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Special Provisions for Travel & Supplies

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  Most truckers and pilots who come to me for tax advice and tax preparation tell me they shell out from $40 to $100 per week for various supplies and/or travel related expenses. For a 50 week year the amount is $2,000 to $5,000.

What proof is required to claim these rather expensive employee business expenses? The answer may surprise you, but almost none is required. A timely entry into your driver's log,  flight logbook and/or duty logs is all that is necessary to establish your deduction. No further records are required per this I.R.S. Notice. Afraid of an I.R.S. Tax Audit?

Do not be. Understand that a "Notice" (I.R.S. Notice) is published out of I.R.S.'s Washington D.C. headquarters and is expressly written to provide both I.R.S. Field/Office Auditors and the public with Nationwide Audit Guideline Procedures which I.R.S. personal must follow. An I.R.S. Auditor cannot deviate from a published Notice.

If you believe you spend $75 in a week for travel, for any expense for traveling, entertainment, gifts, or listed property, then there is a deduction of $75 for 50 weeks (two weeks for vacation) which is $3,750.  Furthermore, only the meals and entertainment are subject to the percentage reduction rules.  (Note: lodging is excluded as the lodging must be documented with a paid bill.)

Example Deductions Chart

List of examples of travel:

Docking, or Hangar fees

Marina or Airport fees

Port fees - including INS and similar fees such as inspection

Passport or Visa and related costs

Slip rentals

Cleaning of holding tanks

Taxi

Tolls

Permits

License

Wash of vehicle

Logbooks

Safety Clothing

Safety Equipment

Cleaning & Laundry

Aids for driving, piloting or captaining

Books or literature aiding in the job

Telephone calls, wire orders, etc. - other communication

Not always, but nearly any expense except lodging or meals while away from home for business


SUBSTANTIATION REQUIREMENTS FOR TRAVEL AND ENTERTAINMENT EXPENSES

IRS NOTICE 95-50

This notice provides information on a change that the Service will make to the substantiation rules in the regulations under section 274(d) of the Internal Revenue Code, and also invites public comment on possible additional changes to certain other substantiation rules under that section.

Receipt threshold to increase from $25 to $75. Section 274(d) disallows an otherwise allowable deduction under sections 162 or 212 for any expense for traveling, entertainment, gifts, or listed property, unless the expense is substantiated by adequate records. Section 1.274-5T(c)(2)(iii) of the temporary Income Tax Regulations requires a taxpayer to maintain documentary evidence (such as receipts) for 

(A) any lodging expenditure, and 

(B) any other expenditure of $25 or more. 

The $25 receipt threshold was established in 1962. The Service will amend section 1.274-5T(c)(2)(iii)(B) to increase the $25 receipt threshold to $75, effective for expenditures incurred on or after October 1, 1995.

Public comment invited. An employee who is reimbursed by his or her employer may substantiate expenses under the "adequate accounting" rules of section 1.274-5T(f). Under these rules, (1) the employee must furnish the employer with adequate records as provided in section 1.274-5T(c)(2), including documentary evidence (such as receipts), that establish each element (e.g., amount, time, place, and business purpose) of the expenditure, and (2) the employer must maintain the documentary evidence and produce it if requested by the Service.

The Service is also reviewing section 1.274-5T(f) to determine whether changes should be made to the adequate accounting rules to provide alternative means of satisfying the substantiation requirements of section 274(d). The Service invites public comment on this matter. Written comments should be submitted by December 15, 1995, to: 

Internal Revenue Service, 

P.O. Box 7604, Ben Franklin Station,

Attn: CC:CORP:T:R (IA-Branch 2), Room 5228, 

Washington, D.C. 20044. 

All materials submitted will be available for public inspection and copying.

 

DRAFTING INFORMATION

The principal author of this notice is Donna M. Crisalli of the Office of Assistant Chief Counsel (Income Tax and Accounting). For further information regarding this notice, contact Ms. Crisalli on (202) 622-4920

(not a toll-free number).

 


 

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