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  January 2008  •  Volume 32 – Number 1  
WPPI
Business Landscape  
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Deducting Employment Expenses

By Fred S. Steingold

Come tax time, you'll want to deduct as many business expenses as you can. There are many deductible expenses related to having employees. To make sure you don't miss any, read on.

Employee Pay

You can, of course, deduct the money you pay to your employees for their services. Typically, this will be the gross amount of your employees' paychecks for the year. You can also deduct bonuses and commissions, and vacation pay and sick pay that isn't covered by insurance.

Reimbursements

Maybe you reimburse your employees for business-related expenses, such as airfare, lodging, meals and entertainment. Or perhaps you advance money to cover such costs. In either case, you can deduct these expenses. There are some limitations, however. You can deduct only 50% of any meal and entertainment expenses, even if you reimburse your employees for 100%.

The IRS requires you to carefully monitor these reimbursements and advances. Make sure your employees account for them within a reasonable time after incurring them. Get receipts, and have your employees promptly return any excess amounts.

Payroll Taxes

As an employer, you must pay certain payroll taxes, including the following:

  • The employer's share of Social Security and Medicare taxes.
  • Federal unemployment tax.
  • State payroll taxes, such as state unemployment tax.
You can deduct these payroll taxes as employment expenses.

Workers' Compensation Insurance

Most states require your business to carry workers' compensation insurance. Even if it's optional, you should spring for the coverage. It pays wage and medical benefits if an employee is injured at work or suffers a work-related illness. You can deduct the cost of this insurance.

Education and Training Costs

You can deduct what you spend for training your employee. This includes the cost of educational seminars related to the business.

Association Dues and Subscriptions

If you pay for your employee's membership in a trade association, or for subscriptions to business publications, you can deduct these costs.

Equipment and Furniture

You can deduct the cost of equipment and furniture that you buy for your employees to use while conducting business for you. This might include, for example, a desk, chair, lamp and computer.

Ordinarily, you're supposed to depreciate the cost of equipment and furniture by writing it off through tax deductions over a number of years. This is known as depreciation.

But another method allows you to write off the entire cost during the year in which you first use it. This option is called a Section 179 deduction. In 2008, you can immediately deduct up to $128,000. Using the Section 179 option, you won't need to fiddle around with depreciation schedules and the record keeping they entail.

Inexpensive Gifts and Benefits

The IRS lets you deduct certain low-cost benefits that you occasionally provide to your employees. Examples include the following:

  • Occasional cocktail parties, company meals, or picnics for employees and guests.
  • Traditional birthday or holiday gifts of property (not cash) with a low fair-market value: for example, a turkey at Thanksgiving.
  • Occasional theater or sporting event tickets.
  • Coffee, doughnuts and soft drinks.
  • Flowers, fruit, books or similar property you provide to your employees under special circumstances: for example, because of illness, outstanding performance or family crisis.
  • Occasional meals, meal money or local transportation to enable your employees to work overtime. For example, ordering a pizza to be eaten at work or paying for a taxi ride home.
You can't deduct cash or cash equivalent benefits, such as use of a gift card, charge card or credit card, except for occasional meal money or transportation fare.

Other Fringe Benefits

Your business can deduct fringe benefits in addition to the minimal-cost benefits just described. Examples include adoption assistance, educational assistance and group life insurance. For details, see IRS Publication 15-B, Employer's Tax Guide to Fringe Benefits, available at www.irs.gov.

Bookkeeping and Accounting Expenses

You may prefer to farm out all or part of your accounting work. You may, for example, sign on with a payroll service, or retain a bookkeeper or accountant to relieve you from payroll and tax compliance chores. If you hire such outside help, your business can deduct the cost.

Fred S. Steingold practices law in Ann Arbor, Michigan. He is the author of Legal Guide for Starting and Running a Small Business and The Employer's Legal Handbook, published by Nolo. Legal strategies may vary depending on the state in which you live and the specifics of your situation. See your lawyer for legal advice.

 



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  IN THIS ISSUE:

INTRODUCTION

MEMBER OF THE MONTH

STUDIO OF THE MONTH

IN THE STUDIO & ON SCREEN

BUSINESS LANDSCAPE

MEMBER NEWS

CALENDAR


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