Sunday, August 10, 2014

More on Travel - Are expenses deductible for that Convention you plan to attend?

You can deduct your travel expenses including travel, lodging, and meals for yourself when you attend a convention within the United States if you can show that attending the convention benefits your business. These rules apply to workshops, conferences and seminars, as well as actual conventions.
You can satisfy the business relationship test by showing that your business duties and responsibilities tie in to the program or agenda of the convention. The agenda doesn't necessarily have to deal specifically with your duties or responsibilities - a tie-in is enough. You must, however, show some kind of income-producing purpose for attending the convention. In any case, you won't be able to deduct any non-business expenses (sightseeing, for example) you incur while attending the convention.
The rules become far stricter when the convention is held outside North America or on a cruise ship. Basically, you can not deduct expenses that are essentially allowing you to disguise a vacation as attending a convention. This is especially true of investment conventions and seminars or where the purpose of the convention attendance is simply to receive materials to be viewed at the taxpayer's leisure  However, the IRS recognize that at least some of these trips are for bona fide business purposes.
Here's more you need to know:
Conventions held outside North America. In order to be able to deduct expenses for attending a convention outside the North American area, the convention must be directly related to your business and it must be as reasonable to hold the convention outside North America as in it. For example, it would be reasonable to hold the convention outside North America if many of the convention's attendees lived overseas.

You must also satisfy the requirements for deducting business travel expenses outside the U.S..

However, there is a way to enjoy an exotic locale without triggering the foreign convention rules: be aware of what countries are considered within the "North American area." For purposes of convention travel, a North American area" includes the obvious: the United States, its possessions, the Trust Territory of the Pacific Islands, Canada and Mexico. However, it also includes countries that have an information agreement in place with the United States and that meet certain tax law requirements.
The IRS maintains a list of these countries, many of which are tourist meccas that you might not think of as North American, mainly the Caribbean Islands.
Conventions held on cruise ships. The following requirements must be met before you can deduct expenses incurred for a convention or seminar held on a cruise ship:
·         The convention must be directly related to the active conduct of your business.
·         The cruise ship must be a vessel registered in the U.S.
·         All of the cruise ship's ports of call must be located in the U.S.(or its possessions).
·         You must attach to your income tax return a written statement signed by you that includes the total days of the trip (excluding the days you spent traveling to and from the ship's port), the number of hours each day that you devoted to scheduled business activities, and a program of the scheduled business activities of the meeting.
·         You must attach to your income tax return a written statement signed by an officer of the organization or group sponsoring the convention that includes a schedule of the business activities of each day of the convention, and the number of hours you attended the scheduled business activities.
If you meet the requirements, you can deduct up to $2,000 annually of the expense of attending a seminar or convention on a cruise ship. In the case of a joint return, a maximum of $4,000 would be deductible if each spouse attended qualifying cruise ship conventions.

So now you know!

Tuesday, August 5, 2014

What you need to know about deductions when taking business vacation trips outside the United States

We all understand that trips outside of the United States are deductible for employees if the primary purpose of the trip was for business. 

However, what we often don't know is that such a trip is only deductible if the employee had no control over the assignment of the trip, is not a managing executive of the company, holds  10% or less of the company stock an is not related to the employer. A managing executive is one who can make the decision on whether the trip should be taken.

What about the Managing Executives, self-employed persons, employees who are related to the employer or who own more than 10% of the company stock?

Well, the good news is they can still deduct the costs of a business trip if the total time outside of the United States was 1 week or less, not counting the day of departure but counting the day of the return.

If the trip lasted longer than 1 week, then the trip can still be deductible if:

 less than 25% of the taxpayer's time was spent on vacation or other personal activities;  
      or   the planning of the trip was organized to conduct business rather than to take a vacation.

If the 25% rule is not satisfied, then the taxpayer must allocate travel expenses between the business part and the personal part by dividing the number of days spent in the business activity by the number of days spent outside the United States, then multiplying the travel expenses by that fraction. 

OK, more good news for Managing Executives, self-employed persons, employees who are related to the employer or who own more than 10% of the company stock.

 If scheduled business activities are several days apart, then those days are counted as business days even if the taxpayer uses them for vacationing. The following are considered business days:

Business days: Days mainly devoted to business.

Required presence: if you are required to be there, even for a short time, then it counts as a business day.
Business travel: Days traveling to another business location, but only the number of days that would be required to travel to the destination directly.

Weekends and holidays that are between business days, not including the return-to-home day. So if you spend Friday and Monday on business, but spend Saturday and Sunday sightseeing, then that counts as 4 business days. But if you spend Monday sightseeing, then work on Tuesday, then, if Monday was not a holiday, that would only count as 2 business days.

If a business trip consists of both domestic trips and foreign trips, then the number of days counted either for business or personal reasons is only for those days outside of the United States.

If travel is by cruise ship, then the maximum deduction that can be claimed is limited:

Maximum Deduction for a Cruise Ship = Number of Days on the Cruise Ship × Highest Federal per Diem Rate for Travel in the United States × 2.