5 Things You Probably Didn’t Know About Santa’s Tax Return

 

5 Things You Didn't Know About Santa's Tax Return

 

What about Santa’s taxes?     Here’s a few things I bet you haven’t thought about before.

1.  Given that Santa travels about 75 and a half million miles a year (mostly on December 24th) his mileage deduction (at 54.5 cents per mile in 2018) is $41,147,500.

 

2.  Reindeer are depreciated over a period of 7 years.

 

3.  North Pole elves are considered employees and receive W-2s.   Elves outside of the North Pole are considered contract labor and receive 1099s.   (There are people who work as “elves” outside the North Pole that work for other organizations–like at the mall, who receive W2s, but they are not real elves and are not employed by Santa himself.)

 

4.  Because the elves live at the North Pole for the convenience of their employer, and since living at the North Pole is a condition of employment, elf lodging is not taxable to the elves.

 

5.  Santa doesn’t actually make any money from his toy distribution operation.  Most of Santa’s income comes from royalties from his guest appearances in movies, books, and television commercials.

 

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Footnotes:

1.  Santa’s distance traveled:  The Physics of Santa,  http://www.daclarke.org/Humour/santa.html

 

2.  Reindeer depreciation:  IRS publication 225 Farmer’s Tax Guide

 

3.  Elves are employees:  Common Law Rules of employment, http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee

 

4.  Elf housing:  IRS publication 15B  Employer’s Tax Guide to Fringe Benefits

 

5.  Santa’s income from royalties:   https://en.wikipedia.org/wiki/Royalty_payment

Why Am I Being Audited By the IRS?

file cabinets

Photo by redjar at Flickr.com

 

The first question I’m always asked when someone receives an audit notice is, “Why me?  What’s wrong with my tax return?”

 

If you received an audit notice, that’s a perfectly legitimate question, and you have the right to ask.  It’s a very important question too.  The answer you get from the IRS can help you to limit the scope of the audit—that‘s really important.  If you know what the audit is about, you know where to focus your energies.

 

Often times, an IRS agent may respond with, “Oh, I don’t know why your return was pulled, it’s just a random audit.”  However, sometimes they don’t seem so “random”.  Actual random audits (and yes, they do occur) involve reviewing every single line item on the tax return.  They’re used to help determine how future audits are handled.    Most audits, are not random, and if you’re being audited you have the right to know why.

 

So what does trigger an audit?  The most common type of audit is called a correspondence audit.  Usually what happens there is that the IRS received a notice saying you received income from a source and it doesn’t match anything on your tax return.  They call it “document matching.”  (Hey, it’s the IRS; creative names are not their forte.)

 

Document matching audits are usually pretty simple.  For example, the IRS gets a W2 from a job you had for 2 weeks in January but you completely forgot about it at tax time.  You never got the W2 so you didn’t include it on your return.  That’s a fairly typical correspondence audit.  In a case like that you just sign the form and pay the tax.  That’s a simple “oopsies.”   You’re not a criminal, you just made a mistake.

 

Sometimes, document matching is kind of screwed up.  For example:  I just handled one where the document matching showed three interest statements for “First National Bank”;  one for $21, one for $16, and the third for $54.  The tax return showed interest for “First National Bank” as $91 ($21 + $16 + $54 = $91).  We just handled that with a phone call.  Document matching is done by computer.  Normally, a human would have caught the numbers added together and the audit letter would never have gone out, but the computer isn’t that sophisticated.

 

One of the best ways to prevent document matching audits is to make sure that you report everything on the correct line.   If you have a 1099 with an amount in box 7 and you don’t have a Schedule C with your tax return—that will generate a correspondence audit.  Another common correspondence audit involves capital gains.  If you’ve bought or sold stocks or had stock options through your job—there should be a Schedule D with your tax return.

 

If you’re dealing with something new in your taxes, even if you’re very good at preparing your own, I recommend at least having a second look done before you file.

 

In-person audits are more often based on statistical data.  The IRS uses something called a “DIF” score.   To put it in simple terms, a DIF score basically highlights when things on your tax return are out of the “normal” range.  Basically, a computer algorithm kicks out something like:   “Joe Schmoe’s charitable contributions are out of line with his income.  So Joe will be audited for his charity donations.

 

So how do you know what’s normal?  That’s the magic question isn’t it?  The IRS does not release its DIF score formulas.  Even if they did—if you have a legitimate deduction, you shouldn’t let DIF scores (or the threat of DIF scores) keep you from claiming what’s legitimately yours.

 

I once worked on an audit for a fellow whose return was being looked at for the mileage he claimed.  In truth, his actual mileage was much higher than what he reported, but his co-workers had convinced him that he shouldn’t claim all his mileage because he’d get audited.   Claiming the lower mileage didn’t protect him from an audit—and—it cost him money for all those years that he didn’t claim what was rightfully his.

 

Your best defense against an audit is always going to be doing your taxes right in the first place and having the documentation to back up your claims.

 

If you’re a W2 wage earner, the most likely audit area will be your charitable contributions and employee business expenses, because most everything else can be determined through document matching.

 

Small business owners (Schedule C) are much more likely to be audited—mostly because there’s so much more to audit.   In every Schedule C audit I’ve ever worked on, the IRS has requested the mileage log.  Every audit—mileage log.  Every single one.

 

In addition to the mileage log, they’ll often want to examine the expenses or the revenues, sometimes both.  If you own your own business, I can’t stress enough the importance of keeping good records.

 

If you’re being audited, the IRS agent should be able to tell you why.  If you honestly don’t know why you’ve been selected, and you’re not getting clear answers from the IRS, hire someone to represent you.  A professional can usually find the audit trigger (or triggers) within a matter of minutes.

Employee Business Expenses: How to Claim Them (Part 2)

Odometer

Photo by NewsRover on Flickr.com

Note:  before you read this post, you should really see “Deducting Employee Business Expenses on Your Tax Return (Part 1)” first to see if you should even consider claiming them.

 

Okay, so you’ve decided that it makes sense for you to be reporting your job expenses on your tax return.  Generally, people who report employee business expenses are in sales; folks who do a lot of driving and a lot of business entertaining.  Those are the expenses I’m going to look at today.

 

Business miles:  I have a lot of blog posts about mileage, usually I’m writing about self-employed people, but the rules for claiming mileage are the same for employees.  If you are commuting to the office—that’s not a deductible expense.  If you’re driving around town meeting clients—that is deductible.

 

For example:  let’s say your average round trip commute is 20 miles every day.  The average person commutes to work 250 days out of the year so if your commute is 20 miles a day, you can expect your commuting miles to be 5000 miles a year.  That’s 5000 miles you can’t claim as a business expense.

 

But, let’s say you kept really good records of your business miles.  You traveled 17,000 miles on business (including your commute) during the year.  That means you drove 12,000 deductible miles and that’s pretty significant.  (17,000 – 5,000 is 12,000 miles)

 

To claim your mileage, you’ll need to know what type of car you drive, and the year, make, and model.  Also, when did you start using it for work?  The paperwork is going to ask you how many business miles you drove, how many commuting miles, and how many other miles (they mean personal—picking up the kids at school, buying groceries, and stuff like that.)

 

Do not lie about the mileage!  It is the most audited piece of any tax return.  Keep a log, use MapQuest, and learn to read your odometer.  Don’t make stuff up.  Most people over estimate their business mileage.

 

Use our FREE mileage log on our downloads tab: http://robergtaxsolutions.com/free-downloads/.  This is FREE to disburse amongst your family or friends.

 

Business entertaining:  The business lunch.  Just because you happen to have a receipt for eating a meal in a restaurant doesn’t make it a legitimate business expense.  If you learn nothing else from this post, learn to write on your receipt.  Who did you eat with and what was the meeting about?  It doesn’t have to be fancy:  Fred—networking, Marge—advertising, Peggy—sales call.  Enough to jog your memory if you get asked.

 

Dinner with your spouse is not a deductible business expense even if you’re talking business.  Don’t be naive.  The receipt for the fancy restaurant with the $200 dinner dated February 14th sure as heck better be well substantiated for business if you want to float that one by the IRS.  Same goes for the McDonald’s Play Place, how many people really are conducting business there?  (Okay, full disclosure, I’ve got a business client who does hold business meetings at McDonald’s—it works with balancing family duties, but the meetings are well documented.)

 

Remember, most business meals are in the 50% category; meaning that if you had $1,000 worth of business meals it only counts as a $500 deduction on your tax return.

 

Employee business expenses are a popular target for IRS audits.  It doesn’t mean you shouldn’t claim them though, it just means that you need to be extra careful.  Make sure you document everything.  Write on your receipts, keep a log book, hold onto your proof and you’ll be just fine with your deductions.

Time to Get Your Mileage Log Ready

 

Claiming mileage on your taxes requires a good mileage log.

                                  If you claim mileage for your business, your mileage log is your most important tax document!

 

 

Do you claim auto expenses for your business on your taxes?  If the answer is no, you should probably skip this blog post.  If the answer is yes, this is exactly the post you want to be reading.

 

I do a lot of audit work.  Lots of audit work.  Every audit that I’ve ever worked on where the taxpayer claimed mileage the IRS asked to look at the mileage log.  Every single one!  Small business owners are more likely to get audited than wage earners and most small business owners claim mileage.  So—if you’re a small business owner, you need a mileage log.

 

So here is your new mileage log.

mileage log

 

All you have to do is fill it in with the miles and the appointments.  It’s all set up and formatted as an Excel spreadsheet.  There’s even room for other auto expenses in case you’re using your actual costs instead of mileage.

 

 

Did you know that you have to keep track of your miles even if you are claiming your actual expenses?  It’s true.  Often, people come to me with their auto receipts and I can’t do anything for them without their mileage.  Whether you claim mileage or actual expenses, you must have a mileage log.

 

In order to do your mileage log correctly, you’ll need your odometer reading from the beginning of the year and from the end of the year.  I like to take my readings on New Year’s Day during the Rose Bowl Parade.  I started 2012 out with 81 miles on my car (I got a new car at the end of 2011.)  Now I’m up to 8903.  I should reach 9700 by the end of the year.    Of those miles, about 5,000 of them are for business.

 

If I’m claiming straight mileage, I would take the 5000 miles times the 55.5 cents per mile that I’m allowed to claim for a deduction of $2,775.   (The mileage rate for 2018 is 54.5 cents per mile.)

 

If I’m claiming actual expenses, then I’d take the 5,000 business miles I drove and divide that by the  9610 actual miles I drove during the year  to get the percentage of my expenses that I could deduct.  5,000 divided by 9610 = 51.98%.  So I’d total up all my gas and maintenance expenses and figure the depreciation and multiply that all by 51.98% to get the right dollar amount.

 

So you see, you can’t claim your actual expenses without having the mileage to figure the percentage.

 

 

Feel free to use it.  Copy it.  Give it to friends.  It’s okay.   We left the year off so that you can use it for multiple years if necessary.  We’d like you to use it when you have us do your taxes, but if you use someone else’s, that’s okay.  You can always use our mileage log.  The point is that it is very important to have a mileage log for your taxes that we don’t care who uses it.  It’s free.  We’re not even asking you to sign up for anything.

 

If you’re claiming auto expenses on your tax return this year, you need to use a mileage log.  If you don’t already have one, here’s one for you.

 

mileage log

 

Can I Claim My RV as a Business Expense?

Modern Senior On Vacation With Wifi

 

I had a client that owned his own business and he wanted to buy an RV so he could go on vacation with his family.  He wanted to know if he could write off the cost of the RV as a business expense if he put a sign about his business on the RV while he traveled around the country.  The answer to that is a flat out no.  The IRS is all over that idea and they don’t like it.

 

But, it may be possible to write of an RV as a business expense if you really do use the RV for business.  For example, let’s say you have clients in another city that you regularly visit.  When you are visiting those clients, you normally need to spend time in a hotel.  So, maybe the RV might be a good choice for you.  You could travel to the location in the RV and sleep in the RV instead of a hotel.

 

So I said you might be able to claim it—this isn’t a rock solid deduction.  You’ve got to be able to prove it’s truly a business expense.  There are a couple of things you must absolutely do.

 

  1. You must have a log of all of your miles you drive in the RV.  Not one of those, oh I drove some business miles and write it down later—a very serious, a very real mileage log.  Over 50% of the miles you drive must be used for business to try to take the RV as a deduction.
  2. You must also keep a log of all the nights that you sleep in the RV.  Same rule—over 50% of your nights sleeping in the RV must be for business.
  3. You must also keep your business trips shorter than 30 days so that the RV counts as transient lodging.   That means I can’t buy an RV and drive down to Florida for the entire tax season and spend my summers in Missouri.  (Well I could, but I wouldn’t be able to write off the RV as a business expense.)

 

And the main point you must absolutely keep in mind—do not use the RV for entertainment.  No business parties on the RV.  The IRS is pretty strict about that.  Entertainment facilities are not tax deductible (things like swimming pools, hunting lodges, and bowling alleys.)  Make sure that your RV is for lodging or travel—not for entertainment.

 

So although my client with the sign idea couldn’t claim the RV as a business expense just for putting a sign on it, if he chose to drive the RV on his business trips and stayed in the RV overnight instead of a hotel—he might be able to claim part of the RV expenses for his business, as long as his business use was more than his personal use.

 

Remember, trying to claim an RV as a business deduction is kind of “out there” and highly likely to be audited by the IRS.  You’re going to want to have really good documentation and a good accountant to back you up on this one.

Audit Proofing Your Employee Business Expenses

20000

Photo by Kelly on Flickr.com

I recently attended the national conference of the National Association of Tax Preparers. It was easy to get to as it was in St. Louis this year. As much as I enjoyed taking the classes and meeting new people, sometimes the best information you get at these things is not in the actual classes, but in the scuttlebutt that you hear about what’s going on across the country. One of the issues that people were talking about was that the IRS has really stepped up the audits on Employee Business Expenses (Form 2106).

Just because certain types of forms might be susceptible to an audit doesn’t mean you shouldn’t claim legitimate deductible expenses on your tax return. If you are entitled to a deduction, you should take it. (Let me tell you, Warren Buffet’s not skipping out on his legal deductions). Just make sure you can back up your claims.

If you plan on claiming Employee Business Expenses on your tax return this year, the one thing you’re going to want is a copy of your company’s policy on employee reimbursements. If you get audited for your Employee Business Expenses, the first thing the IRS will ask you for is your official company policy on official company letterhead. If your company has a full reimbursement policy—you will automatically lose the audit. You may not claim a deduction for expenses that could have been reimbursed by your company.

Major companies like GM or Citibank will definitely have a policy. Smaller companies often don’t. To be honest, on more than one occasion I’ve written the reimbursement policy for a small company so they could submit something to the IRS when an employee was being audited. (Now that I think about it, I guess I should write one for my own company).

If you are claiming business mileage, you want to have a mileage log. This is the big IRS “gotcha” because so many people just guess a number and it’s wrong. For some reason, people seem to think that they drive 20,000 miles a year for business. Some people actually do. Some drive even more. But if you say that you drive 20,000 miles for business, you had better be able to back it up with a mileage log. For one thing, “20,000” is like a guaranteed audit flag. If you keep a mileage log, all you have to do is just whip it out and show the IRS agent and you’re done, end of story.

People who claim 20,000 miles and don’t keep mileage logs have a tougher sell. You’ll need outside proof, like your oil change statements to show your overall mileage, plus some type of record to show where you’ve been. Like hotel receipts to prove you drove to various places on business. I charge $100 an hour to recreate those statements for you and it takes time to recreate 20,000 miles. You’ll save yourself a boatload of money and a big headache if you just keep the log.

Don’t make up mileage numbers. I’m serious about the 20,000 being an audit red flag. One audit I worked on the gentleman asked me why I thought he got pulled for an audit. It was obviously his miles. Everything about his tax return had looked pretty normal, except for his 20,000 business miles. Hint: round numbers in multiple thousands look suspicious. He had no mileage log so I had him get me his odometer readings from his oil change company. Well it turns out, not only did he not have 20,000 miles of business driving, he drove less than 5,000 miles during any given year for the past three years!

I’m good at what I do, but this guy wound up paying the IRS some money. I asked him, why did he claim so much in mileage when he only drove 5,000 miles altogether. He said that was what the other guys in his office claimed. Don’t do that! Use your own numbers.

The other thing that gets a lot of IRS attention is the meals and entertainment expense. This trick is so easy it’s ridiculous. Let’s say you take John Smith to lunch to talk about him buying your product. The waitress brings you the check and you get out your credit card. She brings the receipt back for you to sign and add the tip. You also write on the top copy: John Smith sales widgets. Or you may write Jane Doe, advertising; or Fred Bird IT consulting; or whatever. The bottom line is that this note tells you who you were with and what the meeting was about. The receipt itself gives the date, time and place. The waitress may wonder why you wrote about Jon Doe and the widgets on the receipt, but that’s fine, (she’s seen it before.) But by writing on the top copy of the sales receipt, you made the yellow copy a time recording stamp. As the yellow copy of your sales receipt ages it changes color. This shows that you wrote your note a long time ago – remember that an audit will be two or three years after the fact. This proves to the IRS that you were – time for the big word here—contemporaneously recording your business expenses. It gives you street cred with the IRS agent. You took care of business, back when you were supposed to instead of trying to make up stuff after it’s too late.

Bottom line, if you want to audit proof your employee business expenses, you want a copy of your company’s expense reimbursement plan, a solid mileage log, and notations made on the top copy of your meal receipts.