JustAnswer > Tax
Ask A Question|Register|Login|Help
JustAnswer

Tax

Ask a Tax Question, Get an Answer ASAP!

Have your own Tax question?

Tax Professionals are Online Now
characters left:
Not a Tax Question?

Related Tax Topics:

  • Gov
  • ,
  • Irs
  • ,
  • Tax
  • ,
  • Fica
  • ,
  • Form
  • ,
  • Paid
  • ,
  • Work
  • ,
  • Claim
  • ,
  • First
  • ,
  • Gross
Bookmark and Share

Question

I need advice regarding tax deductions as an independent contractor. My payments are on 1090 forms and I need to optimize deductions from travel expenses and purchases. Can you provide advice regarding aircraft purchases for business use and travel expenses related to using the aircraft for business? Also, since I live in Tennessee and work in Washington state I need advice regarding taxes related to commuting to work over such a long distance. Finally, I am considering accepting a permanent job with a W2 payment in Washington state but I would still be commuting from Tennessee and need to know whether the same deductions could be used if I'm no longer working as an independent contractor. Thanks.

Submitted: 48 days and 4 hours ago.
Category: Tax
Value: $30
Status: CLOSED
+
Read More

Optional Information

State/Country relating to question: Tennessee

Posted by LEV 48 days and 3 hours ago.

Answer

First of all we need to determine if the use of the aircraft is a deductible business expense.

To be deductible, a business expense must be both ordinary and necessary. An ordinary expense is one that is common and accepted in your industry. A necessary expense is one that is helpful and appropriate for your trade or business.

 

Based on the type of you business - you need to determine if the use of the aircraft would be ordinary and necessary - if yes - that would be a deductible business expense.

 

For travel expenses deduction - please see for reference IRS publication 463 - http://www.irs.gov/pub/irs-pdf/p463.pdf

 

 

graphic
View Full Image

You can deduct all of 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.

Travel from home to your work place is always considered a commuting travel and not deductible. Please see IRS explanation here

 

graphic
View Full Image

 

 

If you are using part of your home for business purposes and claim such deduction - you may consider travel from home to work as business expenses - otherwise - that is considered a commuting and may not be deducted.

Another issue - if you travel to a permanent or to a temporary place.

Temporary job assignment would be if it is expected to last and actually lasted less than a year.

In this case - you may deduct additional meal and lodging expenses.

 

I would also suggest to look at the schedule C - http://www.irs.gov/pub/irs-pdf/f1040sc.pdf - part II lines 8-28 - see the list of most common deductible business expenses.

If you are an employee - you would deduct travel expenses on the schedule A - http://www.irs.gov/pub/irs-pdf/f1040sab.pdf - and such deduction would be a subject of 2% floor limitation.

 

Please let me know if any clarification is needed.

 



Edited by LEV on 10/4/2009 at 6:06 AM

47 days and 8 hours ago.

Reply

Just to clarify, does it not make much difference whether I'm paid on a 1090 or a W2? When I first started work as an independent contractor I was told that being paid on a 1090 offers many more tax deductions but I haven't seen any mention of that in the readings above. This is looking complicated so would you know how to refer me to an accountant who is familiar with taxes for physicians working as an independent contractor as well as being familiar with aircraft ownership taxes? Thanks.

Accepted Answer

Yes - it does

- if you are self-employed and your income is reported on the form 1099-misc - http://www.irs.gov/pub/irs-pdf/f1099msc.pdf - you will report all your business income and deduction on the schedule C - and only your net business income will be added to your taxable income.

In additional - your net business income will be subject of self-employment tax 15.3% - for net business income up to $106,800; and 2,9% for net business income above $106,800.

 

If you are an employee - your employer has already withheld FICA taxes - and you will have to add to your income taxable wages.

In this case your wages are not reduced by your business expenses - as in case for self-employed - but you would claim them separately on the schedule A. And in this case your employee business expenses are not fully deductible - but only whatever is above 2% of your adjusted gross income.

If for instance your adjusted gross income is $150,000 - and your employee business expenses are $10,000 - your will deduct

$10,000 - $150,000*2% = $7000

 

That is the difference in deduction for a self-employed and for an employee.

 

As you are a physicians - it doesn't sound that using aircraft is ordinary and necessary

for your occupation - and that would be the question you might need to address in case of audit.

If you will claim the use of the aircraft for travel - you should consider that in case of the audit the IRS agent might find such expenses to be lavish or extravagant under the circumstances. If so - your deduction might be disallowed.

Thus - you would need to provide a proof that the use of the aircraft for travel - is a necessarity and not extravagant expenses.

 

I suggest to have a local tax preparer in your state and provide all information above for considerations.

Just answer rules do not allow to have a contacts with clients outside this website and do not allow to establish a professional-client relationship.

Let me know if you need any help or clarification.

 

Picture
Expert: LEV
Pos. Feedback: 99.3 %
Accepts: 
Answered: 10/5/2009

Tax Preparer

Taxes, Immigration, Labor Relations

+
Read More

Related Tax Questions

  • If you receive a life insurance policy and let them take ...
  • I'm a retired school teacher in Riverside California.
  • 45. Don Driller, who is 56 years old, is provided with
  • how long does it take to get a fed take refund via direct de...
  • I didn't file this year. I had a fire and found it
  • what percentage is 9,000,000 of 13,000,000
  • I have a bunch of foreign money from prior trips.
  • I have a lien on my house and cannot re-finance until



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.