldwide gross income to determine their filing requirement (yeah, you kind of get the feeling that bit is there to keep those Hollywood folks from stashing their cash elsewhere to avoid taxation).

California residents are generally taxed on the same income that they report for federal income tax purposes. In fact, California AGI is defined as federal adjusted gross income from all sources reduced or increased by all California income adjustments.

The failure of Proposition 8 during the last election appeared to complicate filing for gay and lesbian couples. Same sex marriages performed in California between June 16, 2008 and November 5, 2008 will be treated as valid marriages for California tax purposes. However, Proposition 8 passed on November 4, 2009, and provided that “only marriage between a man and a woman is valid or recognized in California.” Since California had enacted SB 1827 as law in prior years, couples who are considered registered domestic partners may use the RDP/married status; this does not affect filing status for federal purposes.

Just to make it even more complicated, California is one of nine community property states.

Social Security and Railroad Retirement benefits are exempt from taxation and a 2.5% tax applies to early distributions and qualified pensions. All pensions are fully taxed.

California does participate in the Treasury Set Off program. A California state tax refund will be taken to satisfy any outstanding liabilities owed to California or to the Internal Revenue Service; a federal refund will be taken for same.

Sales Tax.

California imposes a state tax of 7.25%. The total tax rate may be higher than 8.25% depending on the district and local taxes that apply.

Sales tax is imposed on most retail goods and some services. Some items are exempt from sales tax, including:

  • Sales of certain food products for human consumption (many groceries)
  • Sales to the U.S. Government
  • Sales of prescription medicine and certain medical devices
  • Sales of items paid for with food stamps

Tobacco Tax

California’s cigarette tax is 87 cents per pack pack, currently the 31st highest in the country. There is a proposal – being met with much resistance – to raise the tax on cigarettes by $1.50 in 2009, to $2.37 per pack. The national average now stands at $1.20.

Tobacco products, which include all forms of cigars, smoking tobacco, chewing tobacco, and snuff, as well as other products containing at least 50% tobacco, not including cigarettes, are subject only to the cigarette and tobacco products surtax. That rate is currently 45.13%.

In California, the cigarette excise tax revenue is used to fund tobacco control programs.

Gas Tax

The gas tax rate in California is $.455 per gallon. It is the highest rate in the country.

Property Taxes

California does impose taxes on real property based on the assessed value of the property. Property tax bills show land and improvement values. Improvements include all assessable buildings and structures on the land.

The maximum amount of tax on real estate is limited to 1% of the full cash value. Some exemptions apply.

Prior to 1912, California derived up to 70% of its revenue from property taxes. The state no longer relies on property taxes as its primary source of funds, though it collects $33 billion in property taxes per year.

Inheritance and Estate Tax

California does not impose an inheritance tax or a gift tax. Like most states, California no longer has an estate tax since it was tied to the federal estate tax state death tax credit.

Overall Tax Burden

The overall tax burden in California, taking into account taxes paid by individuals, results in a ranking as 6th most-tax burdened state in the country, according to Tax Foundation. This is a couple of steps down from its 4th place status in 2007.

taxgirl says

If the tax burden in California as a whole seems high, take a look at this statistic: in 2004, the richest 3% of state taxpayers paid approximately 60% of all state taxes. And while you’re probably thinking Hollywood dollars, you might be surprised to learn that a relatively high percentage of the tax revenue in years past has come from capital gains taxes. Capital gains taxes, you say? Don’t forget that a disproportionately high number of tech companies are located in California. And those tech companies tend to offer stock options as compensation, not only to execs but to regular employees. In 2005, for example, 14 of Google’s top executives and directors sold $4.4 billion worth of stock last year, according to Thomson Financial. Billions. From 14 people. Who cares about Steve Martin and Gwen Stefani when you have Sergey Brin and Larry Page?

Governor Arnold Schwarzenegger (Republican) has preached fiscal responsibility but is still planning to raise some taxes to fill a gaping hole in the state budget. Even with a high tax rate, California depends on the feds for extra funding – but not as much as other states. In 2005, California citizens received approximately $.78 of federal spending for every $1.00 paid to the Treasury, putting them near the bottom of the list (43rd).

But they’re getting more… So far, more American Recovery and Reinvestment Act (Recovery Act) dollars have been awarded to California than any other state: nearly $13.5 billion. The second state in line received $4 billion less. With deficits looming, Schwarzenegger has made no secret of the fact that his state will take money that other governors may pass on.

The fact that California is struggling in a more visible way than many other states shows you how terribly reliant the state is on its own tax system. With a heavy emphasis on tech companies and the entertainment industry for a resident tax base, the state has been acutely affected by the slowdown in the economy. In particular, property tax revenues have taken a steep dive as foreclosures increased. In years past, housing prices had skyrocketed, temporarily boosting revenues (remember that assessments affect the tax due). However, the incredibly high cost of living took a toll: the ratio of housing costs to income was calculated at three times higher in California than in the rest of the country. When the “bubble” burst, it burst hard: in the first 3 months of 2009, California reported more foreclosures than any other state.

As revenues climbed, California’s expenses have increased. Many conservatives blame the increased expenses on the number of immigrants crossing into California: One in four Californians is an immigrant, a higher proportion than any other state (note the link is a pdf). Most California immigrants are from Mexico – Mexican immigrants to California outpace the next nearest country (Philippines) by a factor of 6. Note that these are all total immigration figures and not numbers of illegal immigrants.

Health care and education comprise the largest percentage of expenses in the 2008-2009 California state budget (note the link is a pdf). Next, with an increase of more than 50% from last year, are business, transportation and housing.

Critics of the Governor’s proposed budget note that the state is increasingly relying on the top taxpayers to pay for the lion’s share of expenses. When you include welfare spending and the like, California ranks 47th of 50 in economic freedom, according to a study by the Pacific Research Institute (PRI) – up a couple of ranks from the prior years.

With the changes in the budget, it’s back in line with the 2005-06 fiscal year, but that was at the height of the housing bubble. With the state’s dollars buying less than before, it will be interesting to see what’s in store for the Golden State. More budger cuts are certain… More taxes, too?

(Note: tax rates were current as of 04-20-2009 and were taken from the CA Board of Equalization)

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Taxpayer asks:
I have a quick question regarding tax deductions. My husband and I are both military. I am National Guard and he is active duty National Guard. It was brought to my attention that we can deduct internet service & cell phone service as a deduction under unreimbursed employee expenses.

The justification is that we need a cell phone because we can be called to duty at anytime and that our units have to get a hold of us in case of an emergency. Also, we must maintain an AKO account. This is a military email account for official business. Communication can be transferred this way too. Are we able to deduct these two expenses in full, partial, or not at all?

Thanks for your help!

Taxgirl says:
Again, I think yes so long as you treat both as job-related expenses against income and so long as both qualify as “ordinary and necessary.” It sounds, from your explanation, as if they would qualify.

Remember the primary purpose of both should be for business!

For more information on deductions, read my prior post on the subject.

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

Have a question? Ask the taxgirl!

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Taxpayer asks:
The reader who asked the question (regarding your Feb 28 cell phone deduction post) seemed to presume she’d deduct the cost of the “extra line” (which is usually a minimal cost), but let’s say she was just getting her phones set up from scratch. Could she have given her brother the primary line (which incurs the bulk of the cost in most carriers’ plans), deducted that amount (subject to the qualifications you described), and then set up her personal number as the “extra line”?

Taxgirl says:
I think so. There is nothing in the Code (of which I am aware – correct me colleagues if I am wrong) that requires you to be the most cost effective when taking a deduction. And it achieves the same result for business purposes – just at a different cost.

Anybody think differently?

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

Have a question? Ask the taxgirl!

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Ask the taxgirl: Childcare Providers and TIN

14 April 2008

Taxpayer asks:
My childcare provider says that she doesn’t know her TIN? but she has her state G.E. tax license number. She doesn’t want to give me her social security number, which is understandable, but I do want credit for this expense. What can I, or should I, do?
When I plugged in the [...]

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Ask the taxgirl: Subcontractor billing/payment

14 February 2008

Taxpayer asks:
I do side work occasionally during the year. It is in the construction industry. I pay people to help me do this work and it is usually under $600.00. I am the one who gets 1099′d and would like to know if I can deduct what I pay these people. [...]

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Back to School.

7 September 2007

Monday marks the official “back to school” date of many schools here in the US. My oldest daughter started last Tuesday and my youngest daughter starts on Monday. It is a busy time.
Around this time, there are a lot of questions that come up about tax deductions for tuition, 529 plans, teacher expenses, [...]

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Call for Questions.

16 July 2007

I recently received an inquiry from a college professor who had questions about how to report deductions on her person income tax return.
As part of a “back to school” series debuting in a few weeks, please send your teaching/education related questions to me. I’m seeking questions about tuition, deductions, income, scholarships, grants and more [...]

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