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Expense                                   Reporting Reimbursements
                                  Reimbursements                  If the type of     Then the employer
                                                                  reimbursement, or other
                                   for Employees                  expense allowance is   reports on    And the employee
                                                                  under:             Form W-2:       reports on Form 2106:*
                                                                  An accountable plan with:
      Reimbursement not requested. When you have a right          Actual expense     No amount.      No amount.
      to reimbursement for expenses related to your status as     reimbursement with
      an employee but fail to claim reimbursement, the ex-        adequate accounting
      penses are not deductible since they are not considered     made and excess
                                                                  returned.
      necessary expenses.
                                                                  Actual expense     The excess amount as  No amount.
      Court Case: The taxpayer’s job involved extensive trav-     reimbursement with   wages in box 1, box 3,
      eling in a two-state area. His employer had a policy un-    adequate accounting   and box 5.
                                                                  and return of excess both
      der which employees were eligible for reimbursement         required but excess not
      of all types of nonvehicle business expenses. The tax-      returned.
      payer did not submit any expenses for reimbursement         Per diem or mileage   No amount.   No amount.
      from his employer. Instead, he deducted the expenses        allowance up to the
                                                                  federal rate with adequate
      as unreimbursed business expenses on his tax return.        accounting made and
      The court noted that it was not necessary for the tax-      excess returned.
      payer to remain unreimbursed for the expenses. To the       Per diem or mileage   The excess amount as  No amount.
      extent the expenses could have been reimbursed, the         allowance up to the   wages in box 1, box 3,
                                                                  federal rate with adequate  and box 5. The amount
      court disallowed the taxpayers claimed deductions.          accounting and return of   up to the federal rate
      (Stidham, T.C. Summary 2012-61)                             excess both required but   is reported in box 12
                                                                  excess not returned.  but not in box 1.
                                                                  Per diem or mileage   The excess amount as  The amount that can
                   Nonaccountable Plan                            allowance exceeds the   wages in box 1, box 3,  be substantiated as
                                                                  federal rate with adequate  and box 5. The amount  a business deduction
      Any form of reimbursement that does not meet the            accounting made up to   up to the federal rate   reported in box 12, if
                                                                  the federal rate only and
                                                                                                     expenses in excess of the
                                                                                     is reported in box 12
      accountable plan rules is a nonaccountable plan. All        excess not returned.  but not reported in   federal rate are claimed.
      amounts paid, or treated as paid under a nonaccount-                           box 1.
      able plan are reported as wages on Form W-2. The pay-       A nonaccountable plan with:
      ments are subject to income tax withholding, Social Se-     Either adequate    The entire amount as   The amount that can
      curity, Medicare, and federal unemployment taxes.           accounting or return   wages in box 1, box 3,  be substantiated as a
                                                                                     and box 5.
                                                                  of excess, or both, not
                                                                                                     business deduction.
                                                                  required by plan.
            Paying Expenses of an Employer                        No reimbursement plan:  The entire amount as   The amount that can
                                                                                     wages in box 1, box 3,  be substantiated as a
                                                                                     and box 5.      business deduction.
      If the expense paid by you is that of the employer and
      not yours, the expense might not be deductible. This        * Only Armed Forces reservists, qualified performing artists, fee-basis state or
                                                                    local government officials, and employees with impairment-related work ex-
      could be the case where you are both the sharehold-           penses may file Form 2106.
      er and employee of your corporation. You may pay a
      corporate expense, such as office rent, out of personal
      funds when the corporate checkbook is low on funds.
      Since the expense is a liability of the corporation and                      Contact Us
      not yours, the expense is not deductible by you because         There are many events that occur during the year that can affect
      it is not an ordinary and necessary business expense.           your tax situation. Preparation of your tax return involves sum-
                                                                      marizing transactions and events that occurred during the prior
                                                                      year. In most situations, treatment is firmly established at the
                                                                      time the transaction occurs. However, negative tax effects can
                                                                      be avoided by proper planning. Please contact us in advance
                                                                      if you have questions about the tax effects of a transaction or
                                                                      event, including the following:
                                                                      •  Pension or IRA distributions.  •  Retirement.
                                                                      •  Significant change in income or   •  Notice from IRS or other
                                                                        deductions.              revenue department.
                                                                      •  Job change.            •  Divorce or separation.
             This brochure contains general information for taxpayers and    •  Marriage.       •  Self-employment.
              should not be relied upon as the only source of authority.    •  Attainment of age 59½ or 70½.  •  Charitable contributions
          Taxpayers should seek professional tax advice for more information.  •  Sale or purchase of a business.  of property in excess of
                                                                      •  Sale or purchase of a residence   $5,000.
                     Copyright © 2019 Tax Materials, Inc.               or other real estate.
                          All Rights Reserved




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