29-Dec-2014 Miscellaneous - IRS Tax Forms

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Department of the TreasuryInternal Revenue ServicePublication 529ContentsWhat's New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Cat. No. 15056oIntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1MiscellaneousDeductionsDeductions Subject to the 2% Limit . . . . . . . . . . . . 2Unreimbursed Employee Expenses . . . . . . . . . . . 2Other Expenses . . . . . . . . . . . . . . . . . . . . . . . . . 8For use in preparing2014 ReturnsDeductions Not Subject to the 2% Limit . . . . . . . . 12List of Deductions . . . . . . . . . . . . . . . . . . . . . . . 12Nondeductible Expenses . . . . . . . . . . . . . . . . . . . 14List of Nondeductible Expenses . . . . . . . . . . . . . 14How To Report . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Example . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18How To Get Tax Help . . . . . . . . . . . . . . . . . . . . . . 18Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21What's NewStandard mileage rate. The 2014 rate for business useof a vehicle is 56 cents per mile.RemindersFuture developments. For the latest information aboutdevelopments related to Publication 529, such as legislation enacted after it was published, go to www.irs.gov/pub529.Photographs of missing children. The Internal Revenue Service is a proud partner with the National Center forMissing and Exploited Children. Photographs of missingchildren selected by the Center may appear in this publication on pages that would otherwise be blank. You canhelp bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) ifyou recognize a child.IntroductionThis publication explains which expenses you can claimas miscellaneous itemized deductions on Schedule A(Form 1040 or Form 1040NR). You must reduce the totalof most miscellaneous itemized deductions by 2% of youradjusted gross income. This publication covers the following topics.Deductions subject to the 2% limit.Get forms and other information faster and easier at: IRS.gov (English) IRS.gov/Spanish (Español) IRS.gov/Chinese (中文)Dec 29, 2014 IRS.gov/Korean (한국어) IRS.gov/Russian (Pусский) IRS.gov/Vietnamese (TiếngViệt)Deductions not subject to the 2% limit.Expenses you cannot deduct.

How to report your deductions.Some of the deductions previously discussed in thispublication are adjustments to income rather than miscellaneous deductions. These include certain employeebusiness expenses that must be listed on Form 2106 orForm 2106-EZ and some that are entered directly onForm 1040. Those deductions, which are discussed inPublication 463, Travel, Entertainment, Gift, and Car Expenses, include employee business expenses of officialspaid on a fee basis and performing artists.Note. Generally, nonresident aliens are allowed miscellaneous itemized deductions to the extent they are directly related to income which is effectively connectedwith the conduct of a trade or business within the UnitedStates.You must keep records to verify your deductions.You should keep receipts, canceled checks, subRECORDS stitute checks, financial account statements, andother documentary evidence. For more information on recordkeeping, see Publication 552, Recordkeeping for Individuals.Comments and suggestions. We welcome your comments about this publication and your suggestions for future editions.You can send us comments from www.irs.gov/formspubs. Click on “More Information” and then on “Giveus feedback.”Or you can write to:Internal Revenue ServiceTax Forms and Publications1111 Constitution Ave. NW, IR-6526Washington, DC 20224We respond to many letters by telephone. Therefore, itwould be helpful if you would include your daytime phonenumber, including the area code, in your correspondence.Although we cannot respond individually to each comment received, we do appreciate your feedback and willconsider your comments as we revise our tax products.Ordering forms and publications. Visit www.irs.gov/formspubs to download forms and publications. Otherwise, you can go to www.irs.gov/orderforms to orderforms or call 1-800-829-3676 to order current andprior-year forms and instructions. Your order should arrivewithin 10 business days.Tax questions. If you have a tax question, check theinformation available on IRS.gov or call 1-800-829-1040.We cannot answer tax questions sent to the above address.Useful ItemsYou may want to see:Publication463 Travel, Entertainment, Gift, and Car ExpensesPage 2525 Taxable and Nontaxable Income535 Business Expenses587 Business Use of Your Home (Including Use byDaycare Providers)946 How To Depreciate PropertyForm (and Instructions)Schedule A (Form 1040) Itemized Deductions2106 Employee Business Expenses2106-EZ Unreimbursed Employee BusinessExpensesSee How To Get Tax Help near the end of this publicationfor information about getting these publications and forms.Deductions Subjectto the 2% LimitYou can deduct certain expenses as miscellaneous itemized deductions on Schedule A (Form 1040 or Form1040NR). You can claim the amount of expenses that ismore than 2% of your adjusted gross income. You figureyour deduction on Schedule A by subtracting 2% of youradjusted gross income from the total amount of these expenses. Your adjusted gross income is the amount onForm 1040, line 38, or Form 1040NR, line 37.Generally, you apply the 2% limit after you apply anyother deduction limit. For example, you apply the 50% (or80%) limit on business-related meals and entertainment(discussed later under Travel, Transportation, Meals, En tertainment, Gifts, and Local Lodging) before you applythe 2% limit.Deductions subject to the 2% limit are discussed in thefollowing three categories.Unreimbursed employee expenses (Schedule A(Form 1040), line 21 or Schedule A (Form 1040NR),line 7).Tax preparation fees (Schedule A (Form 1040),line 22 or Schedule A (Form 1040NR), line 8).Other expenses (Schedule A (Form 1040), line 23 orSchedule A (Form 1040NR), line 9).Unreimbursed Employee ExpensesGenerally, the following expenses are deducted onSchedule A (Form 1040), line 21, or Schedule A (Form1040NR), line 7.You can deduct only unreimbursed employee expenses that are:Paid or incurred during your tax year,For carrying on your trade or business of being an employee, andPublication 529 (2014)

Ordinary and necessary.An expense is ordinary if it is common and accepted inyour trade, business, or profession. An expense is necessary if it is appropriate and helpful to your business. Anexpense does not have to be required to be considerednecessary.You may be able to deduct the following items as unreimbursed employee expenses.Business bad debt of an employee.Business liability insurance premiums.Damages paid to a former employer for breach of anemployment contract.Depreciation on a computer your employer requiresyou to use in your work.Dues to a chamber of commerce if membership helpsyou do your job.Dues to professional societies.Business Bad DebtA business bad debt is a loss from a debt created or acquired in your trade or business. Any other worthless debtis a business bad debt only if there is a very close relationship between the debt and your trade or business whenthe debt becomes worthless.A debt has a very close relationship to your trade orbusiness of being an employee if your main motive for incurring the debt is a business reason.Example. You make a bona fide loan to the corporation you work for. It fails to pay you back. You had to makethe loan in order to keep your job. You have a businessbad debt as an employee.More information. For more information on businessbad debts, see chapter 10 in Publication 535. For information on nonbusiness bad debts, see chapter 4 in Publication 550, Investment Income and Expenses.Educator expenses.Business Liability InsuranceHome office or part of your home used regularly andexclusively in your work.You can deduct insurance premiums you paid for protection against personal liability for wrongful acts on the job.Job search expenses in your present occupation.Damages for Breach of EmploymentContractLaboratory breakage fees.Legal fees related to your job.Licenses and regulatory fees.Malpractice insurance premiums.If you break an employment contract, you can deductdamages you pay your former employer if the damagesare attributable to the pay you received from that employer.Medical examinations required by an employer.Depreciation on ComputersOccupational taxes.You can claim a depreciation deduction for a computerthat you use in your work as an employee if its use is:Passport for a business trip.Repayment of an income aid payment received underan employer's plan.Research expenses of a college professor.Rural mail carriers' vehicle expenses.Subscriptions to professional journals and trade magazines related to your work.Tools and supplies used in your work.Travel, transportation, meals, entertainment, gifts, andlocal lodging related to your work.Union dues and expenses.Work clothes and uniforms if required and not suitablefor everyday use.Work-related education.For the convenience of your employer, andRequired as a condition of your employment.For the convenience of your employer. This meansthat your use of the computer is for a substantial businessreason of your employer. You must consider all facts inmaking this determination. Use of your computer duringyour regular working hours to carry on your employer'sbusiness is generally for the convenience of your employer.Required as a condition of your employment. Thismeans that you cannot properly perform your duties without the computer. Whether you can properly perform yourduties without it depends on all the facts and circumstances. It is not necessary that your employer explicitly requires you to use your computer. But neither is it enoughthat your employer merely states that your use of the itemis a condition of your employment.Example. You are an engineer with an engineeringfirm. You occasionally take work home at night rather thanPublication 529 (2014)Page 3

work late at the office. You own and use a computer that issimilar to the one you use at the office to complete yourwork at home. Since your use of the computer is not forthe convenience of your employer and is not required as acondition of your employment, you cannot claim a depreciation deduction for it.Which depreciation method to use. The depreciationmethod you use depends on whether you meet themore-than-50%-use test.More-than-50%-use test met. You meet this test ifyou use the computer more than 50% in your work. If youmeet this test, you can claim accelerated depreciation under the General Depreciation System (GDS). In addition,you may be able to take the section 179 deduction for theyear you place the item in service.More-than-50%-use test not met. If you do not meetthe more-than-50%-use test, you are limited to the straightline method of depreciation under the Alternative Depreciation System (ADS). You also cannot claim the section179 deduction. (But if you use your computer in a homeoffice, see the exception below.)Investment use. Your use of a computer in connection with investments (described later under Other Expen ses) does not count as use in your work. However, youcan combine your investment use with your work use infiguring your depreciation deduction.Exception for computer used in a home office.The more-than-50%-use test does not apply to a computer used only in a part of your home that meets the requirements described later under Home Office. You canclaim accelerated depreciation using GDS for a computerused in a qualifying home office, even if you do not use itmore than 50% in your work. You also may be able to takea section 179 deduction for the year you place the computer in service. See Computer used in a home office under How To Report, later.More information. For more information on depreciation and the section 179 deduction for computers andother items used in a home office, see Business Furnitureand Equipment in Publication 587. Publication 946 hasdetailed information about the section 179 deduction anddepreciation deductions using GDS and ADS.Reporting your depreciation deduction. See How ToReport, later, for information about reporting a deductionfor depreciation.You must keep records to prove your percentageof business and investment use.RECORDSDues to Chambers of Commerce andProfessional SocietiesYou may be able to deduct dues paid to professional organizations (such as bar associations and medical associations) and to chambers of commerce and similar organizations, if membership helps you carry out the duties ofyour job. Similar organizations include:Boards of trade,Business leagues,Civic or public service organizations,Real estate boards, andTrade associations.Lobbying and political activities. You may not be ableto deduct that part of your dues that is for certain lobbyingand political activities. See Lobbying Expenses underNondeductible Expenses, later.Educator ExpensesIf you were an eligible educator in 2014, you can deductup to 250 of qualified expenses you paid in 2014 as anadjustment to gross income on Form 1040, line 23, ratherthan as a miscellaneous itemized deduction. If you fileForm 1040A, you can deduct these expenses on line 16. Ifyou and your spouse are filing jointly and both of you wereeligible educators, the maximum deduction is 500. However, neither spouse can deduct more than 250 of his orher qualified expenses.Eligible educator. An eligible educator is a kindergartenthrough grade 12 teacher, instructor, counselor, principal,or aide in school for at least 900 hours during a schoolyear.Qualified expenses. Qualified expenses include ordinary and necessary expenses paid in connection withbooks, supplies, equipment (including computer equipment, software, and services), and other materials used inthe classroom. An ordinary expense is one that is common and accepted in your educational field. A necessaryexpense is one that is helpful and appropriate for yourprofession as an educator. An expense does not have tobe required to be considered necessary.Qualified expenses do not include expenses for homeschooling or for nonathletic supplies for courses in healthor physical education. You must reduce your qualified expenses by the following amounts.Excludable U.S. series EE and I savings bond interestfrom Form 8815.Nontaxable qualified state tuition program earnings.Nontaxable earnings from Coverdell education savings accounts.Page 4Publication 529 (2014)

Any reimbursements you received for those expensesthat were not reported to you on your Form W-2,box 1.Educator expenses over limit. If you were an educatorin 2014 and you had qualified expenses that you cannottake as an adjustment to gross income, you can deductthe rest as an itemized deduction subject to the 2% limit.Home OfficeIf you use a part of your home regularly and exclusively forbusiness purposes, you may be able to deduct a part ofthe operating expenses and depreciation of your home.You can claim this deduction for the business use of apart of your home only if you use that part of your homeregularly and exclusively:As your principal place of business for any trade orbusiness,As a place to meet or deal with your patients, clients,or customers in the normal course of your trade orbusiness, orIn the case of a separate structure not attached toyour home, in connection with your trade or business.The regular and exclusive business use must be for theconvenience of your employer and not just appropriateand helpful in your job.Principal place of business. If you have more than oneplace of business, the business part of your home is yourprincipal place of business if:You use it regularly and exclusively for administrativeor management activities of your trade or business,andYou have no other fixed location where you conductsubstantial administrative or management activities ofyour trade or business.Otherwise, the location of your principal place of business generally depends on the relative importance of theactivities performed at each location and the time spent ateach location.You should keep records that will give the information needed to figure the deduction accordingRECORDS to these rules. Also keep canceled checks, substitute checks, or account statements and receipts of theexpenses paid to prove the deductions you claim.More information. See Publication 587 for more detailedinformation and a worksheet for figuring the deduction.Job Search ExpensesYou can deduct certain expenses you have in looking fora new job in your present occupation, even if you do notget a new job. You cannot deduct these expenses if:There was a substantial break between the ending ofyour last job and your looking for a new one, orYou are looking for a job for the first time.Employment and outplacement agency fees. You candeduct employment and outplacement agency fees youpay in looking for a new job in your present occupation.Employer pays you back. If, in a later year, your employer pays you back for employment agency fees, youmust include the amount you receive in your gross incomeup to the amount of your tax benefit in the earlier year.See Recoveries in Publication 525.Employer pays the employment agency. If youremployer pays the fees directly to the employment agencyand you are not responsible for them, you do not includethem in your gross income.Résumé. You can deduct amounts you spend for preparing and mailing copies of a résumé to prospective employers if you are looking for a new job in your present occupation.Travel and transportation expenses. If you travel to anarea and, while there, you look for a new job in yourpresent occupation, you may be able to deduct travel expenses to and from the area. You can deduct the travelexpenses if the trip is primarily to look for a new job. Theamount of time you spend on personal activity comparedto the amount of time you spend in looking for work is important in determining whether the trip is primarily personal or is primarily to look for a new job.Even if you cannot deduct the travel expenses to andfrom an area, you can deduct the expenses of looking fora new job in your present occupation while in the area.You can choose to use the standard mileage rate to figure your car expenses. The 2014 rate for business use ofa vehicle is 56 cents per mile. See Publication 463 formore information on travel and car expenses.Legal FeesYou can deduct legal fees related to doing or keeping yourjob.Licenses and Regulatory FeesYou can deduct the amount you pay each year to state orlocal governments for licenses and regulatory fees foryour trade, business, or profession.Occupational TaxesYou can deduct an occupational tax charged at a flat rateby a locality for the privilege of working or conducting abusiness in the locality. If you are an employee, you canclaim occupational taxes only as a miscellaneous deduction subject to the 2% limit; you cannot claim them as adeduction for taxes elsewhere on your return.You are looking for a job in a new occupation,Publication 529 (2014)Page 5

Repayment of Income Aid PaymentAn “income aid payment” is one that is received under anemployer's plan to aid employees who lose their jobs because of lack of work. If you repay a lump-sum income aidpayment that you received and included in income in anearlier year, you can deduct the repayment.Research Expenses of a College ProfessorIf you are a college professor, you can deduct your research expenses, including travel expenses, for teaching,lecturing, or writing and publishing on subjects that relatedirectly to your teaching duties. You must have undertaken the research as a means of carrying out the dutiesexpected of a professor and without expectation of profitapart from salary. However, you cannot deduct the cost oftravel as a form of education.Rural Mail Carriers' Vehicle ExpensesIf your expenses to use a vehicle in performing servicesas a rural mail carrier are more than the amount of your reimbursements, you can deduct the unreimbursed expenses. See chapter 4 of Publication 463 for more information.Tools Used in Your WorkGenerally, you can deduct amounts you spend for toolsused in your work if the tools wear out and are thrownaway within 1 year from the date of purchase. You can depreciate the cost of tools that have a useful life substantially beyond the tax year. For more information about depreciation, see Publication 946.Travel, Transportation, Meals,Entertainment, Gifts, and Local LodgingIf you are an employee and have ordinary and necessarybusiness-related expenses for travel away from home, local transportation, entertainment, and gifts, you may beable to deduct these expenses. Generally, you must fileForm 2106 or Form 2106-EZ to claim these expenses.Travel expenses. Travel expenses are those incurredwhile traveling away from home for your employer. Youcan deduct travel expenses paid or incurred in connectionwith a temporary work assignment. Generally, you cannotdeduct travel expenses paid or incurred in connection withan indefinite work assignment.Travel expenses may include:The cost of getting to and from your business destination (air, rail, bus, car, etc.),Meals and lodging while away from home,Taxi fares,Baggage charges, andCleaning and laundry expenses.Page 6Travel expenses are discussed more fully in chapter 1of Publication 463.Temporary work assignment. If your assignment orjob away from home in a single location is realistically expected to last (and does in fact last) for 1 year or less, it istemporary, unless there are facts and circumstances thatindicate it is not.Indefinite work assignment. If your assignment orjob away from home in a single location is realistically expected to last for more than 1 year, it is indefinite, whetheror not it actually lasts for more than 1 year.If your assignment or job away from home in a singlelocation is realistically expected to last for 1 year or less,but at some later date it is realistically expected to exceed1 year, it will be treated as temporary (in the absence offacts and circumstances indicating otherwise) until thedate that your realistic expectation changes, and it will betreated as indefinite after that date.Federal crime investigation and prosecution. Ifyou are a federal employee participating in a federal crimeinvestigation or prosecution, you are not subject to the1-year rule for deducting temporary travel expenses. Thismeans that you may be able to deduct travel expenseseven if you are away from your tax home for more than 1year.To qualify, the Attorney General must certify that youare traveling:For the Federal Government,In a temporary duty status, andTo investigate, prosecute, or provide support servicesfor the investigation or prosecution of a federal crime.Armed Forces reservists traveling more than 100miles from home. If you are a member of a reserve component of the Armed Forces of the United States and youtravel more than 100 miles away from home in connectionwith your performance of services as a member of the reserves, you can deduct some of your travel expenses asan adjustment to gross income rather than as a miscellaneous itemized deduction. The amount of expenses youcan deduct as an adjustment to gross income is limited tothe regular federal per diem rate (for lodging, meals, andincidental expenses) and the standard mileage rate (forcar expenses) plus any parking fees, ferry fees, and tolls.The balance, if any, is reported on Schedule A.You are a member of a reserve component of theArmed Forces of the United States if you are in the Army,Naval, Marine Corps, Air Force, Coast Guard Reserve,the Army National Guard of the United States, the Air National Guard of the United States, or the Reserve Corps ofthe Public Health Service.For more information on travel expenses, see Publication 463.Local transportation expenses. Local transportationexpenses are the expenses of getting from one workplaceto another when you are not traveling away from home.Publication 529 (2014)

They include the cost of transportation by air, rail, bus,taxi, and the cost of using your car.You can choose to use the standard mileage rate to figure your car expenses. The 2014 rate for business use ofa vehicle is 56 cents per mile.!CAUTIONIn general, the costs of commuting between yourresidence and your place of business are nonde ductible.Work at two places in a day. If you work at two places in a day, whether or not for the same employer, youcan generally deduct the expenses of getting from oneworkplace to the other.Temporary work location. You can deduct expensesincurred in going between your home and a temporarywork location if at least one of the following applies.The work location is outside the metropolitan areawhere you live and normally work.You have at least one regular work location (otherthan your home) for the same trade or business. (Ifthis applies, the distance between your home and thetemporary work location does not matter.)For this purpose, a work location is generally considered temporary if your work there is realistically expectedto last (and does in fact last) for 1 year or less. It is nottemporary if your work there is realistically expected tolast for more than 1 year, even if it actually lasts for 1 yearor less. If your work there initially is realistically expectedto last for 1 year or less, but later is realistically expectedto last for more than 1 year, the work location is generallyconsidered temporary until the date your realistic expectation changes and not temporary after that date. For moreinformation, see chapter 1 of Publication 463.Gift expenses. You can generally deduct up to 25 ofbusiness gifts you give to any one individual during theyear. The following items do not count toward the 25limit.Identical, widely distributed items costing 4 or lessthat have your name clearly and permanently imprinted.Signs, racks, and promotional materials to be displayed on the business premises of the recipient.Local lodging. If your employer provides or requires youto obtain lodging while you are not traveling away fromhome, you can deduct the cost of the lodging if it is:on a temporary basis,necessary for you to participate in or be available for abusiness meeting or employer function, andthe costs are ordinary and necessary, but not lavish orextravagant.If your employer provides the lodging or reimbursesyou for the cost of the lodging, you can deduct the costonly if the value or the reimbursement is included in yourgross income because it is reported as wages on yourForm W-2.Additional information. See Publication 463 for moreinformation on travel, transportation, meal, entertainment,and gift expenses, and reimbursements for these expenses.Union Dues and ExpensesYou can deduct dues and initiation fees you pay for unionmembership.Home office. You can deduct expenses incurred ingoing between your home and a workplace if your home isyour principal place of business for the same trade orbusiness. (In this situation, whether the other workplace istemporary or regular and its distance from your home donot matter.) See Home Office, earlier, for a discussion onthe use of your home as your principal place of business.You can also deduct assessments for benefit paymentsto unemployed union members. However, you cannot deduct the part of the assessments or contributions that provides funds for the payment of sick, accident, or deathbenefits. Also, you cannot deduct contributions to a pension fund even if the union requires you to make the contributions.Meals and entertainment. Generally, you can deductentertainment expenses (including entertainment-relatedmeals) only if they are directly related to the active conduct of your trade or business. However, the expense onlyneeds to be associated with the active conduct of yourtrade or business if it directly precedes or follows a substantial and bona fide business-related discussion.You can deduct only 50% of your business-relatedmeal and entertainment expenses unless the expensesmeet certain exceptions. You apply this 50% limit beforeyou apply the 2%-of-adjusted-gross-income limit.You may not be able to deduct amounts you pay to theunion that are related to certain lobbying and political activities. See Lobbying Expenses under Nondeductible Ex penses, later.Meals when subject to “hours of service” limits.You can deduct 80% of your business-related meal expenses if you consume the meals during or incident to anyperiod subject to the Department of Transportation's“hours of service” limits. You apply this 80% limit beforeyou apply the 2%-of-adjusted-gross-income limit.Publication 529 (2014)Work Clothes and UniformsYou can deduct the cost and upkeep of work clothes if thefollowing two requirements are met.You must wear them as a condition of your employment.The clothes are not suitable for everyday wear.Page 7

It is not enough that you wear distinctive clothing.The clothing must be specifically required by yourCAUTIONemployer. Nor is it enough that you do not, in fact,wear your work clothes away from work. The clothingmust not be suitable for taking the place of your regularclothing.!Examples of workers who may be able to deduct thecost and upkeep of work clothes are: delivery workers,firefighters, health care workers, law enforcement officers,letter carriers, professional athletes, and transportationworkers (air, rail, bus, etc.).Musicians and entertainers can deduct the cost of theatrical clothing and accessories that are not suitable foreveryday wear.However, work clothing consisting of white cap, whiteshirt or white jacket, white bib overalls, and standard workshoes, which a painter is required by his union to wear onthe job, is not distinctive in character or in the nature of auniform. Similarly, the costs of buying and maintainingblue work clothes worn by a welder at

Internal Revenue Service Publication 529 Cat. No. 15056o Miscellaneous Deductions For use in preparing 2014 Returns Get forms and other information faster and easier at: IRS.gov (English) IRS.gov/Spanish (Español) IRS.gov/Chinese (中文) IRS.gov/Korean (한국어) IRS.gov/R

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