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Publication 17
taxmap/pub17/p17-152.htm#en_us_publink1000174068

Chapter 28
Miscellaneous Deductions(p195)

What's New(p195)


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Limit on itemized deductions.(p195)

For 2010, the dollar limitations for itemized deductions based on your adjusted gross income has expired.
taxmap/pub17/p17-152.htm#en_us_publink1000252453

Educator expenses.(p195)

For 2010, the deduction for educator expenses as an adjustment to income has expired. See Educator Expenses in this chapter.
EIC
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. If this is not extended, you may be able to claim these expenses as a miscellaneous deduction. To find out if this legislation was enacted, and for more details, go to www.irs.gov/formspubs.
taxmap/pub17/p17-152.htm#en_us_publink1000252757

Certain property eliminated from the definition of listed property.(p195)

For tax years beginning after 2009, cellular telephones and similar telecommunications equipment has been removed from the definition of listed property. For more details, go to Publication 529, Miscellaneous Deductions.
taxmap/pub17/p17-152.htm#en_us_publink1000174071

Standard mileage rate.(p195)

The 2010 rate for business use of a vehicle is 50 cents per mile.
taxmap/pub17/p17-152.htm#TXMP5eff38d7
This chapter explains which expenses you can claim as miscellaneous itemized deductions on Schedule A (Form 1040). You must reduce the total of most miscellaneous itemized deductions by 2% of your adjusted gross income. This chapter covers the following topics.
Where Refund
You must keep records to verify your deductions. You should keep receipts, canceled checks, substitute checks, financial account statements, and other documentary evidence. For more information on recordkeeping, get Publication 552, Recordkeeping for Individuals.

taxmap/pub17/p17-152.htm#TXMP2c5e5fdc

Useful items

You may want to see:


Publication
 463 Travel, Entertainment, Gift, and Car Expenses
 529 Miscellaneous Deductions
 535 Business Expenses
 587 Business Use of Your Home (Including Use by Daycare Providers)
 946 How To Depreciate Property
Form (and Instructions)
 Schedule A (Form 1040): Itemized Deductions
 2106: Employee Business Expenses
 2106-EZ: Unreimbursed Employee Business Expenses
taxmap/pub17/p17-152.htm#en_us_publink1000174073

Deductions Subject 
to the 2% Limit(p196)

rule
You can deduct certain expenses as miscellaneous itemized deductions on Schedule A 
(Form 1040). You can claim the amount of expenses that is more than 2% of your adjusted gross income. You figure your deduction on Schedule A by subtracting 2% of your adjusted gross income from the total amount of these expenses. Your adjusted gross income is the amount on Form 1040, line 38.
Generally, you apply the 2% limit after you apply any other deduction limit. For example, you apply the 50% (or 80%) limit on business-related meals and entertainment (discussed in chapter 26) 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 (Form 1040).
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Unreimbursed Employee Expenses (Line 21)(p196)

rule
Generally, the following expenses are deductible on Schedule A (Form 1040), line 21.
You can deduct only unreimbursed employee expenses that are:
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.
Examples of unreimbursed employee expenses are listed next. The list is followed by discussions of additional unreimbursed employee expenses.
taxmap/pub17/p17-152.htm#en_us_publink1000174077

Business Liability Insurance(p196)

rule
You can deduct insurance premiums you paid for protection against personal liability for wrongful acts on the job.
taxmap/pub17/p17-152.htm#en_us_publink1000174078

Damages for Breach of Employment Contract(p196)

rule
If you break an employment contract, you can deduct damages you pay your former employer that are attributable to the pay you received from that employer.
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Depreciation on Computers(p196)

rule
You can claim a depreciation deduction for a computer that you use in your work as an employee if its use is:
For more information about the rules and exceptions to the rules affecting the allowable deductions for a home computer, see Publication 529.
taxmap/pub17/p17-152.htm#en_us_publink1000174080

Dues to Chambers of Commerce and Professional Societies(p196)

rule
You may be able to deduct dues paid to professional organizations (such as bar associations and medical associations) and to chambers of commerce and similar organizations, if membership helps you carry out the duties of your job. Similar organizations include:
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Lobbying and political activities.(p196)

rule
You may not be able to deduct that part of your dues that is for certain lobbying and political activities. See Dues used for lobbying under Lobbying Expenses, later.
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Educator Expenses(p196)

rule
In 2009, if you were an eligible educator, you could deduct your qualified education expenses as an adjustment to income up to $250. If your ordinary and necessary educator expenses were over that amount, you could deduct the excess as a miscellaneous itemized 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 2009. For 2010, you can deduct ordinary and necessary educator expenses only as a miscellaneous itemized deduction (unreimbursed employee business expenses).
EIC
At the time this publication went to print, Congress was considering legislation that would reinstate the deduction for educator expenses as an adjustment to income. The find out if this legislation was enacted, and for more details, go to www.irs.gov/formspubs.
taxmap/pub17/p17-152.htm#en_us_publink1000174084

Home Office(p196)

rule
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:
The regular and exclusive business use must be for the convenience of your employer and not just appropriate and helpful in your job. Get Publication 587 for more detailed information and a worksheet.
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Job Search Expenses(p196)

rule
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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Employment and outplacement agency fees.(p196)

rule
You can deduct employment and outplacement agency fees you pay in looking for a new job in your present occupation.
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Employer pays you back.(p196)
If, in a later year, your employer pays you back for employment agency fees, you must include the amount you receive in your gross income up to the amount of your tax benefit in the earlier year. (See Recoveries in chapter 12.)
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Employer pays the employment agency.(p196)
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.
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Résumé.(p196)

rule
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.
taxmap/pub17/p17-152.htm#en_us_publink1000174091

Travel and transportation expenses.(p196)

rule
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 2010 rate for business use of a vehicle is 50 cents per mile. See chapter 26 for more information.
taxmap/pub17/p17-152.htm#en_us_publink1000174093

Licenses and Regulatory Fees(p197)

rule
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.
taxmap/pub17/p17-152.htm#en_us_publink1000174094

Occupational Taxes(p197)

rule
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.
taxmap/pub17/p17-152.htm#en_us_publink1000174095

Repayment of Income Aid Payment(p197)

rule
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.
taxmap/pub17/p17-152.htm#en_us_publink1000174096

Research Expenses of a College Professor(p197)

rule
If you are a college professor, you can deduct research expenses, including travel expenses, for teaching, lecturing, or writing and publishing on subjects that relate directly to 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.
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Tools Used in Your Work(p197)

rule
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.
taxmap/pub17/p17-152.htm#en_us_publink1000174098

Union Dues and Expenses(p197)

rule
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.
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Work Clothes and Uniforms(p197)

rule
You can deduct the cost and upkeep of work clothes if the following two requirements are met.
EIC
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.
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Protective clothing.(p197)

rule
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.
taxmap/pub17/p17-152.htm#en_us_publink1000174103

Military uniforms.(p197)

rule
You generally cannot deduct the cost of your uniforms if you are on full-time active duty in the armed forces. However, if you are an armed forces reservist, you can deduct the unreimbursed cost of your uniform if military regulations restrict you from wearing it except while on duty as a reservist. In figuring the deduction, you must reduce the cost by any nontaxable allowance you receive for these expenses.
If local military rules do not allow you to wear fatigue uniforms when you are off duty, you can deduct the amount by which the cost of buying and keeping up these uniforms is more than the uniform allowance you receive.
You can deduct the cost of your uniforms if you are a civilian faculty or staff member of a military school.
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Tax Preparation Fees  
(Line 22)(p197)

rule
You can usually deduct tax preparation fees in the year you pay them. Thus, on your 2010 return, you can deduct fees paid in 2010 for preparing your 2009 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.
taxmap/pub17/p17-152.htm#en_us_publink1000174105

Other Expenses (Line 23)(p197)

rule
You can deduct certain other expenses as miscellaneous itemized deductions subject to the 2% limit. On Schedule A (Form 1040), line 23, you can deduct expenses that you pay:
  1. To produce or collect income that must be included in your gross income,
  2. To manage, conserve, or maintain property held for producing such income, or
  3. To determine, contest, pay, or claim a refund of any tax.
You can deduct expenses you pay for the purposes in (1) and (2) above only if they are reasonably and closely related to these purposes. Some of these other expenses are explained in the following discussions.
If the expenses you pay produce income that is only partially taxable, see Tax-Exempt Income Expenses, later, under Nondeductible Expenses.
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Appraisal Fees(p197)

rule
You can deduct appraisal fees if you pay them to figure a casualty loss or the fair market value of donated property.
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Casualty and Theft Losses(p197)

rule
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 other casualty and theft losses, see chapter 25.
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Clerical Help and Office Rent(p197)

rule
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.
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Credit or Debit Card Convenience Fees(p198)

rule
You can deduct the convenience fee charged by the card processor for paying your income tax (including estimated tax payments) by credit or debit card. The fees are deductible in the year paid.
taxmap/pub17/p17-152.htm#en_us_publink1000174111

Depreciation on Home Computer(p198)

rule
You can deduct depreciation on your home computer if you use it to produce income (for example, to manage your investments that produce taxable income). You generally must depreciate the computer using the straight line method over the Alternative Depreciation System (ADS) recovery period. But if you work as an employee and also use the computer in that work, see Publication 946.
taxmap/pub17/p17-152.htm#en_us_publink1000174112

Excess Deductions of an Estate(p198)

rule
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.
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Fees to Collect Interest and Dividends(p198)

rule
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 Schedule D (Form 1040), columns (d) and (e), for information on how to report the fee.
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Hobby Expenses(p198)

rule
You can generally deduct hobby expenses, but only up to the amount of hobby income. A hobby is not a business because it is not carried on to make a profit. See Activity not for profit in chapter 12 under Other Income.
taxmap/pub17/p17-152.htm#en_us_publink1000174116

Indirect Deductions of 
Pass-Through Entities(p198)

rule
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.
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Example.(p198)

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.
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Publicly offered mutual funds.(p198)

rule
Publicly offered mutual funds do not pass deductions for investment expenses through to shareholders. A mutual fund is "publicly offered" if it is:
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.
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Information returns.(p198)

rule
You should receive information returns from pass-through entities.
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Partnerships and S corporations.(p198)
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.
taxmap/pub17/p17-152.htm#en_us_publink1000174121
Nonpublicly offered mutual funds.(p198)
These funds will send you a Form 1099-DIV, Dividends and Distributions 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.
taxmap/pub17/p17-152.htm#en_us_publink1000174122

Investment Fees and Expenses(p198)

rule
You can deduct investment fees, custodial fees, trust administration fees, and other expenses you paid for managing your investments that produce taxable income.
taxmap/pub17/p17-152.htm#en_us_publink1000174123

Legal Expenses(p198)

rule
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:
You can deduct expenses of resolving tax issues relating to profit or loss from business (Schedule C or C-EZ), rentals or royalties (Schedule E), or farm income and expenses (Schedule F) on the appropriate schedule. You deduct expenses of resolving nonbusiness tax issues on Schedule A (Form 1040). See Tax Preparation Fees, earlier.
taxmap/pub17/p17-152.htm#en_us_publink1000174125

Loss on Deposits(p198)

rule
For information on whether, and if so, how, you may deduct a loss on your deposit in a qualified financial institution, see Loss on Deposits in chapter 25.
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Repayments of Income(p198)

rule
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.
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Repayments of Social Security Benefits(p198)

rule
For information on how to deduct your repayments of certain social security benefits, see Repayments More Than Gross Benefits in chapter 11.
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Safe Deposit Box Rent(p198)

rule
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.
taxmap/pub17/p17-152.htm#en_us_publink1000174132

Service Charges on Dividend Reinvestment Plans(p198)

rule
You can deduct service charges you pay as a subscriber in a dividend reinvestment plan. These service charges include payments for:
taxmap/pub17/p17-152.htm#en_us_publink1000174133

Trustee's Administrative Fees for IRA(p199)

rule
Trustee's administrative fees that are billed separately and paid by you in connection with your individual retirement arrangement (IRA) are deductible (if they are ordinary and necessary) as a miscellaneous itemized deduction subject to the 2% limit. For more information about IRAs, see chapter 17.