Publication 17
taxmap/pub17/p17-141.htm#en_us_publink1000173660taxmap/pub17/p17-141.htm#en_us_publink1000173662Standard mileage rate.(p172)
For 2010, the standard mileage rate for the cost of operating
your car for business use is 50 cents per mile.
taxmap/pub17/p17-141.htm#en_us_publink1000173664Depreciation limits on cars, trucks, and vans.(p172)
For 2010, the first-year limit on the total section 179 deduction,
special depreciation allowance, and depreciation deduction for cars increases to
$11,060 ($3,060 if you elect not to claim the special depreciation allowance).
For trucks and vans the first-year limit has increased to $11,160 ($3,160 if you
elect not to claim the special depreciation allowance). For more information see
Depreciation limits in Publication 463.
taxmap/pub17/p17-141.htm#TXMP1d4d0513
You may be able to deduct the ordinary and necessary business-related expenses
you have for:
- Travel,
- Entertainment,
- Gifts, or
- Transportation.
An ordinary expense is one that is common and accepted in your
trade or business. A necessary expense is one that is helpful and appropriate
for your business. An expense does not have to be required to be considered
necessary.
This chapter explains the following.
- What expenses are deductible.
- How to report your expenses on your return.
- What records you need to prove your expenses.
- How to treat any expense reimbursements you may receive.
If you are an employee, you will not need to read this chapter
if all of the following are true.
- You fully accounted to your employer for your work-related
expenses.
- You received full reimbursement for your expenses.
- Your employer required you to return any excess reimbursement
and you did so.
- There is no amount shown with a code "L" in box 12 of your
Form W-2, Wage and Tax Statement.
If you meet all of these conditions, there is no need to show
the expenses or the reimbursements on your return. See
Reimbursements, later, if you would like more information on reimbursements
and accounting to your employer.
 |
If you meet these conditions and your employer included reimbursements on your
Form W-2 in error, ask your employer for a corrected Form W-2.
|
taxmap/pub17/p17-141.htm#TXMP459d939bUseful items
You may want to see:
Publication 463 Travel, Entertainment, Gift, and Car Expenses 535 Business Expenses 1542 Per Diem Rates Form (and Instructions) Schedule A (Form 1040):
Itemized Deductions Schedule C (Form 1040):
Profit or Loss From Business Schedule C-EZ (Form 1040):
Net Profit From Business Schedule F (Form 1040):
Profit or Loss From Farming Form 2106:
Employee Business Expenses Form 2106-EZ:
Unreimbursed Employee Business Expenses taxmap/pub17/p17-141.htm#en_us_publink1000173670If you temporarily travel away from your tax home, you can use
this section to determine if you have deductible travel expenses. This section
discusses:
- Traveling away from home,
- Tax home,
- Temporary assignment or job, and
- What travel expenses are deductible.
It also discusses the standard meal allowance, rules for travel
inside and outside the United States, and deductible convention expenses.
For tax purposes, travel expenses are the ordinary and necessary
expenses (defined earlier) of traveling away from home for your business,
profession, or job.
You will find examples of deductible travel expenses in Table
26-1.
taxmap/pub17/p17-141.htm#en_us_publink1000173672You are traveling away from home if:
- Your duties require you to be away from the general area of
your tax home (defined later) substantially longer than an ordinary day's work,
and
- You need to sleep or rest to meet the demands of your work
while away from home.
This rest requirement is not satisfied by merely napping in
your car. You do not have to be away from your tax home for a whole day or from
dusk to dawn as long as your relief from duty is long enough to get necessary
sleep or rest.
You are a railroad conductor. You leave your home terminal on
a regularly scheduled round-trip run between two cities and return home 16 hours
later. During the run, you have 6 hours off at your turnaround point where you
eat two meals and rent a hotel room to get necessary sleep before starting the
return trip. You are considered to be away from home.
taxmap/pub17/p17-141.htm#en_us_publink1000173674You are a truck driver. You leave your terminal and return to
it later the same day. You get an hour off at your turnaround point to eat.
Because you are not off to get necessary sleep and the brief time off is not an
adequate rest period, you are not traveling away from home.
taxmap/pub17/p17-141.htm#en_us_publink1000173675If you are a member of the U.S. Armed Forces on a permanent duty
assignment overseas, you are not traveling away from home. You cannot deduct
your expenses for meals and lodging. You cannot deduct these expenses even if
you have to maintain a home in the United States for your family members who are
not allowed to accompany you overseas. If you are transferred from one permanent
duty station to another, you may have deductible moving expenses, which are
explained in Publication 521, Moving Expenses.
A naval officer assigned to permanent duty aboard a ship that has regular eating
and living facilities has a tax home aboard ship for travel expense purposes.
taxmap/pub17/p17-141.htm#en_us_publink1000173676To determine whether you are traveling away from home, you must
first determine the location of your tax home.
Generally, your tax home is your regular place of business or
post of duty, regardless of where you maintain your family home. It includes the
entire city or general area in which your business or work is located.
If you do not have a regular or a main place of business because
of the nature of your work, then your tax home may be the place where you
regularly live. See
No main place of business or work, later.
If you do not have a regular or a main place of business or post of duty and
there is no place where you regularly live, you are considered an itinerant (a
transient) and your tax home is wherever you work. As an itinerant, you cannot
claim a travel expense deduction because you are never considered to be
traveling away from home.
taxmap/pub17/p17-141.htm#en_us_publink1000173679If you have more than one place of business or work, consider
the following when determining which one is your main place of business or work.
- The total time you ordinarily spend in each place.
- The level of your business activity in each place.
- Whether your income from each place is significant or insignificant.
You live in Cincinnati where you have a seasonal job for 8 months
each year and earn $40,000. You work the other 4 months in Miami, also at a
seasonal job, and earn $15,000. Cincinnati is your main place of work because
you spend most of your time there and earn most of your income there.
taxmap/pub17/p17-141.htm#en_us_publink1000173681You may have a tax home even if you do not have a regular or
main place of business or work. Your tax home may be the home where you
regularly live.
taxmap/pub17/p17-141.htm#en_us_publink1000173682If you do not have a regular or main place of business or work,
use the following three factors to determine where your tax home is.
- You perform part of your business in the area of your main
home and use that home for lodging while doing business in the area.
- You have living expenses at your main home that you duplicate
because your business requires you to be away from that home.
- You have not abandoned the area in which both your historical
place of lodging and your claimed main home are located; you have a member or
members of your family living at your main home; or you often use that home for
lodging.
If you satisfy all three factors, your tax home is the home where
you regularly live. If you satisfy only two factors, you may have a tax home
depending on all the facts and circumstances. If you satisfy only one factor,
you are an itinerant; your tax home is wherever you work and you cannot deduct
travel expenses.
taxmap/pub17/p17-141.htm#en_us_publink1000173683You are single and live in Boston in an apartment you rent. You
have worked for your employer in Boston for a number of years. Your employer
enrolls you in a 12-month executive training program. You do not expect to
return to work in Boston after you complete your training.
During your training, you do not do any work in Boston. Instead,
you receive classroom and on-the-job training throughout the United States. You
keep your apartment in Boston and return to it frequently. You use your
apartment to conduct your personal business. You also keep up your community
contacts in Boston. When you complete your training, you are transferred to Los
Angeles.
You do not satisfy factor (1) because you did not work in Boston.
You satisfy factor (2) because you had duplicate living expenses. You also
satisfy factor (3) because you did not abandon your apartment in Boston as your
main home, you kept your community contacts, and you frequently returned to live
in your apartment. You have a tax home in Boston.
taxmap/pub17/p17-141.htm#en_us_publink1000235841If you (and your family) do not live at your tax home (defined
earlier), you cannot deduct the cost of traveling between your tax home and your
family home. You also cannot deduct the cost of meals and lodging while at your
tax home. See
Example 1 that follows.
If you are working temporarily in the same city where you and
your family live, you may be considered as traveling away from home. See
Example 2 later.
You are a truck driver and you and your family live in Tucson.
You are employed by a trucking firm that has its terminal in Phoenix. At the end
of your long runs, you return to your home terminal in Phoenix and spend one
night there before returning home. You cannot deduct any expenses you have for
meals and lodging in Phoenix or the cost of traveling from Phoenix to Tucson.
This is because Phoenix is your tax home.
taxmap/pub17/p17-141.htm#en_us_publink1000235845Your family home is in Pittsburgh, where you work 12 weeks a
year. The rest of the year you work for the same employer in Baltimore. In
Baltimore, you eat in restaurants and sleep in a rooming house. Your salary is
the same whether you are in Pittsburgh or Baltimore.
Because you spend most of your working time and earn most of
your salary in Baltimore, that city is your tax home. You cannot deduct any
expenses you have for meals and lodging there. However, when you return to work
in Pittsburgh, you are away from your tax home even though you stay at your
family home. You can deduct the cost of your round trip between Baltimore and
Pittsburgh. You can also deduct your part of your family's living expenses for
meals and lodging while you are living and working in Pittsburgh.
taxmap/pub17/p17-141.htm#en_us_publink1000173689You may regularly work at your tax home and also work at another
location. It may not be practical to return to your tax home from this other
location at the end of each work day.
taxmap/pub17/p17-141.htm#en_us_publink1000173690If your assignment or job away from your main place of work is
temporary, your tax home does not change. You are considered to be away from
home for the whole period you are away from your main place of work. You can
deduct your travel expenses if they otherwise qualify for deduction. Generally,
a temporary assignment in a single location is one that is realistically
expected to last (and does in fact last) for 1 year or less.
However, if your assignment or job is indefinite, the location
of the assignment or job becomes your new tax home and you cannot deduct your
travel expenses while there. An assignment or job in a single location is
considered indefinite if it is realistically expected to last for more than 1
year, whether or not it actually lasts for more than 1 year.
If your assignment is indefinite, you must include in your income
any amounts you receive from your employer for living expenses, even if they are
called travel allowances and you account to your employer for them. You may be
able to deduct the cost of relocating to your new tax home as a moving expense.
See Publication 521 for more information.
taxmap/pub17/p17-141.htm#en_us_publink1000173691If you are a federal employee participating in a federal crime
investigation or prosecution, you are not subject to the 1-year rule. This means
you may be able to deduct travel expenses even if you are away from your tax
home for more than 1 year, provided you meet the other requirements for
deductibility.
For you to qualify, the Attorney General (or his or her designee)
must certify that you are traveling:
- For the federal government,
- In a temporary duty status, and
- To investigate or prosecute, or provide support services for
the investigation or prosecution of a federal crime.
You must determine whether your assignment is temporary or indefinite
when you start work. If you expect an assignment or job to last for 1 year or
less, it is temporary unless there are facts and circumstances that indicate
otherwise. An assignment or job that is initially temporary may become
indefinite due to changed circumstances. A series of assignments to the same
location, all for short periods but that together cover a long period, may be
considered an indefinite assignment.
taxmap/pub17/p17-141.htm#en_us_publink1000173693If you go back to your tax home from a temporary assignment on
your days off, you are not considered away from home while you are in your
hometown. You cannot deduct the cost of your meals and lodging there. However,
you can deduct your travel expenses, including meals and lodging, while
traveling between your temporary place of work and your tax home. You can claim
these expenses up to the amount it would have cost you to stay at your temporary
place of work.
If you keep your hotel room during your visit home, you can deduct
the cost of your hotel room. In addition, you can deduct your expenses of
returning home up to the amount you would have spent for meals had you stayed at
your temporary place of work.
taxmap/pub17/p17-141.htm#en_us_publink1000173694If you take a job that requires you to move, with the understanding
that you will keep the job if your work is satisfactory during a probationary
period, the job is indefinite. You cannot deduct any of your expenses for meals
and lodging during the probationary period.
taxmap/pub17/p17-141.htm#en_us_publink1000173695Once you have determined that you are traveling away from your
tax home, you can determine what travel expenses are deductible.
You can deduct ordinary and necessary expenses you have when
you travel away from home on business. The type of expense you can deduct
depends on the facts and your circumstances.
Table 26-1, later, summarizes travel expenses you may be able to deduct.
You may have other deductible travel expenses that are not covered there,
depending on the facts and your circumstances.
 |
When you travel away from home on business, you should keep records of all the
expenses you have and any advances you receive from your employer. You can use a
log, diary, notebook, or any other written record to keep track of your
expenses. The types of expenses you need to record, along with supporting
documentation, are described in
Table 26-2, later. |
taxmap/pub17/p17-141.htm#en_us_publink1000173697If you have one expense that includes the costs of meals, entertainment,
and other services (such as lodging or transportation), you must allocate that
expense between the cost of meals and entertainment and the cost of other
services. You must have a reasonable basis for making this allocation. For
example, you must allocate your expenses if a hotel includes one or more meals
in its room charge.
taxmap/pub17/p17-141.htm#en_us_publink1000173698If a spouse, dependent, or other individual goes with you (or
your employee) on a business trip or to a business convention, you generally
cannot deduct his or her travel expenses.
taxmap/pub17/p17-141.htm#en_us_publink1000173699You can deduct the travel expenses of someone who goes with you
if that person:
- Is your employee,
- Has a
bona fide business purpose for the travel, and
- Would otherwise be allowed to deduct the travel expenses.
If a business associate travels with you and meets the conditions
in (2) and (3) above, you can deduct the travel expenses you have for that
person. A business associate is someone with whom you could reasonably expect to
actively conduct business. A business associate can be a current or prospective
(likely to become) customer, client, supplier, employee, agent, partner, or
professional advisor.
taxmap/pub17/p17-141.htm#en_us_publink1000173701A
bona fide
business purpose exists if you can prove a real business purpose for the
individual's presence. Incidental services, such as typing notes or assisting in
entertaining customers, are not enough to make the expenses deductible.
taxmap/pub17/p17-141.htm#en_us_publink1000173702Jerry drives to Chicago on business and takes his wife, Linda,
with him. Linda is not Jerry's employee. Linda occasionally types notes,
performs similar services, and accompanies Jerry to luncheons and dinners. The
performance of these services does not establish that her presence on the trip
is necessary to the conduct of Jerry's business. Her expenses are not
deductible.
Jerry pays $199 a day for a double room. A single room costs
$149 a day. He can deduct the total cost of driving his car to and from Chicago,
but only $149 a day for his hotel room. If he uses public transportation, he can
deduct only his fare.
taxmap/pub17/p17-141.htm#en_us_publink1000173703Table 26-1. Travel Expenses You Can Deduct
This chart summarizes expenses you can deduct when you
travel away from home for business purposes.
| IF you have expenses for... | THEN you can deduct the cost of... |
| transportation | travel by airplane, train, bus, or car between your home
and your business destination. If you were provided with a ticket or you are
riding free as a result of a frequent traveler or similar program, your cost is
zero. If you travel by ship, see
Luxury Water Travel and
Cruise ships (under
Conventions) in Publication 463 for additional rules and limits.
|
| taxi, commuter bus, and airport limousine | fares for these and other types of transportation that take
you between:
- The airport or station and your hotel, and
- The hotel and the work location of your customers or clients,
your business meeting place, or your temporary work location.
|
| baggage and shipping | sending baggage and sample or display material between your
regular and temporary work locations. |
| car | operating and maintaining your car when traveling away from
home on business. You can deduct actual expenses or the standard mileage rate as
well as business-related tolls and parking. If you rent a car while away from
home on business, you can deduct only the business-use portion of the expenses.
|
| lodging and meals | your lodging and meals if your business trip is overnight
or long enough that you need to stop for sleep or rest to properly perform your
duties. Meals include amounts spent for food, beverages, taxes, and related
tips. See
Meals and Incidental Expenses for additional rules and limits.
|
| cleaning | dry cleaning and laundry. |
| telephone | business calls while on your business trip. This includes
business communication by fax machine or other communication devices. |
| tips | tips you pay for any expenses in this chart. |
| other | other similar ordinary and necessary expenses related to
your business travel. These expenses might include transportation to or from a
business meal, public stenographer's fees, computer rental fees, and operating
and maintaining a house trailer.
|
taxmap/pub17/p17-141.htm#en_us_publink1000173706You can deduct the cost of meals in either of the following situations.
- It is necessary for you to stop for substantial sleep or rest
to properly perform your duties while traveling away from home on business.
- The meal is business-related entertainment.
Business-related entertainment is discussed under
Entertainment Expenses, later. The following discussion deals only with meals (and
incidental expenses) that are not business-related entertainment.
You cannot deduct expenses for meals that are lavish or extravagant.
An expense is not considered lavish or extravagant if it is reasonable based on
the facts and circumstances. Expenses will not be disallowed merely because they
are more than a fixed dollar amount or take place at deluxe restaurants, hotels,
nightclubs, or resorts.
taxmap/pub17/p17-141.htm#en_us_publink1000173709You can figure your meal expenses using either of the following
methods.
- Actual cost.
- The standard meal allowance.
Both of these methods are explained below. But, regardless of
the method you use, you generally can deduct only 50% of the unreimbursed cost
of your meals.
If you are reimbursed for the cost of your meals, how you apply
the 50% limit depends on whether your employer's reimbursement plan was
accountable or nonaccountable. If you are not reimbursed, the 50% limit applies
whether the unreimbursed meal expense is for business travel or business
entertainment. The 50% limit is explained later under
Entertainment Expenses. Accountable and nonaccountable plans are discussed later under
Reimbursements.
You can use the actual cost of your meals to figure the amount
of your expense before reimbursement and application of the 50% deduction limit.
If you use this method, you must keep records of your actual cost.
taxmap/pub17/p17-141.htm#en_us_publink1000173713Generally, you can use the "standard meal allowance" method as
an alternative to the actual cost method. It allows you to use a set amount for
your daily meals and incidental expenses (M&IE), instead of keeping records
of your actual costs. The set amount varies depending on where and when you
travel. In this chapter, "standard meal allowance" refers to the federal rate
for M&IE, discussed later under
Amount of standard meal allowance. If you use the standard meal allowance, you still must keep
records to prove the time, place, and business purpose of your travel. See
Recordkeeping, later.
The term "incidental expenses" means:
- Fees and tips given to porters, baggage carriers, bellhops,
hotel maids, stewards or stewardesses and others on ships, and hotel servants in
foreign countries,
- Transportation between places of lodging or business and places
where meals are taken, if suitable meals can be obtained at the temporary duty
site, and
- Mailing costs associated with filing travel vouchers and payment
of employer-sponsored charge card billings.
Incidental expenses do not include expenses for laundry, cleaning and pressing
of clothing, lodging taxes, or the costs of telegrams or telephone calls.
You can use an optional method (instead of actual cost) for deducting
incidental expenses only. The amount of the deduction is $5 a day. You can use
this method only if you did not pay or incur any meal expenses. You cannot use
this method on any day that you use the standard meal allowance.
 | Federal employees should refer to the Federal Travel Regulations
at www.gsa.gov. Find "What GSA Offers" and click on "Regulations: FAR,
FMR, FTR" for Federal Travel Regulation (FTR) for changes affecting claims for
reimbursement. |
taxmap/pub17/p17-141.htm#en_us_publink1000173719If you use the standard meal allowance method for meal expenses
and you are not reimbursed or you are reimbursed under a nonaccountable plan,
you can generally deduct only 50% of the standard meal allowance. If you are
reimbursed under an accountable plan and you are deducting amounts that are more
than your reimbursements, you can deduct only 50% of the excess amount. The 50%
limit is explained later under
Entertainment Expenses. Accountable and nonaccountable plans are discussed later under
Reimbursements.
|
There is no optional standard lodging amount similar to the standard meal
allowance. Your allowable lodging expense deduction is your actual cost. |
taxmap/pub17/p17-141.htm#en_us_publink1000173723You can use the standard meal allowance whether you are an employee
or self-employed, and whether or not you are reimbursed for your traveling
expenses.
taxmap/pub17/p17-141.htm#en_us_publink1000173724
You can use the standard meal allowance to figure your meal expenses when you
travel in connection with investment and other income-producing property. You
can also use it to figure your meal expenses when you travel for qualifying
educational purposes. You cannot use the standard meal allowance to figure the
cost of your meals when you travel for medical or charitable purposes.
taxmap/pub17/p17-141.htm#en_us_publink1000173725The standard meal allowance is the federal M&IE rate. For
travel in 2010, the rate for most small localities in the United States is $46 a
day.
Most major cities and many other localities in the United States
are designated as high-cost areas, qualifying for higher standard meal
allowances. Locations qualifying for these rates are listed in Publication 1542
which is available on the Internet at IRS.gov.
 |
You can also find this information (organized by state) on the Internet at
www.gsa.gov. Click on "Per Diem Rates," then select "2010" for the
period January 1, 2010 – September 30, 2010, and select "2011" for the
period October 1, 2010 – December 31, 2010. However, you can apply the
rates in effect before October 1, 2010, for expenses of all travel within the
United States for 2010 instead of the updated rates. You must consistently use
either the rates for the first 9 months for all of 2010 or the updated rates for
the period of October 1, 2010, through December 31, 2010. |
If you travel to more than one location in one day, use the rate
in effect for the area where you stop for sleep or rest. If you work in the
transportation industry, however, see
Special rate for transportation workers, later.
The standard meal allowance rates above do not apply to travel in Alaska,
Hawaii, or any other location outside the continental United States. The
Department of Defense establishes per diem rates for Alaska, Hawaii, Puerto
Rico, American Samoa, Guam, Midway, the Northern Mariana Islands, the U.S.
Virgin Islands, Wake Island, and other non-foreign areas outside the continental
United States. The Department of State establishes per diem rates for all other
foreign areas.
taxmap/pub17/p17-141.htm#en_us_publink1000173730You can use a special standard meal allowance if you work in
the transportation industry. You are in the transportation industry if your
work:
- Directly involves moving people or goods by airplane, barge,
bus, ship, train, or truck, and
- Regularly requires you to travel away from home and, during
any single trip, usually involves travel to areas eligible for different
standard meal allowance rates.
If this applies to you, you can claim a standard meal allowance
of $59 a day ($65 for travel outside the continental United States).
Using the special rate for transportation workers eliminates
the need for you to determine the standard meal allowance for every area where
you stop for sleep or rest. If you choose to use the special rate for any trip,
you must use the special rate (and not use the regular standard meal allowance
rates) for all trips you take that year.
taxmap/pub17/p17-141.htm#en_us_publink1000173731For both the day you depart for and the day you return from a
business trip, you must prorate the standard meal allowance (figure a reduced
amount for each day). You can do so by one of two methods.
- Method 1: You can claim
3/4 of the standard meal allowance.
- Method 2: You can prorate using any method that you consistently
apply and that is in accordance with reasonable business practice.
Jen is employed in New Orleans as a convention planner. In March,
her employer sent her on a 3-day trip to Washington, DC, to attend a planning
seminar. She left her home in New Orleans at 10 a.m. on Wednesday and arrived in
Washington, DC, at 5:30 p.m. After spending two nights there, she flew back to
New Orleans on Friday and arrived back home at 8:00 p.m. Jen's employer gave her
a flat amount to cover her expenses and included it with her wages.
Under Method 1, Jen can claim 21/2 days of the standard meal allowance for Washington, DC:
3/4
of the daily rate for Wednesday and Friday (the days she departed and returned),
and the full daily rate for Thursday.
Under Method 2, Jen could also use any method that she applies
consistently and that is in accordance with reasonable business practice. For
example, she could claim 3 days of the standard meal allowance even though a
federal employee would have to use method 1 and be limited to only 21/2 days.
taxmap/pub17/p17-141.htm#en_us_publink1000173733The following discussion applies to travel in the United States.
For this purpose, the United States includes the 50 states and the District of
Columbia. The treatment of your travel expenses depends on how much of your trip
was business related and on how much of your trip occurred within the United
States. See
Part of Trip Outside the United States, later.
You can deduct all your travel expenses if your trip was entirely
business related. If your trip was primarily for business and, while at your
business destination, you extended your stay for a vacation, made a personal
side trip, or had other personal activities, you can deduct your
business-related travel expenses. These expenses include the travel costs of
getting to and from your business destination and any business-related expenses
at your business destination.
taxmap/pub17/p17-141.htm#en_us_publink1000173736You work in Atlanta and take a business trip to New Orleans in
May. On your way home, you stop in Mobile to visit your parents. You spend
$1,999 for the 9 days you are away from home for travel, meals, lodging, and
other travel expenses. If you had not stopped in Mobile, you would have been
gone only 6 days, and your total cost would have been $1,699. You can deduct
$1,699 for your trip, including the cost of round-trip transportation to and
from New Orleans. The deduction for your meals is subject to the 50% limit on
meals mentioned earlier.
taxmap/pub17/p17-141.htm#en_us_publink1000173737If your trip was primarily for personal reasons, such as a vacation,
the entire cost of the trip is a nondeductible personal expense. However, you
can deduct any expenses you have while at your destination that are directly
related to your business.
A trip to a resort or on a cruise ship may be a vacation even if the promoter
advertises that it is primarily for business. The scheduling of incidental
business activities during a trip, such as viewing videotapes or attending
lectures dealing with general subjects, will not change what is really a
vacation into a business trip.
taxmap/pub17/p17-141.htm#en_us_publink1000173738If part of your trip is outside the United States, use the rules
described later under
Travel Outside the United States
for that part of the trip. For the part of your trip that is inside the United
States, use the rules for travel in the United States. Travel outside the United
States does not include travel from one point in the United States to another
point in the United States. The following discussion can help you determine
whether your trip was entirely within the United States.
If you travel by public transportation, any place in the United
States where that vehicle makes a scheduled stop is a point in the United
States. Once the vehicle leaves the last scheduled stop in the United States on
its way to a point outside the United States, you apply the rules under
Travel Outside the United States.
You fly from New York to Puerto Rico with a scheduled stop in
Miami. You return to New York nonstop. The flight from New York to Miami is in
the United States, so only the flight from Miami to Puerto Rico is outside the
United States. Because there are no scheduled stops between Puerto Rico and New
York, all of the return trip is outside the United States.
taxmap/pub17/p17-141.htm#en_us_publink1000173743Travel by private car in the United States is travel between
points in the United States, even when you are on your way to a destination
outside the United States.
taxmap/pub17/p17-141.htm#en_us_publink1000173744You travel by car from Denver to Mexico City and return. Your
travel from Denver to the border and from the border back to Denver is travel in
the United States, and the rules in this section apply. The rules under
Travel Outside the United States
apply to your trip from the border to Mexico City and back to the border.
If any part of your business travel is outside the United States,
some of your deductions for the cost of getting to and from your destination may
be limited. For this purpose, the United States includes the 50 states and the
District of Columbia.
How much of your travel expenses you can deduct depends in part
upon how much of your trip outside the United States was business related.
See chapter 1 of Publication 463 for information on luxury water
travel.
taxmap/pub17/p17-141.htm#en_us_publink1000173747You can deduct all your travel expenses of getting to and from
your business destination if your trip is entirely for business or considered
entirely for business.
taxmap/pub17/p17-141.htm#en_us_publink1000173748If you travel outside the United States and you spend the entire
time on business activities, you can deduct all of your travel expenses.
taxmap/pub17/p17-141.htm#en_us_publink1000173749Even if you did not spend your entire time on business activities,
your trip is considered entirely for business if you meet at least one of the
following four exceptions.
taxmap/pub17/p17-141.htm#en_us_publink1000173750Your trip is considered entirely for business if you did not
have substantial control over arranging the trip. The fact that you control the
timing of your trip does not, by itself, mean that you have substantial control
over arranging your trip.
You do not have substantial control over your trip if you:
- Are an employee who was reimbursed or paid a travel expense
allowance,
- Are not related to your employer, and
- Are not a managing executive.
A "managing executive" is an employee who has the authority and
responsibility, without being subject to the veto of another, to decide on the
need for the business travel.
A self-employed person generally has substantial control over arranging business
trips.
taxmap/pub17/p17-141.htm#en_us_publink1000173752Your trip is considered entirely for business if you were outside
the United States for a week or less, combining business and nonbusiness
activities. One week means 7 consecutive days. In counting the days, do not
count the day you leave the United States, but do count the day you return to
the United States.
taxmap/pub17/p17-141.htm#en_us_publink1000173753Your trip is considered entirely for business if:
- You were outside the United States for more than a week, and
- You spent less than 25% of the total time you were outside
the United States on nonbusiness activities.
For this purpose, count both the day your trip began and the
day it ended.
Your trip is considered entirely for business if you can establish
that a personal vacation was not a major consideration, even if you have
substantial control over arranging the trip.
taxmap/pub17/p17-141.htm#en_us_publink1000173755If you travel outside the United States primarily for business
but spend some of your time on nonbusiness activities, you generally cannot
deduct all of your travel expenses. You can only deduct the business portion of
your cost of getting to and from your destination. You must allocate the costs
between your business and nonbusiness activities to determine your deductible
amount. These travel allocation rules are discussed in chapter 1 of Publication
463.
| You do not have to allocate your travel expense deduction
if you meet one of the four exceptions listed earlier under Travel considered
entirely for business. In those cases, you can deduct the total cost of getting
to and from your destination. |
taxmap/pub17/p17-141.htm#en_us_publink1000173757If you travel outside the United States primarily for vacation
or for investment purposes, the entire cost of the trip is a nondeductible
personal expense. If you spend some time attending brief professional seminars
or a continuing education program, you can deduct your registration fees and
other expenses you have that are directly related to your business.
taxmap/pub17/p17-141.htm#en_us_publink1000173758You can deduct your travel expenses when you attend a convention
if you can show that your attendance benefits your trade or business. You cannot
deduct the travel expenses for your family.
If the convention is for investment, political, social, or other purposes
unrelated to your trade or business, you cannot deduct the expenses.
|
Your appointment or election as a delegate does not, in itself, determine
whether you can deduct travel expenses. You can deduct your travel expenses only
if your attendance is connected to your own trade or business.
|
taxmap/pub17/p17-141.htm#en_us_publink1000173760The convention agenda or program generally shows the purpose
of the convention. You can show your attendance at the convention benefits your
trade or business by comparing the agenda with the official duties and
responsibilities of your position. The agenda does not have to deal specifically
with your official duties and responsibilities; it will be enough if the agenda
is so related to your position that it shows your attendance was for business
purposes.
taxmap/pub17/p17-141.htm#en_us_publink1000173761
See chapter 1 of Publication 463 for information on conventions held outside the
North American area.
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