{"id":68954,"date":"2024-07-05T12:05:08","date_gmt":"2024-07-05T16:05:08","guid":{"rendered":"https:\/\/ontheridgemagazine.com\/index.php\/2024\/07\/05\/what-expenses-cant-be-written-off-by-your-business\/"},"modified":"2024-07-05T12:09:20","modified_gmt":"2024-07-05T16:09:20","slug":"what-expenses-cant-be-written-off-by-your-business","status":"publish","type":"post","link":"https:\/\/www.winterhavendaily.com\/index.php\/2024\/07\/05\/what-expenses-cant-be-written-off-by-your-business\/","title":{"rendered":"What Expenses Can’t Be Written Off by Your Business?"},"content":{"rendered":"\n

What Expenses Can’t Be Written Off by Your Business?<\/p>\n\n\n\n

If you check the Internal Revenue Code, you may be surprised to find that most business deductions aren\u2019t specifically listed there. For example, the tax law doesn\u2019t explicitly state that you can deduct office supplies and certain other expenses. Some expenses are detailed in the tax code, but the general rule is contained in the first sentence of Section 162, which states you can write off \u201call the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business.\u201d<\/p>\n\n\n\n

Basic Definitions<\/p>\n\n\n\n

In general, an expense is ordinary<\/em> if it\u2019s considered common or customary in the particular trade or business. For example, insurance premiums to protect a store would be an ordinary business expense in the retail industry. <\/p>\n\n\n\n

A necessary<\/em> expense is one that\u2019s helpful or appropriate. For example, a car dealership may purchase an automatic defibrillator. It may not be necessary for the business operation, but it might be helpful if an employee or customer suffers a heart attack. It\u2019s possible for an ordinary expense to be un<\/em>necessary. But to be deductible, an expense must be ordinary and<\/em> necessary. <\/p>\n\n\n\n

A deductible amount must be reasonable in relation to the benefit expected. For example, if you\u2019re attempting to land a $3,000 deal, a $65 lunch with the potential client should be OK with the IRS. (The Tax Cuts and Jobs Act eliminated most deductions for entertainment expenses but retained a 50% deduction for business meals.)<\/p>\n\n\n\n

How the Courts May View Expenses<\/p>\n\n\n\n

The deductibility of some expenses is clear, while others are more complicated. Not surprisingly, the IRS and courts don\u2019t always agree with taxpayers about what is ordinary and necessary. To illustrate, here are three recent U.S. Tax Court cases in which specific taxpayer deductions were disallowed:<\/p>\n\n\n\n

    \n
  1. A married couple owned an engineering firm. For two tax years, they claimed depreciation of $76,264 on three vehicles, but didn\u2019t provide required details, including each vehicle\u2019s ownership, cost and useful life. They claimed $34,197 in mileage deductions and provided receipts and mileage logs, but the court found they didn\u2019t show related business purposes. The court also found the mileage claimed included commuting costs, which can\u2019t be written off. The court disallowed these deductions and assessed taxes and penalties. (TC Memo 2023-39)<\/li>\n\n\n\n
  2. The court ruled that a married couple wasn\u2019t entitled to business tax deductions because the husband\u2019s consulting company failed to show that it was engaged in a trade or business. In fact, invoices produced by the consulting company predated its incorporation. And the court ruled that even if the expenses were legitimate, they weren\u2019t properly substantiated. (TC Memo 2023-80)<\/li>\n\n\n\n
  3. A physician specializing in gene therapy deducted legal expenses of $360,295 for two years on Schedule C of his joint tax returns. The court found that most of the legal fees were to defend the husband against personal conduct issues. The court denied the deduction for personal legal expenses but allowed a deduction for $13,000 for business-related legal expenses. (TC Memo 2023-42)<\/li>\n<\/ol>\n\n\n\n

    These cases and others should show the importance of maintaining careful, detailed records. Make sure that only business costs are claimed. <\/p>\n\n\n\n

    Proceed with Caution!<\/p>\n\n\n\n

    If an expense seems like it\u2019s not normal in your industry or could be considered personal or extravagant, proceed with caution. Contact the office with questions about deductibility and proper documentation.<\/p>\n\n\n\n


    This article is sponsored by Accounting & Tax Edge<\/p>\n\n\n\n

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    https:\/\/www.yourtaxedge.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

    What Expenses Can’t Be Written Off by Your Business? If you check the Internal Revenue Code, you may be surprised to find that most business deductions aren\u2019t specifically listed there. For example, the tax law doesn\u2019t explicitly state that you can deduct office supplies and certain other expenses. Some expenses are detailed in the tax […]<\/p>\n","protected":false},"author":3,"featured_media":70618,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[4],"tags":[],"class_list":{"0":"post-68954","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-fast-factual-free"},"aioseo_notices":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/www.winterhavendaily.com\/wp-content\/uploads\/2024\/07\/WinterHavenDaily-Trans-1.png?fit=400%2C240&ssl=1","aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t