Publication 17 |
2003 Tax Year |
Miscellaneous Deductions
This is archived information that pertains only to the 2003 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
Important Reminder
Limit on itemized deductions. For 2003, if your adjusted gross income is more than $139,500 ($69,750 if you are married filing separately), you may have
to reduce the amount of
certain itemized deductions, including most miscellaneous deductions. See chapter 31 for more information.
Introduction
This chapter explains which expenses you can claim as miscellaneous itemized deductions on Schedule A (Form 1040). You must reduce the
total of most miscellaneous itemized deductions by 2% of your adjusted gross income. This chapter covers the following topics.
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Deductions subject to the 2% limit.
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Deductions not subject to the 2% limit.
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Expenses you cannot deduct.
You must keep records to verify your deductions. You should keep receipts, canceled checks, financial account statements,
and other documentary
evidence. For more information on recordkeeping, get Publication 552, Recordkeeping for Individuals.
Useful Items - You may want to see:
Publication
-
529
Miscellaneous Deductions
-
535
Business Expenses
-
587
Business Use of Your Home (Including Use by Day-Care Providers)
-
946
How To Depreciate Property
Form (and Instructions)
-
2106
Employee Business Expenses
-
2106–EZ
Unreimbursed Employee Business Expenses
Deductions Subject
to the 2% Limit
You can deduct certain expenses as miscellaneous itemized deductions on Schedule A (Form 1040). You can claim the amount of
expenses that is more
than 2% of your adjusted gross income. You figure your deduction on Schedule A by subtracting 2% of your adjusted gross income
from the total amount
of these expenses. Your adjusted gross income is the amount on line 35, Form 1040.
Generally, you apply the 2% limit after you apply any other deduction limit. For example, you apply the 50% (or 65%) limit
on business-related
meals and entertainment (discussed in chapter 28) before you apply the 2% limit.
Deductions subject to the 2% limit are discussed in the three categories in which you report them on Schedule A.
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Unreimbursed employee expenses (line 20).
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Tax preparation fees (line 21).
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Other expenses (line 22).
Impairment-related work expenses.
If you have a physical or mental disability, certain expenses you incur that allow you to work may not be subject
to the 2% limit. See
Impairment-Related Work Expenses under Deductions Not Subject to the 2% Limit, later.
Performing artists.
If you are a qualified performing artist, you may be able to deduct your employee business expenses as an adjustment
to income rather than as a
miscellaneous itemized deduction. See Special Rules in chapter 28 if you need more information about this exception.
State and local government officials paid on a fee basis.
If you performed services as an employee of a state or local government and you were paid in whole or in part on a
fee basis, you can claim your
trade or business expenses in performing those services as an adjustment to income, rather than as a miscellaneous deduction.
See Officials Paid
on a Fee Basis under Deductions Not Subject to the 2% Limit, later.
Unreimbursed
Employee Expenses
(Line 20)
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, and
-
Ordinary and necessary.
An expense is ordinary if it is common and accepted in your type of trade or business. An expense is necessary if it is
appropriate and helpful to your trade or business.
Examples of unreimbursed employee expenses are listed next. The list is followed by discussions of additional unreimbursed
employee expenses.
-
Business bad debt of an employee.
-
Education that is work related. (See chapter 29.)
-
Legal fees related to your job.
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Licenses and regulatory fees.
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Malpractice insurance premiums.
-
Medical examinations required by an employer.
-
Occupational taxes.
-
Passport for a business trip.
-
Subscriptions to professional journals and trade magazines related to your work.
-
Travel, transportation, entertainment, gift, and car expenses related to your work. (See chapter 28.)
Business Liability Insurance
You can deduct insurance premiums you paid for protection against personal liability for wrongful acts on the job.
Damages for Breach
of Employment Contract
If you break an employment contract, you can deduct damages you pay your former employer that are attributable to the pay
you received from that
employer.
Depreciation on Computers
or Cellular Telephones
You can claim a depreciation deduction for a computer or cellular telephone that you use in your work as an employee if its
use is:
-
For the convenience of your employer, and
-
Required as a condition of your employment.
For more information about the rules and exceptions to the rules affecting the allowable deductions for a home computer or
cellular telephone, see
Publication 529.
Dues to Chambers of Commerce and Professional Societies
You 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 of your job. Similar organizations include:
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Boards of trade,
-
Business leagues,
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Civic or public service organizations,
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Real estate boards, and
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Trade associations.
You cannot deduct dues paid to an organization if one of its main purposes is to:
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Conduct entertainment activities for members or their guests, or
-
Provide members or their guests with access to entertainment facilities.
Dues paid to airline, hotel, and luncheon clubs are not deductible. See Club Dues under Nondeductible Expenses, later.
Lobbying and political activities.
You may not be able to deduct that part of your dues that is for certain lobbying and political activities. See Dues used for lobbying
under Lobbying Expenses, later.
Home Office
If you use a part of your home regularly and exclusively for business purposes, you may be able to deduct a part of the operating
expenses and
depreciation of your home.
You can claim this deduction for the business use of a part of your home only if you use that part of your home regularly and
exclusively:
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As your principal place of business for any trade or business,
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As a place to meet or deal with your patients, clients, or customers in the normal course of your trade or business, or
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In the case of a separate structure not attached to your home, in connection with your trade or business.
The regular and exclusive business use must be for the convenience of your employer and not just appropriate and helpful in your job.
Get Publication 587 for more detailed information and a worksheet.
Job Search Expenses
You can deduct certain expenses you have in looking for a new job in your present occupation, even if you do not get a new
job.
You cannot deduct job search expenses if:
-
You are looking for a job in a new occupation,
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There was a substantial break between the ending of your last job and your looking for a new one, or
-
You are looking for a job for the first time.
Employment and outplacement agency fees.
You can deduct employment and outplacement agency fees you pay 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, you must include the amount you receive
in your gross income up to the
amount of your tax benefit in the earlier year. (See Recoveries in chapter 13.)
Employer pays the employment agency.
If your employer pays the fees directly to the employment agency and you are not responsible for them, you do not
include them in your gross
income.
Résumé.
You can deduct amounts you spend for typing, printing, 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 an area and, while there, you look for a new job in your present occupation, you may be able to deduct
travel expenses to and from
the area. You can deduct the travel expenses if the trip is primarily to look for a new job. The amount of time you spend
on personal activity
compared to 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 and from an area, you can deduct the expenses of looking for a new
job in your present occupation
while in the area.
You may choose to use the standard mileage rate to figure your car expenses. The standard mileage rate for 2003 is
36 cents per mile. See chapter
28 for more information.
Licenses and Regulatory Fees
You can deduct the amount you pay each year to state or local governments for licenses and regulatory fees for your trade,
business, or profession.
Occupational Taxes
You can deduct an occupational tax charged at a flat rate by a locality for the privilege of working or conducting a business
in the locality. If
you are an employee, you can claim occupational taxes only as a miscellaneous deduction subject to the 2% limit; you cannot
claim them as a deduction
for taxes elsewhere on your return.
Repayment of
Income Aid Payment
An “income aid payment” is one that is received under an employer's plan to aid employees who lose their jobs because of lack of work. If you
repay a lump-sum income aid payment that you received and included in income in an earlier year, you can deduct the repayment.
Research Expenses of
a College Professor
If you are a college professor, you can deduct research expenses, including travel expenses, for teaching, lecturing, or writing
and publishing on
subjects that relate directly to the field of your teaching duties. You must have undertaken the research as a means of carrying
out the duties
expected of a professor and without expectation of profit apart from salary. However, you cannot deduct the cost of travel
as a form of education.
Tools Used in Your Work
Generally, you can deduct amounts you spend for tools used in your work if the tools wear out and are thrown away 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, get
Publication 946.
Union Dues and Expenses
You can deduct dues and initiation fees you pay for union membership.
You can also deduct assessments
for benefit payments to unemployed union members. However, you cannot deduct the part of the assessments or
contributions that provides funds for the payment of sick, accident, or death benefits. Also, you cannot deduct contributions
to a pension fund, even
if the union requires you to make the contributions.
You may not be able to deduct amounts you pay to the union that are related to certain lobbying and political activities.
See Lobbying
Expenses under Nondeductible Expenses, later.
Work Clothes and Uniforms
You can deduct the cost and upkeep of work clothes if the following two requirements are met.
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You must wear them as a condition of your employment.
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The clothes are not suitable for everyday wear.
It is not enough that you wear distinctive clothing. The clothing must be specifically required by your employer. Nor is it
enough that you do not,
in fact, wear your work clothes away from work. The clothing must not be suitable for taking the place of your regular clothing.
Examples of workers who may be able to deduct the cost and upkeep of work clothes are: delivery workers, firefighters, health
care workers, law
enforcement officers, letter carriers, professional athletes, and transportation workers (air, rail, bus, etc.).
Musicians and entertainers can deduct the cost of theatrical clothing and accessories if they are not suitable for everyday
wear.
However, work clothing consisting of white cap, white shirt or white jacket, white bib overalls, and standard work shoes,
which a painter is
required by his union to wear on the job, is not distinctive in character or in the nature of a uniform. Similarly, the costs
of buying and
maintaining blue work clothes worn by a welder at the request of a foreman are not deductible.
Protective clothing.
You can deduct the cost of protective clothing required in your work, such as safety shoes or boots, safety glasses,
hard hats, and work gloves.
Examples of workers who may be required to wear safety items are: carpenters, cement workers, chemical workers, electricians,
fishing boat crew
members, machinists, oil field workers, pipe fitters, steamfitters, and truck drivers.
Military uniforms.
You generally cannot deduct the cost of your uniforms if you are on full-time active duty in the armed forces. However,
if you are an armed forces
reservist, you can deduct the unreimbursed cost of your uniform if military regulations restrict you from wearing it except
while on duty as a
reservist. In figuring the deduction, you must reduce the cost by any nontaxable allowance you receive for these expenses.
If local military rules do not allow you to wear fatigue uniforms when you are off duty, you can deduct the amount
by which the cost of buying and
keeping up these uniforms is more than the uniform allowance you receive.
You can deduct the cost of your uniforms if you are a civilian faculty or staff member of a military school.
Tax Preparation Fees
(Line 21)
You can usually deduct tax preparation fees in the year you pay them. Thus, on your 2003 return, you can deduct fees paid
in 2003 for preparing
your 2002 return. These fees include the cost of tax preparation software programs and tax publications. They also include
any fee you paid for
electronic filing of your return.
Deduct expenses of preparing tax schedules relating to profit or loss from business (Schedule C or C–EZ), rentals or royalties
(Schedule E),
or farm income and expenses (Schedule F) on the appropriate schedule. Deduct the expenses of preparing the remainder of the
return on line 21,
Schedule A (Form 1040).
Other Expenses (Line 22)
You can deduct certain other expenses as miscellaneous itemized deductions subject to the 2%-of-adjusted-gross-income limit.
These are expenses you
pay:
-
To produce or collect income that must be included in your gross income,
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To manage, conserve, or maintain property held for producing such income, or
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To determine, contest, pay, or claim a refund of any tax.
You can deduct expenses you pay for the purposes in (1) and (2) above only if they are reasonably and closely related to these
purposes. Some
of these other expenses are explained in the following discussions.
If the expenses you pay produce income that is only partially taxable, see Tax-Exempt Income Expenses, later, under Nondeductible
Expenses.
Appraisal Fees
You can deduct appraisal fees if you pay them to figure a casualty loss or the fair market value of donated property.
Certain Casualty and
Theft Losses
You can deduct a casualty or theft loss as a miscellaneous itemized deduction subject to the 2% limit if you used the damaged
or stolen property in
performing services as an employee. First report the loss in Section B of Form 4684, Casualties and Thefts. You may also have to include
the loss on Form 4797, Sales of Business Property, if you are otherwise required to file that form. Your deduction is the amount of the
loss included on lines 32 and 38b of Form 4684 and line 18b(1) of Form 4797. For other casualty and theft losses, see chapter
27.
Clerical Help and Office Rent
You can deduct office expenses, such as rent and clerical help, that you have in connection with your investments and collecting
the taxable income
on them.
Depreciation on
Home Computer
You can deduct depreciation on your home computer if you use it to produce income (for example, to manage your investments
that produce taxable
income). You generally must depreciate the computer using the straight line method over the Alternative Depreciation System
(ADS) recovery period. But
if you work as an employee and also use the computer in that work, see Publication 946.
Excess Deductions of an Estate
If an estate's total deductions in its last tax year are more than its gross income for that year, the beneficiaries succeeding
to the estate's
property can deduct the excess. Do not include deductions for the estate's personal exemption and charitable contributions
when figuring the estate's
total deductions. The beneficiaries can claim the deduction only for the tax year in which, or with which, the estate terminates,
whether the year of
termination is a normal year or a short tax year. For more information, see Termination of Estate in Publication 559, Survivors,
Executors, and Administrators.
Fees to Collect
Interest and Dividends
You can deduct fees you pay to a broker, bank, trustee, or similar agent to collect your taxable bond interest or dividends
on shares of stock. But
you cannot deduct a fee you pay to a broker to buy investment property, such as stocks or bonds. You must add the fee to the
cost of the property.
You cannot deduct the fee you pay to a broker to sell securities. You can use the fee only to figure gain or loss from the
sale. See the
instructions for columns (d) and (e) of Schedule D (Form 1040) for information on how to report the fee.
Hobby Expenses
You can generally deduct hobby expenses, but only up to the amount of hobby income. A hobby is not a business because it is
not carried on to make
a profit. See Activity not for profit in chapter 13 under Other Income.
Indirect Deductions of
Pass-Through Entities
Pass-through entities include partnerships, S corporations, and mutual funds that are not publicly offered. Deductions of
pass-through entities are
passed through to the partners or shareholders. The partners or shareholders can deduct their share of passed-through deductions
for investment
expenses as miscellaneous itemized deductions subject to the 2% limit.
Example.
You are a member of an investment club that is formed solely to invest in securities. The club is treated as a partnership.
The partnership's
income is solely from taxable dividends, interest, and gains from sales of securities. In this case, you can deduct your share
of the partnership's
operating expenses as miscellaneous itemized deductions subject to the 2% limit. However, if the investment club partnership
has investments that also
produce nontaxable income, you cannot deduct your share of the partnership's expenses that produce the nontaxable income.
Publicly offered mutual funds.
Publicly offered mutual funds do not pass deductions for investment expenses through to shareholders. A mutual fund
is “publicly offered” if
it is:
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Continuously offered pursuant to a public offering,
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Regularly traded on an established securities market, or
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Held by or for at least 500 persons at all times during the tax year.
A publicly offered mutual fund will send you a Form 1099–DIV, Dividends and Distributions, or a substitute form, showing the net
amount of dividend income (gross dividends minus investment expenses). This net figure is the amount you report on your return
as income. You cannot
deduct investment expenses.
Information returns.
You should receive information returns from pass-through entities.
Partnerships and S corporations.
These entities issue Schedule K–1, which lists the items and amounts you must report and identifies the tax return
schedules and lines to
use.
Nonpublicly offered mutual funds.
These funds will send you a Form 1099–DIV, or a substitute form, showing your share of gross income and investment
expenses. You can claim
the expenses only as a miscellaneous itemized deduction subject to the 2% limit.
Investment Fees and Expenses
You can deduct investment fees, custodial fees, trust administration fees, and other expenses you paid for managing your investments
that produce
taxable income.
Legal Expenses
You can usually deduct legal expenses that you incur in attempting to produce or collect taxable income or that you pay in
connection with the
determination, collection, or refund of any tax.
You can also deduct legal expenses that are:
-
Related to either doing or keeping your job, such as those you paid to defend yourself against criminal charges arising out
of your trade or
business,
-
For tax advice related to a divorce, if the bill specifies how much is for tax advice and it is determined in a reasonable
way, or
-
To collect taxable alimony.
You can deduct expenses of resolving tax issues relating to profit or loss from business (Schedule C or C–EZ), rentals or
royalties (Schedule
E), or farm income and expenses (Schedule F) on the appropriate schedule. You deduct expenses of resolving nonbusiness tax
issues on Schedule A (Form
1040). See Tax Preparation Fees, earlier.
Loss on Deposits
For information on whether, and if so, how, you may deduct a loss on your deposit in a qualified financial institution, see
Deposit in
Insolvent or Bankrupt Financial Institution in chapter 15.
Repayments of Income
If you had to repay an amount that you included in income in an earlier year, you may be able to deduct the amount you repaid.
If the amount you
had to repay was ordinary income of $3,000 or less, the deduction is subject to the 2% limit. If it was more than $3,000,
see Repayments Under
Claim of Right under Deductions Not Subject to the 2% Limit, later.
Repayments of
Social Security Benefits
For information on how to deduct your repayments of certain social security benefits, see Repayments More Than Gross Benefits in chapter
12.
Safe Deposit Box Rent
You can deduct safe deposit box rent if you use the box to store taxable income-producing stocks, bonds, or investment-related
papers and
documents. You cannot deduct the rent if you use the box only for jewelry, other personal items, or tax-exempt securities.
Service Charges on
Dividend Reinvestment Plans
You can deduct service charges you pay as a subscriber in a dividend reinvestment plan. These service charges include payments
for:
-
Holding shares acquired through a plan,
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Collecting and reinvesting cash dividends, and
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Keeping individual records and providing detailed statements of accounts.
Trustee's Administrative
Fees for IRA
Trustee's administrative fees that are billed separately and paid by you in connection with your individual retirement arrangement
(IRA) are
deductible (if they are ordinary and necessary) as a miscellaneous itemized deduction subject to the 2% limit. For more information
about IRAs, see
chapter 18.
Deductions
Not Subject to
the 2% Limit
You can deduct the items listed below as miscellaneous itemized deductions. They are not subject to the 2% limit. Report these
items on line 27,
Schedule A (Form 1040).
List of Deductions
Each of the following items are discussed in detail after the list.
-
Amortizable premium on taxable bonds.
-
Casualty and theft losses from income-producing property.
-
Federal estate tax on income in respect of a decedent.
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Gambling losses up to the amount of gambling winnings.
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Impairment-related work expenses of persons with disabilities.
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Repayments of more than $3,000 under a claim of right.
-
Unrecovered investment in an annuity.
Amortizable Premium
on Taxable Bonds
In general, if the amount you pay for a bond is greater than its stated principal amount, the excess is bond premium. You
can elect to amortize the
premium on taxable bonds. The amortization of the premium is generally an offset to interest income on the bond rather than
a separate deduction item.
Part of the premium on some bonds may be a miscellaneous deduction not subject to the 2% limit. For more information, see
Amortizable Premium
on Taxable Bonds in Publication 529, and Bond Premium Amortization in chapter 3 of Publication 550, Investment Income and
Expenses.
Certain Casualty and
Theft Losses
You can deduct a casualty or theft loss as a miscellaneous itemized deduction not subject to the 2% limit if the damaged or
stolen property was
income-producing property (property held for investment, such as stocks, notes, bonds, gold, silver, vacant lots, and works
of art). First, report the
loss in Section B of Form 4684. You may also have to include the loss on Form 4797 if you are otherwise required to file that
form. Your deduction is
the amount of the loss included on lines 32 and 38b of Form 4684, and line 18b(1) of Form 4797. For more information on casualty
and theft losses, see
chapter 27.
Federal Estate Tax on Income
in Respect of a Decedent
You can deduct the federal estate tax attributable to income in respect of a decedent that you as a beneficiary include in
your gross income.
Income in respect of the decedent is gross income that the decedent would have received had death not occurred and that was
not properly includible in
the decedent's final income tax return. See Publication 559 for more information.
Gambling Losses Up to the
Amount of Gambling Winnings
You must report the full amount of your gambling winnings for the year on line 21, Form 1040. You deduct your gambling losses
for the year on line
27, Schedule A (Form 1040). You cannot deduct gambling losses that are more than your winnings.
You cannot reduce your gambling winnings by your gambling losses and report the difference. You must report the full amount
of your winnings as
income and claim your losses up to the amount of winnings as an itemized deduction. Therefore, your records should show your
winnings separately from
your losses.
Diary of winnings and losses.
You must keep an accurate diary or similar record of your losses and winnings.
Your diary should contain at least the following information.
-
The date and type of your specific wager or wagering activity.
-
The name and address or location of the gambling establishment.
-
The names of other persons present with you at the gambling establishment.
-
The amount(s) you won or lost.
See Publication 529 for more information.
Impairment-Related
Work Expenses
If you have a physical or mental disability that limits your being employed, or substantially limits one or more of your major
life activities,
such as performing manual tasks, walking, speaking, breathing, learning, and working, you can deduct your impairment-related
work expenses.
Impairment-related work expenses are ordinary and necessary business expenses for attendant care services at your place of
work and for other
expenses in connection with your place of work that are necessary for you to be able to work.
Where to report.
If you are an employee, you enter impairment-related work expenses on Form 2106 or Form 2106–EZ. Enter on line 27,
Schedule A (Form 1040),
that part of the amount on line 10 of Form 2106, or line 6 of Form 2106–EZ, that is related to your impairment. Enter the
amount that is
unrelated to your impairment on line 20, Schedule A (Form 1040).
Repayments Under
Claim of Right
If you had to repay more than $3,000 that you included in your income in an earlier year because at the time you thought you
had an unrestricted
right to it, you may be able to deduct the amount you repaid or take a credit against your tax. See Repayments in chapter 13 for more
information.
Unrecovered Investment
in Annuity
A retiree who contributed to the cost of an annuity can exclude from income a part of each payment received as a tax-free
return of the retiree's
investment. If the retiree dies before the entire investment is recovered tax free, any unrecovered investment can be deducted
on the retiree's final
income tax return. See chapter 11 for more information about the tax treatment of pensions and annuities.
Officials Paid on a Fee Basis
If you are a fee-basis official, you can claim your expenses in performing services in that job as an adjustment to income
rather than as a
miscellaneous itemized deduction. To qualify as a fee-basis official, you must be employed by a state or local government
and be paid in whole or in
part on a fee basis.
Where to report.
If you qualify as a fee-basis official, you should first complete Form 2106 or Form 2106–EZ. Then include your expenses
in performing
services in that job (line 10 of Form 2106 or line 6 of Form 2106–EZ) on line 33 of Form 1040. Then write “FBO” and the amount of those
expenses on the dotted line next to line 33 of Form 1040.
Nondeductible Expenses
Examples of nondeductible expenses are listed next. The list is followed by discussions of additional nondeductible expenses.
List of Nondeductible Expenses
-
Broker's commissions that you paid in connection with your IRA or other investment property.
-
Burial or funeral expenses, including the cost of a cemetery lot.
-
Capital expenses.
-
Fees and licenses, such as car licenses, marriage licenses, and dog tags.
-
Hobby losses — But see Hobby Expenses, earlier.
-
Home repairs, insurance, and rent.
-
Illegal bribes and kickbacks—See Bribes and kickbacks in chapter 13 of Publication 535.
-
Losses from the sale of your home, furniture, personal car, etc.
-
Personal disability insurance premiums.
-
Personal, living, or family expenses.
-
The value of wages never received or lost vacation time.
Adoption Expenses
You cannot deduct the expenses of adopting a child, but you may be able to take a credit for those expenses. See chapter 39.
Campaign Expenses
You cannot deduct campaign expenses of a candidate for any office, even if the candidate is running for reelection to the
office. These include
qualification and registration fees for primary elections.
Legal fees.
You cannot deduct legal fees paid to defend charges that arise from participation in a political campaign.
Check-Writing Fees
on Personal Account
If you have a personal checking account, you cannot deduct fees charged by the bank for the privilege of writing checks, even
if the account pays
interest.
Club Dues
Generally, you cannot deduct the cost of membership in any club organized for business, pleasure, recreation, or other social
purpose. This
includes business, social, athletic, luncheon, sporting, airline, hotel, golf, and country clubs. For exceptions, see Dues to Chambers of
Commerce and Professional Societies under Unreimbursed Employee Expenses, earlier.
Commuting Expenses
You cannot deduct commuting expenses (the cost of transportation between your home and your main or regular place of work).
If you haul tools,
instruments, or other items, in your car to and from work, you can deduct only the additional cost of hauling the items such
as the rent on a trailer
to carry the items.
Fines or Penalties
You cannot deduct fines or penalties you pay to a governmental unit for violating a law. This includes an amount paid in settlement
of your actual
or potential liability for a fine or penalty (civil or criminal). Fines or penalties include parking tickets, tax penalties,
and penalties deducted
from teachers' paychecks after an illegal strike.
Health Spa Expenses
You cannot deduct health spa expenses, even if there is a job requirement to stay in excellent physical condition, such as
might be required of a
law enforcement officer.
Home Security System
You cannot deduct the cost of a home security system as a miscellaneous deduction. However, you may be able to claim a deduction
for a home
security system as a business expense if you have a home office. See Home Office under Unreimbursed Employee Expenses, earlier,
and Security System under Deducting Expenses in Publication 587.
Homeowners' Insurance Premiums
You cannot deduct premiums that you pay or that are placed in escrow for insurance on your home, such as fire and liability
or mortgage insurance.
Investment-Related Seminars
You cannot deduct any expenses for attending a convention, seminar, or similar meeting for investment purposes.
Life Insurance Premiums
You cannot deduct premiums you pay on your life insurance. You may be able to deduct, as alimony, premiums you pay on life
insurance policies
assigned to your former spouse. See chapter 20 for information on alimony.
Lobbying Expenses
You generally cannot deduct amounts paid or incurred for lobbying expenses. These include expenses to:
-
Influence legislation,
-
Participate or intervene in any political campaign for, or against, any candidate for public office,
-
Attempt to influence the general public, or segments of the public, about elections, legislative matters, or referendums,
or
-
Communicate directly with covered executive branch officials in any attempt to influence the official actions or positions
of those
officials.
Lobbying expenses also include any amounts paid or incurred for research, preparation, planning, or coordination of any of
these activities.
Dues used for lobbying.
If a tax-exempt organization notifies you that part of the dues or other amounts you pay to the organization are used
to pay nondeductible lobbying
expenses, you cannot deduct that part. See Lobbying Expenses in Publication 529 for information on exceptions.
Lost or Mislaid
Cash or Property
You cannot deduct a loss based on the mere disappearance of money or property. However, an accidental loss or disappearance
of property can qualify
as a casualty if it results from an identifiable event that is sudden, unexpected, or unusual. See chapter 27.
Example.
A car door is accidentally slammed on your hand, breaking the setting of your diamond ring. The diamond falls from the ring
and is never found. The
loss of the diamond is a casualty.
Lunches With Coworkers
You cannot deduct the expenses of lunches with co-workers, except while traveling away from home on business. See chapter
28 for information on
deductible expenses while traveling away from home.
Meals While Working Late
You cannot deduct the cost of meals while working late. However, you may be able to claim a deduction if the cost of meals
is a deductible
entertainment expense, or if you are traveling away from home. See chapter 28 for information on deductible entertainment
expenses and expenses while
traveling away from home.
Personal Legal Expenses
You cannot deduct personal legal expenses such as those for the following.
-
Custody of children.
-
Breach of promise (to marry) suit.
-
Civil or criminal charges resulting from a personal relationship.
-
Damages for personal injury.
-
Preparation of a title (or defense or perfection of a title).
-
Preparation of a will.
-
Property claims or property settlement in a divorce.
You cannot deduct these expenses even if a result of the legal proceeding is the loss of income-producing property.
Political Contributions
You cannot deduct contributions made to a political candidate, a campaign committee, or a newsletter fund. Advertisements
in convention bulletins
and admissions to dinners or programs that benefit a political party or political candidate are not deductible.
Professional Accreditation Fees
You cannot deduct professional accreditation fees such as the following.
-
Accounting certificate fees paid for the initial right to practice accounting.
-
Bar exam fees and incidental expenses in securing admission to the bar.
-
Medical and dental license fees paid to get initial licensing.
Professional reputation
You cannot deduct expenses of radio and TV appearances to increase your personal prestige or establish your professional reputation.
Relief Fund Contributions
You cannot deduct contributions paid to a private plan that pays benefits to any covered employee who cannot work because
of any injury or illness
not related to the job.
Residential Telephone Service
You cannot deduct any charge (including taxes) for basic local telephone service for the first telephone line to your residence,
even if it is used
in a trade or business.
Stockholders' Meetings
You cannot deduct transportation and other expenses you pay to attend stockholders' meetings of companies in which you own
stock but have no other
interest. You cannot deduct these expenses even if you are attending the meeting to get information that would be useful in
making further
investments.
Tax-Exempt Income Expenses
You cannot deduct expenses to produce tax-exempt income. You cannot deduct interest on a debt incurred or continued to buy
or carry
tax-exempt securities.
If you have expenses to produce both taxable and tax-exempt income, but you cannot identify the expenses that produce each
type of income, you must
divide the expenses based on the amount of each type of income to determine the amount that you can deduct.
Example.
During the year, you received taxable interest of $4,800 and tax-exempt interest of $1,200. In earning this income, you had
total expenses of $500
during the year. You cannot identify the amount of each expense item that is for each income item. Therefore, 80% ($4,800/$6,000)
of the expense is
for the taxable interest and 20% ($1,200/$6,000) is for the tax-exempt interest. You can deduct, subject to the 2% limit,
expenses of $400 (80% of
$500).
Travel Expenses for
Another Individual
You generally cannot deduct travel expenses you pay or incur for a spouse, dependent, or other individual who accompanies
you (or your employee) on
business travel. See chapter 28 for more information on deductible travel expenses.
Voluntary Unemployment
Benefit Fund Contributions
You cannot deduct voluntary unemployment benefit fund contributions you make to a union fund or a private fund. However, you
can deduct
contributions as taxes if state law requires you to make them to a state unemployment fund that covers you for the loss of
wages from unemployment
caused by business conditions.
Wristwatches
You cannot deduct the cost of a wristwatch, even if there is a job requirement that you know the correct time to properly
perform your duties.
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