| Pub. 529, Miscellaneous Deductions |
2006 Tax Year |
Publication 529 - Main Contents
Deductions Subject to the 2% Limit
You can deduct certain expenses as miscellaneous itemized deductions on Schedule A (Form 1040 or Form 1040NR). 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 Form 1040, line 38, or Form 1040NR, line 36.
Generally, you apply the 2% limit after you apply any other deduction limit. For example, you apply the 50% (or 75%) limit
on business-related
meals and entertainment (discussed later under Travel, Transportation, Meal, Entertainment, and Gift Expenses) 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:
-
Unreimbursed employee expenses (line 20 for Form 1040 and line 9 for Form 1040NR).
-
Tax preparation fees (line 21 for Form 1040 and line 10 for Form 1040NR).
-
Other expenses (line 22 for Form 1040 and line 11 for Form 1040NR).
Exceptions to 2% limit.
The following paragraphs describe certain employee business expenses that are not subject to the 2% limit. Certain
legal fees not subject to the 2%
limit are also discussed.
Armed Forces reservists.
If you are a member of a reserve component of the Armed Forces of the United States, and you travel more than 100
miles away from home in
connection with your performance of services as a member of the reserves, you may be able to deduct some of your reserve-related
travel costs as an
adjustment to gross income rather than as an itemized deduction. For more information, see Armed Forces Reservists Traveling More Than 100 Miles
From Home, under Deductions Not Subject to the 2% Limit, later.
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 Performing Artists under Deductions Not Subject to the 2% Limit, later.
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.
Unlawful discrimination claims legal fees.
You may be able to deduct attorney fees and court costs for actions involving a claim of unlawful discrimination,
a claim against the U. S.
Government, or a claim made under section 1862(b)(3)(A) of the Social Security Act, as an adjustment to income on Form 1040,
line 36, or Form 1040NR,
line 34, rather than as a miscellaneous itemized deduction. See Legal Expenses under Other Expenses, later.
Unreimbursed Employee Expenses
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 trade, business, or profession. An expense is necessary if it
is appropriate and
helpful to your business. An expense does not have to be required to be considered necessary.
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 an employment contract.
-
Depreciation on a computer or cell phone your employer requires you to use in your work.
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Dues to a chamber of commerce if membership helps you do your job.
-
Dues to professional societies.
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Home office or part of your home used regularly and exclusively in your work.
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Job search expenses in your present occupation.
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Laboratory breakage fees.
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Legal fees related to your job.
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Licenses and regulatory fees.
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Malpractice insurance premiums.
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Medical examinations required by an employer.
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Occupational taxes.
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Passport for a business trip.
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Repayment of an income aid payment received under an employer's plan.
-
Research expenses of a college professor.
-
Rural mail carriers' vehicle expenses.
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Subscriptions to professional journals and trade magazines related to your work.
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Tools and supplies used in your work.
-
Travel, transportation, entertainment, and gift expenses related to your work.
-
Union dues and expenses.
-
Work clothes and uniforms if required and not suitable for everyday use.
-
Work-related education.
A business bad debt is a loss from a debt created or acquired in your trade or business. Any other worthless debt is a business
bad debt only if
there is a very close relationship between the debt and your trade or business when the debt becomes worthless.
A debt has a very close relationship to your trade or business 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 make the loan in order to
keep your job. You have a
business bad debt as an employee.
More information.
For more information on business bad debts, see chapter 10 in Publication 535. For information on nonbusiness bad
debts, see chapter 4 in
Publication 550, Investment Income and Expenses.
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 if the damages are attributable to
the pay you received
from that employer.
Depreciation on Computers or Cell Phones
You can claim a depreciation deduction for a computer or cell phone 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 the convenience of your employer.
This means that your use of the computer or cell phone is for a substantial business reason of your employer. You
must consider all facts in making
this determination. Use of your computer or cell phone during your regular working hours to carry on your employer's business
is generally for the
convenience of your employer.
Required as a condition of your employment.
This means that you cannot properly perform your duties without the computer or cell phone. Whether you can properly
perform your duties without it
depends on all the facts and circumstances. It is not necessary that your employer explicitly requires you to use your computer
or cell phone. But
neither is it enough that your employer merely states that your use of the item is a condition of your employment.
Example.
You are an engineer with an engineering firm. You occasionally take work home at night rather than work late at the office.
You own and use a
computer that is similar to the one you use at the office to complete your work at home. Since your use of the computer is
not for the convenience of
your employer and is not required as a condition of your employment, you cannot claim a depreciation deduction for it.
Which depreciation method to use.
The depreciation method you use depends on whether you meet the more-than-50%-use test.
More-than-50%-use test met.
You meet this test if you use the computer or cell phone more than 50% in your work. If you meet 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 the year you
place the item in
service.
More-than-50%-use test not met.
If you do not meet the more-than-50%-use test, you are limited to the straight line method of depreciation under the
Alternative Depreciation
System (ADS). You also cannot claim the section 179 deduction. (But if you use your computer in a home office, see the exception
below.)
Investment use.
Your use of a computer or cell phone in connection with investments (described later under Other Expenses) does not count as use in your
work. However, you can combine your investment use with your work use in figuring 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 can claim accelerated depreciation using GDS for a computer used in a qualifying home office, even if you do not use
it
more than 50% in your work. You also may be able to take a section 179 deduction for the year you place the computer in service.
More information.
For more information on depreciation and the section 179 deduction for computers and other items used in a home office,
see Business Furniture
and Equipment in Publication 587. Also see chapter 5 of Publication 946. Publication 946 has detailed information about the section 179
deduction and depreciation deductions using GDS and ADS.
Reporting your depreciation deduction.
Use Part V of Form 4562, Depreciation and Amortization, to claim the depreciation deduction
for a cell phone or for a computer that you did not use only in your home office. Complete Form 4562, Part I, if you are claiming
a section 179
deduction. However, if you file Form 2106 or 2106-EZ, claim your depreciation deduction on that form and not on Form 4562.
Computer used in a home office.
Use Form 4562, Part III, to claim the depreciation deduction for a computer you placed in service during 2006 and
used only in your home office.
Complete Form 4562, Part I, if you are claiming a section 179 deduction.
Do not use Form 4562 to claim the depreciation deduction for a computer you placed in service
before 2006 and used only in your home office, unless you are otherwise required to file Form 4562. Instead, report the depreciation
directly on the
appropriate form. (See How To Report, later.) But if you are otherwise required to file Form 4562, report the depreciation in Part III,
line 17.
You must keep records to prove your percentage of business and investment use.
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:
You cannot deduct dues paid to an organization if one of its main purposes is to:
-
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 Lobbying Expenses under Nondeductible Expenses, later.
You can deduct expenses you have for education, even if the education may lead to a degree, if the education meets at least
one of the following
two tests.
-
It maintains or improves skills required in your present work.
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It is required by your employer or the law to keep your salary, status, or job, and the requirement serves a business purpose
of your
employer.
If your education meets either of these tests, you can deduct expenses for tuition, books, supplies, laboratory fees, and
similar items, and
certain transportation costs.
You cannot deduct expenses you have for education, even though one or both of the preceding tests are met, if the education:
-
Is needed to meet the minimum educational requirements to qualify you in your work or business, or
-
Will lead to qualifying you in a new trade or business.
If the education qualifies you for a new trade or business, you cannot deduct the educational expenses even if you do not
intend to enter that
trade or business.
Travel as education.
You cannot deduct the cost of travel that in itself constitutes a form of education. For example, a French teacher
who travels to France to
maintain general familiarity with the French language and culture cannot deduct the cost of the trip as an educational expense.
More information.
See chapter 11 of Publication 970 for a complete discussion of the deduction for work-related
education expenses.
In 2005, if you were an eligible educator, you could deduct your qualified educator expenses as an adjustment to income up
to a certain amount. If
your ordinary and necessary educator expenses were over that amount, you could deduct the excess as a miscellaneous deduction
subject to the 2% limit.
The provision that allowed qualified educator expenses to be deducted as an adjustment to income expired at the end of 2005.
For 2006, you can deduct
ordinary and necessary educator expenses only as a miscellaneous deduction (unreimbursed employee business expenses). See
the instructions for Form
2106 or Form 2106-EZ for more information.
At the time this publication went to print, Congress was considering legislation that would extend the deduction for educator
expenses as an
adjustment to income. To find out if this legislation was enacted, and for more details, go to www.irs.gov, click on More
Forms and
Publications, and then on What's Hot in forms and publications, or see Pub. 553.
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:
-
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
-
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.
Principal place of business.
If you have more than one place of business, the business part of your home is your principal place of business if:
-
You use it regularly and exclusively for administrative or management activities of your trade or business, and
-
You have no other fixed location where you conduct substantial administrative or management activities of your trade or
business.
Otherwise, the location of your principal place of business generally depends on the relative importance of the activities
performed at each
location and the time spent at each location.
You should keep records that will give the information needed to figure the deduction according to these rules.
Also keep canceled checks, substitute checks, or account statements and receipts of the expenses paid to prove the deductions
you claim.
More information.
See Publication 587 for more detailed information and a worksheet for figuring the deduction.
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
these expenses if:
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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 Publication 525.
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 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 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 can choose to use the standard mileage rate to figure your car expenses. The rate for business use of
a vehicle for 2006 is 44½ cents per mile. See Publication 463 for more information on travel and car expenses.
You can deduct legal fees related to doing or keeping your job.
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.
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 your research expenses, including travel expenses, for teaching, lecturing,
or writing and
publishing on subjects that relate directly to 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.
Rural Mail Carriers' Vehicle Expenses
If your expenses to use a vehicle in performing services as 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.
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, see
Publication 946.
Travel, Transportation, Meal, Entertainment, and Gift Expenses
If you are an employee and have ordinary and necessary business-related expenses for travel away from home, local transportation,
entertainment,
and gifts, you may be able to deduct these expenses. Generally, you must file Form 2106 or 2106-EZ to claim these expenses.
Travel expenses.
Travel expenses are those incurred while traveling away from home for your employer. You can deduct travel expenses
paid or incurred in connection
with a temporary work assignment. Generally, you cannot deduct travel expenses paid or incurred in connection with an 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,
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Baggage charges, and
-
Cleaning and laundry expenses.
Travel expenses are discussed more fully in chapter 1 of Publication 463.
Temporary work assignment.
If your assignment or job away from home in a single location is realistically expected to last (and does in fact
last) for 1 year or less, it is
temporary, unless there are facts and circumstances that indicate it is not.
Indefinite work assignment.
If your assignment or job away from home in a single location is realistically expected to last for more than 1 year,
it is indefinite, whether or
not it actually lasts for more than 1 year.
Employment that is initially temporary may become indefinite due to changed circumstances.
Federal crime investigation and prosecution.
If you are a federal employee participating in a federal crime investigation or prosecution, you are not subject to
the 1-year rule for deducting
temporary travel expenses. This means that you may be able to deduct travel expenses even if you are away from your tax home
for more than one year.
To qualify, the Attorney General must certify that you are traveling:
-
For the Federal Government,
-
In a temporary duty status, and
-
To investigate, prosecute, or provide support services for the investigation or prosecution of a federal crime.
Local transportation expenses.
Local transportation expenses are the expenses of getting from one workplace to another when you are not traveling
away from home. 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 rate for business use of a vehicle
for 2006 is 44½
cents per mile.
Work at two places in a day.
If you work at two places in a day, whether or not for the same employer, you can generally deduct the expenses of
getting from one workplace to
the other.
Temporary work location.
You can deduct expenses incurred in going between your home and a temporary work location if at least one of the following
applies.
-
The work location is outside the metropolitan area where you live and normally work.
-
You have at least one regular work location (other than your home) for the same trade or business. (If this applies, the distance
between
your home and the temporary work location does not matter.)
For this purpose, a work location is generally considered temporary if your work there is realistically expected to
last (and does in fact last)
for 1 year or less. It is not temporary if your work there is realistically expected to last for more than 1 year, even if
it actually lasts for 1
year or less. If your work there initially is realistically expected to last for 1 year or less, but later is realistically
expected to last for more
than 1 year, the work location is generally considered temporary until the date your realistic expectation changes and not
temporary after that date.
For more information, see chapter 1 of Publication 463.
Home office.
You can deduct expenses incurred in going between your home and a workplace if your home is your principal place of
business for the same trade or
business. (In this situation, whether the other workplace is temporary or regular and its distance from your home do not matter.)
See Home
Office, earlier, for a discussion on the use of your home as your principal place of business.
Meals and entertainment.
Generally, you can deduct entertainment expenses (including entertainment-related meals) only if they are directly
related to the active conduct of
your trade or business. However, the expense only needs to be associated with the active conduct of your trade or business
if it directly precedes or
follows a substantial and bona fide business-related discussion.
You can deduct only 50% of your business-related meal and entertainment expenses unless the expenses meet certain
exceptions. You apply this 50%
limit before you apply the 2%-of-adjusted-gross-income limit.
Meals when subject to “hours of service” limits.
You can deduct 75% of your business-related meal expenses if you consume the meals during or incident to any period
subject to the Department of
Transportation's “ hours of service” limits. You apply this 75% limit before you apply the 2%-of-adjusted-gross-income limit.
Gift expenses.
You can generally deduct up to $25 of business gifts you give to any one individual during the year. The following
items do not count toward the
$25 limit.
-
Identical, widely distributed items costing $4 or less that have your name clearly and permanently imprinted.
-
Signs, racks, and promotional materials to be displayed on the business premises of the recipient.
Additional information.
See Publication 463 for more information on travel, transportation, meal,
entertainment, and gift expenses, and reimbursements for these 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.
-
You must wear them as a condition of your employment.
-
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 that 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.
If you are a student at an armed forces academy, you cannot deduct the cost of your uniforms if they replace regular
clothing. However, you can
deduct the cost of insignia, shoulder boards, and related items.
You can deduct the cost of your uniforms if you are a civilian faculty or staff member of a
military school.
You can usually deduct tax preparation fees in the year you pay them. Thus, on your 2006 return, you can deduct fees paid
in 2006 for preparing
your 2005 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. However, if you paid your tax by credit card, you cannot deduct the convenience fee you
were charged.
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 expenses of preparing the remainder of the return
on Form 1040, Schedule A,
line 21, or Form 1040NR, Schedule A, line 10.
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,
-
To manage, conserve, or maintain property held for producing such income, or
-
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.
These other expenses include the following items.
-
Appraisal fees for a casualty loss or charitable contribution.
-
Casualty and theft losses from property used in performing services as an employee.
-
Clerical help and office rent in caring for investments.
-
Depreciation on home computers used for investments.
-
Excess deductions (including administrative expenses) allowed a beneficiary on termination of an estate or trust.
-
Fees to collect interest and dividends.
-
Hobby expenses, but generally not more than hobby income.
-
Indirect miscellaneous deductions of pass-through entities.
-
Investment fees and expenses.
-
Legal fees related to producing or collecting taxable income or getting tax advice.
-
Loss on traditional IRAs or Roth IRAs, when all amounts have been distributed to you.
-
Loss on deposits in an insolvent or bankrupt financial institution.
-
Repayments of income.
-
Repayments of social security benefits.
-
Safe deposit box rental.
-
Service charges on dividend reinvestment plans.
-
Tax advice fees.
-
Trustee's fees for your IRA, if separately billed and paid.
If the expenses you pay produce income that is only partially taxable, see Tax-Exempt Income Expenses, later, under
Nondeductible Expenses.
You can deduct appraisal fees if you pay them to figure a casualty loss or the fair market value of donated property.
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. To figure your deduction, add all
casualty or theft losses
from this type of property included on Form 4684, lines 35 and 41b, or Form 4797, line 18a. For more information on casualty
and theft losses, see
Publication 547, Casualties, Disasters, and Thefts.
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 Depreciation on Computers or Cell Phones under Unreimbursed
Employee Expenses, earlier. For more information on depreciation, 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.
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 Not-for-Profit Activities in chapter 1 of Publication 535.
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:
-
Continuously offered pursuant to a public offering,
-
Regularly traded on an established securities market, or
-
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.
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
or Form 1040NR). See Tax Preparation Fees, earlier.
Unlawful discrimination claims.
You may be able to deduct, as an adjustment to income on Form 1040, line 36, or Form 1040NR, line 34, rather than
as a miscellaneous itemized
deduction, attorney fees and court costs for actions settled or decided after October 22, 2004, involving a claim of unlawful
discrimination, a claim
against the U. S. Government, or a claim made under section 1862(b)(3)(A) of the Social Security Act. However, the amount
you can deduct on Form 1040,
line 36, or Form 1040NR, line 34, is limited to the amount you included in gross income in 2006 for that claim. The rest of
your attorney fees and
court costs for this type of claim are deductible as a miscellaneous itemized deduction subject to the 2% limit. See Publication
525 for more
information.
If you can reasonably estimate the amount of your loss on money you have on deposit in a financial institution that becomes
insolvent or bankrupt,
you can generally choose to deduct it in the current year even though its exact amount has not been finally determined. Once
you make this choice, you
cannot change it without IRS approval.
If none of the deposit is federally insured, you can deduct the loss in either of the following ways.
-
As a miscellaneous itemized deduction subject to the 2% limit. Write the name of the financial institution and “Insolvent Financial
Institution” beside the amount on Schedule A (Form 1040), line 22, or Schedule A (Form 1040NR), line 11. This deduction is limited to
$20,000
($10,000 if you are married filing separately) for each financial institution, reduced by any expected state insurance proceeds.
-
As a casualty loss. See Publication 547 for details.
If any part of the deposit is federally insured, you can deduct the loss only as a casualty loss.
Exception.
You cannot make this choice if you are a 1%-or-more-owner or an officer of the financial institution, or are related
to such owner or officer. For
a definition of “ related,” see Deposit in Insolvent or Bankrupt Financial Institution in chapter 4 of Publication 550.
Actual loss different from estimated loss.
If you make this choice and your actual loss is less than your estimated loss, you must include the excess in income.
See Recoveries in
Publication 525. If your actual loss is more than your estimated loss, treat the excess loss as explained under Choice not made, next.
Choice not made.
If you do not make this choice (or if you have an excess actual loss after choosing to deduct your estimated loss),
treat your loss (or excess
loss) as a nonbusiness bad debt (deductible as a short-term capital loss) in the year its amount is finally determined. See
Nonbusiness Bad Debts
in chapter 4 of Publication 550.
If you have a loss on your traditional IRA (or Roth IRA) investment, you can deduct the
loss as a miscellaneous itemized deduction subject to the 2% limit, but only when all the amounts in all your traditional
IRA (or Roth IRA) accounts
have been distributed to you and the total distributions are less than your unrecovered basis. For more information, see Publication
590, Individual
Retirement Arrangements (IRAs).
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
If the total of the amounts in box 5 (net benefits for 2006) of all your Forms SSA-1099, Social Security Benefit Statement,
and Forms RRB-1099,
Payments By the Railroad Retirement Board, is a negative figure (a figure in parentheses), you may be able to take a miscellaneous
itemized deduction
subject to the 2% limit. The amount you can deduct is the part of the negative figure that represents an amount you included
in gross income in an
earlier year.
The amount in box 5 of Form SSA-1099 or RRB-1099 is the net amount of your benefits for the year. It will be a negative figure
if the amount of
benefits you repaid in 2006 (box 4) is more than the gross amount of benefits paid to you in 2006 (box 3).
If the deduction is more than $3,000, you will have to use a special computation to figure your tax. See Publication 915,
Social Security and
Equivalent Railroad Retirement Benefits, for additional information.
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,
-
Collecting and reinvesting cash dividends, and
-
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 IRA are deductible (if they
are ordinary and
necessary) as a miscellaneous itemized deduction subject to the 2% limit.
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 Schedule A
(Form 1040), line 27, or Schedule A (Form 1040NR), line 16.
-
Amortizable premium on taxable bonds.
-
Casualty and theft losses from income-producing property.
-
Federal estate tax on income in respect of a decedent.
-
Gambling losses up to the amount of gambling winnings.
-
Impairment-related work expenses of persons with disabilities.
-
Loss from other activities from Schedule K-1 (Form 1065-B), box 2.
-
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.
Pre-1998 election to amortize bond premium.
Generally, if you first elected to amortize bond premium before 1998, the above treatment of the premium does not
apply to bonds you acquired
before 1988.
Bonds acquired after October 22, 1986, and before 1988.
The amortization of the premium on these bonds is investment interest expense subject to the investment interest limit,
unless you chose to treat
it as an offset to interest income on the bond.
Bonds acquired before October 23, 1986.
The amortization of the premium on these bonds is a miscellaneous itemized deduction not subject to the 2% limit.
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