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Ten Most Commonly Asked Tax Questions

(For the  2009 tax year unless stated otherwise)

1.      Can I deduct a home office?  

In order to deduct expenses related to having a home office, you must use a certain part of your home exclusively and regularly for your trade or business.  This space does not have to be separated by a permanent partition.  Additionally, this part of your home must be one of the following:

  • Your principal place of business

  • A place where you meet and deal with customers

  • A separate structure

        If you are an employee, in addition to the above, your business use must be for the convenience of your employer.

     2.      If I am an employee, can I deduct my cell phone and my computer as a business expense?  

To deduct these expenses, the use has to be for the convenience of your employer and required as a condition of your employment.   If you use your computer or cell phone during working hours to carry on your employer’s business, and you need it to properly perform your duties, it would probably qualify as a deduction. 

              Other items often overlooked that can be deducted as an employee are: 

  • Dues to the chamber of commerce, if the membership helps your job

  • Dues to professional societies

  • Education that is work-related

  • Job search expenses in your present occupation

  • Legal fees related to your job

  • Licenses and regulatory fees

  • Malpractice insurance premiums

  • Passport for business trips

  • Subscriptions to professional journals

  • Tools and supplies used in your work

  • Union dues and expenses

  • Work clothes (including shoes) and uniforms if required and not suitable for everyday use.

     3.      What is the standard mileage rate?

Beginning Jan. 1, 2009, the standard mileage rates for the use of a car  will be:
  • 55 cents per mile for business miles driven;
  • 24 cents per mile driven for medical or moving purposes; and
  • 14 cents per mile driven in service to a charitable organization.

 

 

4.      Do I have to keep a mileage log for the business miles I deduct?  

Some type of timely-kept record should be maintained.  It doesn’t necessary have to be a mileage log.  If you frequent the same places on business, a calendar, palm pilot, or other similar log will usually suffice.  Bottom line:  the better your records are, the more likely they will be to stand up to audit scrutiny.  If you choose to keep your records on your laptop or palm pilot, be sure to print them out or back them up on a regular basis! 

     5.      Do I have to keep receipts for everything I deduct?

A receipt or paid bill is generally not required for expenses that are less than $75, with the exception of lodging.  A diary, log, or similar record should, however, be maintained.

     6.      Can I deduct my child’s college tuition?

Up to $4,000 of college tuition and fees are deductible if your AGI is not more than $65,000 ($130,000 if married filing jointly) or up to $2,000 if your AGI is higher than $65,000 but not more than $80,000 ($160,000 if married).  Note: Tuition and fees paid in 2008 for an academic period that begins in the first three months of 2009 can also be used in figuring the deduction.  

     7.      How much of my health insurance can I deduct if I am self-employed.

100% of health insurance premiums (up to the amount of self-employed earnings) can be deducted against income.

     8.      Can I write-off business gifts? 

Up to $25 can be written-off for each gift to a single recipient, per year, not including incidental costs like mailing, packaging, or engraving. 

    9.      Do I have to keep a receipt for the cash I throw in the offering plate at church each week?

If the donation is $250 or more you will need an acknowledgement from the organization.  Prior law allowed taxpayers to back up their donations of money with personal bank registers, diaries or notes made around the time of the donation. Those types of records are no longer sufficient.

If the donation is less than $250 you will need one of the following:

  • A cancelled check

  • A receipt from the organization showing date and amount of contribution

  • Credit card statement showing the name of the charity and transaction posting date

  • Bank statements should show the name of the charity and the date and amount paid

  10.    How long do I have to keep my tax returns? 

Generally income tax returns should be kept for three years.  If, however, the IRS finds out that you didn’t report more than 25% of your income, they can go back six years.

 

Other useful information:

  • Social security cap   $106,800 for 2009

  • 2008 Standard deduction  $ 10,900 if married, $5,450 if single

  • 2008 Exemptions $ 3,500

  • Basic traditional and Roth IRA deductions:    $5,000; if 50 or over: $6,000

 

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