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2012 Tax Amendment Form

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2012 Tax Amendment Form

2012 tax amendment form Publication 515 - Introductory Material Table of Contents Future Developments What's New Reminders IntroductionOrdering forms and publications. 2012 tax amendment form Tax questions. 2012 tax amendment form Useful Items - You may want to see: Future Developments For the latest information about developments related to Publication 515, such as legislation enacted after it was published, go to www. 2012 tax amendment form irs. 2012 tax amendment form gov/pub515. 2012 tax amendment form What's New Deposit interest paid to certain nonresident alien individuals. 2012 tax amendment form  New rules apply to reporting of deposit interest paid to certain nonresident alien individuals on or after January 1, 2013. 2012 tax amendment form Deposit interest of $10 or more paid to certain nonresident alien individuals must be reported on Form 1042–S. 2012 tax amendment form See Deposit interest paid to certain nonresident alien individuals in 2013. 2012 tax amendment form Portfolio interest. 2012 tax amendment form . 2012 tax amendment form  The rules determining whether interest is considered portfolio interest changed for obligations issued after March 18, 2012. 2012 tax amendment form Generally, interest paid on nonregistered (bearer) bonds will not be treated as portfolio interest. 2012 tax amendment form See Portfolio interest. 2012 tax amendment form U. 2012 tax amendment form S. 2012 tax amendment form real property interest. 2012 tax amendment form  Generally, the treatment of a regulated investment company (RIC) as a qualified investment entity (QIE) was scheduled to expire at the end of 2011. 2012 tax amendment form The provision has been extended through 2013. 2012 tax amendment form The special rules that apply to distributions from a QIE attributable to the gain from the sale or exchange of a U. 2012 tax amendment form S. 2012 tax amendment form real property interest will continue to apply to any distribution from a RIC. 2012 tax amendment form See Qualified investment entities under U. 2012 tax amendment form S. 2012 tax amendment form Real Property Interest. 2012 tax amendment form Interest-related dividends and short-term capital gain dividends received from mutual funds. 2012 tax amendment form  The exemption from withholding on certain interest-related dividends and short-term capital gain dividends paid by a mutual fund or other regulated investment company was scheduled to expire at the end of 2011. 2012 tax amendment form These provisions have been extended through 2013. 2012 tax amendment form Partnership withholding rate on effectively connected income. 2012 tax amendment form  For 2013, the rate for withholding on noncorporate partners has increased to 39. 2012 tax amendment form 6%. 2012 tax amendment form The rate for corporate partners remains 35%. 2012 tax amendment form Reminders Exemption from requirement to withhold for certain payments to qualified securities lenders. 2012 tax amendment form  If you made U. 2012 tax amendment form S. 2012 tax amendment form -source substitute dividend payments to qualified securities lenders, and these payments are part of a chain of substitute dividend payments, you may be exempt from withholding tax on the payments. 2012 tax amendment form See Amounts paid to qualified securities lenders . 2012 tax amendment form Electronic deposits. 2012 tax amendment form  You must make all deposits of taxes electronically. 2012 tax amendment form Substitute forms. 2012 tax amendment form  Any substitute forms you use must comply with the requirements in Publication 1179, General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 5498, and Certain Other Information Returns. 2012 tax amendment form If they do not, the forms may be rejected as incorrect and the IRS may impose penalties. 2012 tax amendment form See Penalties. 2012 tax amendment form Filing electronically. 2012 tax amendment form  If you file Form 1042-S electronically, you will use the Filing Information Returns Electronically (FIRE) system. 2012 tax amendment form You get to the system through the Internet at fire. 2012 tax amendment form irs. 2012 tax amendment form gov. 2012 tax amendment form For files submitted on the FIRE system, it is the responsibility of the filer to verify the results of the transmission within 5 business days. 2012 tax amendment form The IRS will not mail error reports for files that are bad. 2012 tax amendment form Qualified intermediaries. 2012 tax amendment form  A branch of a financial institution may not act as a qualified intermediary in a country that does not have approved know-your-customer rules. 2012 tax amendment form See Qualified intermediary under Foreign Intermediaries. 2012 tax amendment form Requests for extensions on Form 8809 must be filed electronically. 2012 tax amendment form  Requests on Form 8809 for an extension of time to file Form 1042–S must be made electronically if the request is for more than one payer. 2012 tax amendment form See Extension to file Form 1042-S with the IRS. 2012 tax amendment form Photographs of missing children. 2012 tax amendment form  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. 2012 tax amendment form Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. 2012 tax amendment form You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. 2012 tax amendment form Introduction This publication is for withholding agents who pay income to foreign persons, including nonresident aliens, foreign corporations, foreign partnerships, foreign trusts, foreign estates, foreign governments, and international organizations. 2012 tax amendment form Specifically, it describes the persons responsible for withholding (withholding agents), the types of income subject to withholding, and the information return and tax return filing obligations of withholding agents. 2012 tax amendment form In addition to discussing the rules that apply generally to payments of U. 2012 tax amendment form S. 2012 tax amendment form source income to foreign persons, it also contains sections on the withholding that applies to the disposition of U. 2012 tax amendment form S. 2012 tax amendment form real property interests and the withholding by partnerships on income effectively connected with the active conduct of a U. 2012 tax amendment form S. 2012 tax amendment form trade or business. 2012 tax amendment form Beginning in 2014, additional withholding rules become effective under Chapter 4 of the Internal Revenue Code as added by the Foreign Account Tax Compliance Act (FATCA). 2012 tax amendment form U. 2012 tax amendment form S. 2012 tax amendment form withholding agents will be required to withhold on certain types of payments made to foreign financial institutions that do not enter into an agreement with the IRS. 2012 tax amendment form For information on these provisions, go to www. 2012 tax amendment form irs. 2012 tax amendment form gov/fatca. 2012 tax amendment form Comments and suggestions. 2012 tax amendment form   We welcome your comments about this publication and your suggestions for future editions. 2012 tax amendment form   You can write to us at the following address: Internal Revenue Service Business Forms and Publications Branch SE:W:CAR:MP:T:B 1111 Constitution Ave. 2012 tax amendment form NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. 2012 tax amendment form Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. 2012 tax amendment form   You can email us at taxforms@irs. 2012 tax amendment form gov. 2012 tax amendment form Please put “Publications Comment” on the subject line. 2012 tax amendment form You can also send us comments from www. 2012 tax amendment form irs. 2012 tax amendment form gov/formspubs/. 2012 tax amendment form Select “Comment on Tax Forms and Publications” under “Information About. 2012 tax amendment form ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. 2012 tax amendment form Ordering forms and publications. 2012 tax amendment form   Visit www. 2012 tax amendment form irs. 2012 tax amendment form gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. 2012 tax amendment form Internal Revenue Service 1201 N. 2012 tax amendment form Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. 2012 tax amendment form   If you have a tax question, check the information available on IRS. 2012 tax amendment form gov or call 1-800-829-1040. 2012 tax amendment form We cannot answer tax questions sent to either of the above addresses. 2012 tax amendment form Useful Items - You may want to see: Publication 15 (Circular E), Employer's Tax Guide 15-A Employer's Supplemental Tax Guide 15-B Employer's Tax Guide to Fringe Benefits 51 (Circular A), Agricultural Employer's Tax Guide 519 U. 2012 tax amendment form S. 2012 tax amendment form Tax Guide for Aliens 901 U. 2012 tax amendment form S. 2012 tax amendment form Tax Treaties Form (and Instructions) SS-4 Application for Employer Identification Number W-2 Wage and Tax Statement W-4 Employee's Withholding Allowance Certificate W-4P Withholding Certificate for Pension or Annuity Payments W-7 Application for IRS Individual Taxpayer Identification Number W-8BEN Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding W-8ECI Certificate of Foreign Person's Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States W-8EXP Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding W-8IMY Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U. 2012 tax amendment form S. 2012 tax amendment form Branches for United States Tax Withholding 941 Employer's QUARTERLY Federal Tax Return 1042 Annual Withholding Tax Return for U. 2012 tax amendment form S. 2012 tax amendment form Source Income of Foreign Persons 1042-S Foreign Person's U. 2012 tax amendment form S. 2012 tax amendment form Source Income Subject to Withholding 1042-T Annual Summary and Transmittal of Forms 1042-S See How To Get Tax Help at the end of this publication, for information about getting publications and forms. 2012 tax amendment form Prev  Up  Next   Home   More Online Publications
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Consumer Protection Offices

City, county, regional, and state consumer offices offer a variety of important services. They might mediate complaints, conduct investigations, prosecute offenders of consumer laws, license and regulate professional service providers, provide educational materials and advocate for consumer rights. To save time, call before sending a written complaint. Ask if the office handles the type of complaint you have and if complaint forms are provided.

State Consumer Protection Offices

Office of the Attorney General

Website: Office of the Attorney General

Address: Office of the Attorney General
Consumer Protection Unit
123 State Capitol
200 W. 24th St.
Cheyenne, WY 82002

Phone Number: 307-777-7841

TTY: 307-777-5351

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Banking Authorities

The officials listed in this section regulate and supervise state-chartered banks. Many of them handle or refer problems and complaints about other types of financial institutions as well. Some also answer general questions about banking and consumer credit. If you are dealing with a federally chartered bank, check Federal Agencies.

Department of Audit

Website: Department of Audit

Address: Department of Audit
Division of Banking
122 W. 25th St.
Herschler Building, 3rd Floor, East
Cheyenne, WY 82002

Phone Number: 307-777-7797

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Insurance Regulators

Each state has its own laws and regulations for each type of insurance. The officials listed in this section enforce these laws. Many of these offices can also provide you with information to help you make informed insurance buying decisions.

Department of Insurance

Website: Department of Insurance

Address: Department of Insurance
Consumer Affairs Section
106 E. 6th Ave.
Cheyenne, WY 82002

Phone Number: 307-777-7401

Toll-free: 1-800-438-5768 (WY)

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Securities Administrators

Each state has its own laws and regulations for securities brokers and securities - including stocks, mutual funds, commodities, real estate, etc. The officials and agencies listed in this section enforce these laws and regulations. Many of these offices can also provide information to help you make informed investment decisions.

Office of the Secretary of State

Website: Office of the Secretary of State

Address: Office of the Secretary of State
Compliance Division
State Capitol Building
200 W. 24th St.
Cheyenne, WY 82002-0020

Phone Number: 307-777-7370

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Utility Commissions

State Utility Commissions regulate services and rates for gas, electricity and telephones within your state. In some states, the utility commissions regulate other services such as water, transportation, and the moving of household goods. Many utility commissions handle consumer complaints. Sometimes, if a number of complaints are received about the same utility matter, they will conduct investigations.

Public Service Commission

Website: Public Service Commission

Address: Public Service Commission
2515 Warren Ave., Suite 300
Cheyenne, WY 82002

Phone Number: 307-777-7427

Toll-free: 1-888-570-9905 (WY)

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The 2012 Tax Amendment Form

2012 tax amendment form 6. 2012 tax amendment form   How To Report Table of Contents Where To ReportGifts. 2012 tax amendment form Statutory employees. 2012 tax amendment form Vehicle Provided by Your Employer ReimbursementsAccountable Plans Nonaccountable Plans Rules for Independent Contractors and Clients How To Use Per Diem Rate TablesThe Two Substantiation Methods Transition Rules Completing Forms 2106 and 2106-EZInformation on use of cars. 2012 tax amendment form Standard mileage rate. 2012 tax amendment form Actual expenses. 2012 tax amendment form Car rentals. 2012 tax amendment form Hours of service limits. 2012 tax amendment form Allocating your reimbursement. 2012 tax amendment form 1. 2012 tax amendment form Limit on meals and entertainment. 2012 tax amendment form 2. 2012 tax amendment form Limit on miscellaneous itemized deductions. 2012 tax amendment form 3. 2012 tax amendment form Limit on total itemized deductions. 2012 tax amendment form Special Rules This chapter explains where and how to report the expenses discussed in this publication. 2012 tax amendment form It discusses reimbursements and how to treat them under accountable and nonaccountable plans. 2012 tax amendment form It also explains rules for independent contractors and clients, fee-basis officials, certain performing artists, Armed Forces reservists, and certain disabled employees. 2012 tax amendment form The chapter ends with illustrations of how to report travel, entertainment, gift, and car expenses on Forms 2106 and 2106-EZ. 2012 tax amendment form Where To Report This section provides general information on where to report the expenses discussed in this publication. 2012 tax amendment form Self-employed. 2012 tax amendment form   You must report your income and expenses on Schedule C (Form 1040) or Schedule C-EZ (Form 1040) if you are a sole proprietor, or on Schedule F (Form 1040) if you are a farmer. 2012 tax amendment form You do not use Form 2106 or 2106-EZ. 2012 tax amendment form    If you claim car or truck expenses, you must provide certain information on the use of your vehicle. 2012 tax amendment form You provide this information on Schedule C (Form 1040), Schedule C-EZ (Form 1040), or Form 4562. 2012 tax amendment form   If you file Schedule C (Form 1040): Report your travel expenses, except meals, on line 24a, Report your deductible meals (actual cost or standard meal allowance) and entertainment on line 24b, Report your gift expenses and transportation expenses, other than car expenses, on line 27a, and Report your car expenses on line 9. 2012 tax amendment form Complete Part IV of the form unless you have to file Form 4562 for depreciation or amortization. 2012 tax amendment form   If you file Schedule C-EZ (Form 1040), report the total of all business expenses on line 2. 2012 tax amendment form You can only include 50% of your meals and entertainment in that total. 2012 tax amendment form If you include car expenses, you must also complete Part III of the form. 2012 tax amendment form    If you file Schedule F (Form 1040): Report your car expenses on line 10. 2012 tax amendment form Attach Form 4562 and provide information on the use of your car in Part V of Form 4562. 2012 tax amendment form Report all other business expenses discussed in this publication on line 32. 2012 tax amendment form You can only include 50% of your meals and entertainment on that line. 2012 tax amendment form See your form instructions for more information on how to complete your tax return. 2012 tax amendment form Both self-employed and an employee. 2012 tax amendment form   If you are both self-employed and an employee, you must keep separate records for each business activity. 2012 tax amendment form Report your business expenses for self-employment on Schedule C (Form 1040), Schedule C-EZ (Form 1040), or Schedule F (Form 1040), as discussed earlier. 2012 tax amendment form Report your business expenses for your work as an employee on Form 2106 or 2106-EZ, as discussed next. 2012 tax amendment form Employees. 2012 tax amendment form    If you are an employee, you generally must complete Form 2106 to deduct your travel, transportation, and entertainment expenses. 2012 tax amendment form However, you can use the shorter Form 2106-EZ instead of Form 2106 if you meet all of the following conditions. 2012 tax amendment form You are an employee deducting expenses attributable to your job. 2012 tax amendment form You were not reimbursed by your employer for your expenses (amounts included in box 1 of your Form W-2 are not considered reimbursements). 2012 tax amendment form If you claim car expenses, you use the standard mileage rate. 2012 tax amendment form   For more information on how to report your expenses on Forms 2106 and 2106-EZ, see Completing Forms 2106 and 2106-EZ , later. 2012 tax amendment form Gifts. 2012 tax amendment form   If you did not receive any reimbursements (or the reimbursements were all included in box 1 of your Form W-2), the only business expense you are claiming is for gifts, and the Special Rules discussed later do not apply to you, do not complete Form 2106 or 2106-EZ. 2012 tax amendment form Instead, claim the amount of your deductible gifts directly on line 21 of Schedule A (Form 1040). 2012 tax amendment form Statutory employees. 2012 tax amendment form    If you received a Form W-2 and the “Statutory employee” box in box 13 was checked, report your income and expenses related to that income on Schedule C (Form 1040) or Schedule C-EZ (Form 1040). 2012 tax amendment form Do not complete Form 2106 or 2106-EZ. 2012 tax amendment form   Statutory employees include full-time life insurance salespersons, certain agent or commission drivers, traveling salespersons, and certain homeworkers. 2012 tax amendment form If you are entitled to a reimbursement from your employer but you do not claim it, you cannot claim a deduction for the expenses to which that unclaimed reimbursement applies. 2012 tax amendment form Reimbursement for personal expenses. 2012 tax amendment form    If your employer reimburses you for nondeductible personal expenses, such as for vacation trips, your employer must report the reimbursement as wage income in box 1 of your Form W-2. 2012 tax amendment form You cannot deduct personal expenses. 2012 tax amendment form Income-producing property. 2012 tax amendment form   If you have travel or transportation expenses related to income-producing property, report your deductible expenses on the form appropriate for that activity. 2012 tax amendment form   For example, if you have rental real estate income and expenses, report your expenses on Schedule E (Form 1040), Supplemental Income and Loss. 2012 tax amendment form See Publication 527, Residential Rental Property, for more information on the rental of real estate. 2012 tax amendment form If you have deductible investment-related transportation expenses, report them on Schedule A (Form 1040), line 23. 2012 tax amendment form Vehicle Provided by Your Employer If your employer provides you with a car, you may be able to deduct the actual expenses of operating that car for business purposes. 2012 tax amendment form The amount you can deduct depends on the amount that your employer included in your income and the business and personal miles you drove during the year. 2012 tax amendment form You cannot use the standard mileage rate. 2012 tax amendment form Value reported on Form W-2. 2012 tax amendment form   Your employer can figure and report either the actual value of your personal use of the car or the value of the car as if you used it only for personal purposes (100% income inclusion). 2012 tax amendment form Your employer must separately state the amount if 100% of the annual lease value was included in your income. 2012 tax amendment form If you are unsure of the amount included on your Form W-2, ask your employer. 2012 tax amendment form Full value included in your income. 2012 tax amendment form   You can deduct the value of the business use of an employer-provided car if your employer reported 100% of the value of the car in your income. 2012 tax amendment form On your 2013 Form W-2, the amount of the value will be included in box 1, Wages, tips, other compensation, and box 14. 2012 tax amendment form    To claim your expenses, complete Form 2106, Part II, Sections A and C. 2012 tax amendment form Enter your actual expenses on line 23 of Section C and include the entire value of the employer-provided car on line 25. 2012 tax amendment form Complete the rest of the form. 2012 tax amendment form Less than full value included in your income. 2012 tax amendment form   If less than the full annual lease value of the car was included on your Form W-2, this means that your Form W-2 only includes the value of your personal use of the car. 2012 tax amendment form Do not enter this value on your Form 2106 because it is not deductible. 2012 tax amendment form   If you paid any actual costs (that your employer did not provide or reimburse you for) to operate the car, you can deduct the business portion of those costs. 2012 tax amendment form Examples of costs that you may have are gas, oil, and repairs. 2012 tax amendment form Complete Form 2106, Part II, Sections A and C. 2012 tax amendment form Enter your actual costs on line 23 of Section C and leave line 25 blank. 2012 tax amendment form Complete the rest of the form. 2012 tax amendment form Reimbursements This section explains what to do when you receive an advance or are reimbursed for any of the employee business expenses discussed in this publication. 2012 tax amendment form If you received an advance, allowance, or reimbursement for your expenses, how you report this amount and your expenses depends on whether your employer reimbursed you under an accountable plan or a nonaccountable plan. 2012 tax amendment form This section explains the two types of plans, how per diem and car allowances simplify proving the amount of your expenses, and the tax treatment of your reimbursements and expenses. 2012 tax amendment form It also covers rules for independent contractors. 2012 tax amendment form No reimbursement. 2012 tax amendment form   You are not reimbursed or given an allowance for your expenses if you are paid a salary or commission with the understanding that you will pay your own expenses. 2012 tax amendment form In this situation, you have no reimbursement or allowance arrangement, and you do not have to read this section on reimbursements. 2012 tax amendment form Instead, see Completing Forms 2106 and 2106-EZ , later, for information on completing your tax return. 2012 tax amendment form Reimbursement, allowance, or advance. 2012 tax amendment form   A reimbursement or other expense allowance arrangement is a system or plan that an employer uses to pay, substantiate, and recover the expenses, advances, reimbursements, and amounts charged to the employer for employee business expenses. 2012 tax amendment form Arrangements include per diem and car allowances. 2012 tax amendment form    A per diem allowance is a fixed amount of daily reimbursement your employer gives you for your lodging, meals, and incidental expenses when you are away from home on business. 2012 tax amendment form (The term “ incidental expenses ” is defined in chapter 1 under Standard Meal Allowance. 2012 tax amendment form ) A car allowance is an amount your employer gives you for the business use of your car. 2012 tax amendment form   Your employer should tell you what method of reimbursement is used and what records you must provide. 2012 tax amendment form Employers. 2012 tax amendment form   If you are an employer and you reimburse employee business expenses, how you treat this reimbursement on your employee's Form W-2 depends in part on whether you have an accountable plan. 2012 tax amendment form Reimbursements treated as paid under an accountable plan, as explained next, are not reported as pay. 2012 tax amendment form Reimbursements treated as paid under nonaccountable plans , as explained later, are reported as pay. 2012 tax amendment form See Publication 15 (Circular E), Employer's Tax Guide, for information on employee pay. 2012 tax amendment form Accountable Plans To be an accountable plan, your employer's reimbursement or allowance arrangement must include all of the following rules: Your expenses must have a business connection — that is, you must have paid or incurred deductible expenses while performing services as an employee of your employer. 2012 tax amendment form You must adequately account to your employer for these expenses within a reasonable period of time. 2012 tax amendment form You must return any excess reimbursement or allowance within a reasonable period of time. 2012 tax amendment form “ Adequate accounting ” and “ returning excess reimbursements ” are discussed later. 2012 tax amendment form An excess reimbursement or allowance is any amount you are paid that is more than the business-related expenses that you adequately accounted for to your employer. 2012 tax amendment form Reasonable period of time. 2012 tax amendment form   The definition of reasonable period of time depends on the facts and circumstances of your situation. 2012 tax amendment form However, regardless of the facts and circumstances of your situation, actions that take place within the times specified in the following list will be treated as taking place within a reasonable period of time. 2012 tax amendment form You receive an advance within 30 days of the time you have an expense. 2012 tax amendment form You adequately account for your expenses within 60 days after they were paid or incurred. 2012 tax amendment form You return any excess reimbursement within 120 days after the expense was paid or incurred. 2012 tax amendment form You are given a periodic statement (at least quarterly) that asks you to either return or adequately account for outstanding advances and you comply within 120 days of the statement. 2012 tax amendment form Employee meets accountable plan rules. 2012 tax amendment form   If you meet the three rules for accountable plans, your employer should not include any reimbursements in your income in box 1 of your Form W-2. 2012 tax amendment form If your expenses equal your reimbursements, you do not complete Form 2106. 2012 tax amendment form You have no deduction since your expenses and reimbursement are equal. 2012 tax amendment form    If your employer included reimbursements in box 1 of your Form W-2 and you meet all the rules for accountable plans, ask your employer for a corrected Form W-2. 2012 tax amendment form Accountable plan rules not met. 2012 tax amendment form   Even though you are reimbursed under an accountable plan, some of your expenses may not meet all three rules. 2012 tax amendment form All reimbursements that fail to meet all three rules for accountable plans are generally treated as having been reimbursed under a nonaccountable plan (discussed later). 2012 tax amendment form Failure to return excess reimbursements. 2012 tax amendment form   If you are reimbursed under an accountable plan, but you fail to return, within a reasonable time, any amounts in excess of the substantiated amounts, the amounts paid in excess of the substantiated expenses are treated as paid under a nonaccountable plan. 2012 tax amendment form See Reasonable period of time , earlier, and Returning Excess Reimbursements , later. 2012 tax amendment form Reimbursement of nondeductible expenses. 2012 tax amendment form   You may be reimbursed under your employer's accountable plan for expenses related to that employer's business, some of which are deductible as employee business expenses and some of which are not deductible. 2012 tax amendment form The reimbursements you receive for the nondeductible expenses do not meet rule (1) for accountable plans, and they are treated as paid under a nonaccountable plan. 2012 tax amendment form Example. 2012 tax amendment form Your employer's plan reimburses you for travel expenses while away from home on business and also for meals when you work late at the office, even though you are not away from home. 2012 tax amendment form The part of the arrangement that reimburses you for the nondeductible meals when you work late at the office is treated as paid under a nonaccountable plan. 2012 tax amendment form The employer makes the decision whether to reimburse employees under an accountable plan or a nonaccountable plan. 2012 tax amendment form If you are an employee who receives payments under a nonaccountable plan, you cannot convert these amounts to payments under an accountable plan by voluntarily accounting to your employer for the expenses and voluntarily returning excess reimbursements to the employer. 2012 tax amendment form Adequate Accounting One of the rules for an accountable plan is that you must adequately account to your employer for your expenses. 2012 tax amendment form You adequately account by giving your employer a statement of expense, an account book, a diary, or a similar record in which you entered each expense at or near the time you had it, along with documentary evidence (such as receipts) of your travel, mileage, and other employee business expenses. 2012 tax amendment form (See Table 5-1 in chapter 5 for details you need to enter in your record and documents you need to prove certain expenses. 2012 tax amendment form ) A per diem or car allowance satisfies the adequate accounting requirement under certain conditions. 2012 tax amendment form See Per Diem and Car Allowances , later. 2012 tax amendment form You must account for all amounts you received from your employer during the year as advances, reimbursements, or allowances. 2012 tax amendment form This includes amounts you charged to your employer by credit card or other method. 2012 tax amendment form You must give your employer the same type of records and supporting information that you would have to give to the IRS if the IRS questioned a deduction on your return. 2012 tax amendment form You must pay back the amount of any reimbursement or other expense allowance for which you do not adequately account or that is more than the amount for which you accounted. 2012 tax amendment form Per Diem and Car Allowances If your employer reimburses you for your expenses using a per diem or a car allowance, you can generally use the allowance as proof for the amount of your expenses. 2012 tax amendment form A per diem or car allowance satisfies the adequate accounting requirements for the amount of your expenses only if all the following conditions apply. 2012 tax amendment form Your employer reasonably limits payments of your expenses to those that are ordinary and necessary in the conduct of the trade or business. 2012 tax amendment form The allowance is similar in form to and not more than the federal rate (defined later). 2012 tax amendment form You prove the time (dates), place, and business purpose of your expenses to your employer (as explained in Table 5-1 ) within a reasonable period of time. 2012 tax amendment form You are not related to your employer (as defined next). 2012 tax amendment form If you are related to your employer, you must be able to prove your expenses to the IRS even if you have already adequately accounted to your employer and returned any excess reimbursement. 2012 tax amendment form If the IRS finds that an employer's travel allowance practices are not based on reasonably accurate estimates of travel costs (including recognition of cost differences in different areas for per diem amounts), you will not be considered to have accounted to your employer. 2012 tax amendment form In this case, you must be able to prove your expenses to the IRS. 2012 tax amendment form Related to employer. 2012 tax amendment form   You are related to your employer if: Your employer is your brother or sister, half brother or half sister, spouse, ancestor, or lineal descendant, Your employer is a corporation in which you own, directly or indirectly, more than 10% in value of the outstanding stock, or Certain relationships (such as grantor, fiduciary, or beneficiary) exist between you, a trust, and your employer. 2012 tax amendment form You may be considered to indirectly own stock, for purposes of (2), if you have an interest in a corporation, partnership, estate, or trust that owns the stock or if a member of your family or your partner owns the stock. 2012 tax amendment form The federal rate. 2012 tax amendment form   The federal rate can be figured using any one of the following methods. 2012 tax amendment form For per diem amounts: The regular federal per diem rate. 2012 tax amendment form The standard meal allowance. 2012 tax amendment form The high-low rate. 2012 tax amendment form For car expenses: The standard mileage rate. 2012 tax amendment form A fixed and variable rate (FAVR). 2012 tax amendment form    For per diem amounts, use the rate in effect for the area where you stop for sleep or rest. 2012 tax amendment form Regular federal per diem rate. 2012 tax amendment form   The regular federal per diem rate is the highest amount that the federal government will pay to its employees for lodging, meals, and incidental expenses (or meals and incidental expenses only) while they are traveling away from home in a particular area. 2012 tax amendment form The rates are different for different locations. 2012 tax amendment form Your employer should have these rates available. 2012 tax amendment form You can also find federal per diem rates at www. 2012 tax amendment form gsa. 2012 tax amendment form gov/perdiem. 2012 tax amendment form The standard meal allowance. 2012 tax amendment form   The standard meal allowance (discussed in chapter 1) is the federal rate for meals and incidental expenses (M&IE). 2012 tax amendment form The rate for most small localities in the United States is $46 a day. 2012 tax amendment form Most major cities and many other localities qualify for higher rates. 2012 tax amendment form You can find this information on the Internet at www. 2012 tax amendment form gsa. 2012 tax amendment form gov/perdiem. 2012 tax amendment form   You receive an allowance only for meals and incidental expenses when your employer does one of the following. 2012 tax amendment form Provides you with lodging (furnishes it in kind). 2012 tax amendment form Reimburses you, based on your receipts, for the actual cost of your lodging. 2012 tax amendment form Pays the hotel, motel, etc. 2012 tax amendment form , directly for your lodging. 2012 tax amendment form Does not have a reasonable belief that you had (or will have) lodging expenses, such as when you stay with friends or relatives or sleep in the cab of your truck. 2012 tax amendment form Figures the allowance on a basis similar to that used in computing your compensation, such as number of hours worked or miles traveled. 2012 tax amendment form High-low rate. 2012 tax amendment form   This is a simplified method of computing the federal per diem rate for travel within the continental United States. 2012 tax amendment form It eliminates the need to keep a current list of the per diem rates for each city. 2012 tax amendment form   Under the high-low method, the per diem amount for travel during January through September of 2013 is $242 (including $65 for M&IE) for certain high-cost locations. 2012 tax amendment form All other areas have a per diem amount of $163 (including $52 for M&IE). 2012 tax amendment form For more information, see Notice 2012-63, which can be found on the Internet at www. 2012 tax amendment form irs. 2012 tax amendment form gov/irb/2012-42_IRB/ar12. 2012 tax amendment form html. 2012 tax amendment form    Effective October 1, 2013, the per diem rate for certain high-cost locations increased to $251 (including $65 for M&IE). 2012 tax amendment form The rate for all other locations increased to $170 (including $52 for M&IE). 2012 tax amendment form Employers who did not use the high-low method during the first 9 months of 2013 cannot begin to use it before 2014. 2012 tax amendment form For more information, see Notice 2013-65, which can be found on the Internet at www. 2012 tax amendment form irs. 2012 tax amendment form gov/pub/irs-drop/n-13–65. 2012 tax amendment form pdf and Revenue Procedure 2011-47 at www. 2012 tax amendment form irs. 2012 tax amendment form gov/irb/2011-42_IRB/ar12. 2012 tax amendment form html. 2012 tax amendment form Prorating the standard meal allowance on partial days of travel. 2012 tax amendment form   The standard meal allowance is for a full 24-hour day of travel. 2012 tax amendment form If you travel for part of a day, such as on the days you depart and return, you must prorate the full-day M&IE rate. 2012 tax amendment form This rule also applies if your employer uses the regular federal per diem rate or the high-low rate. 2012 tax amendment form   You can use either of the following methods to figure the federal M&IE for that day. 2012 tax amendment form Method 1: For the day you depart, add 3/4 of the standard meal allowance amount for that day. 2012 tax amendment form For the day you return, add 3/4 of the standard meal allowance amount for the preceding day. 2012 tax amendment form Method 2: Prorate the standard meal allowance using any method you consistently apply in accordance with reasonable business practice. 2012 tax amendment form For example, an employer can treat 2 full days of per diem (that includes M&IE) paid for travel away from home from 9 a. 2012 tax amendment form m. 2012 tax amendment form of one day to 5 p. 2012 tax amendment form m. 2012 tax amendment form of the next day as being no more than the federal rate. 2012 tax amendment form This is true even though a federal employee would be limited to a reimbursement of M&IE for only 1½ days of the federal M&IE rate. 2012 tax amendment form The standard mileage rate. 2012 tax amendment form   This is a set rate per mile that you can use to compute your deductible car expenses. 2012 tax amendment form For 2013, the standard mileage rate for the cost of operating your car for business use is 56½ cents per mile. 2012 tax amendment form Fixed and variable rate (FAVR). 2012 tax amendment form   This is an allowance your employer may use to reimburse your car expenses. 2012 tax amendment form Under this method, your employer pays an allowance that includes a combination of payments covering fixed and variable costs, such as a cents-per-mile rate to cover your variable operating costs (such as gas, oil, etc. 2012 tax amendment form ) plus a flat amount to cover your fixed costs (such as depreciation (or lease payments), insurance, etc. 2012 tax amendment form ). 2012 tax amendment form If your employer chooses to use this method, your employer will request the necessary records from you. 2012 tax amendment form Reporting your expenses with a per diem or car allowance. 2012 tax amendment form   If your reimbursement is in the form of an allowance received under an accountable plan, the following facts affect your reporting. 2012 tax amendment form The federal rate. 2012 tax amendment form Whether the allowance or your actual expenses were more than the federal rate. 2012 tax amendment form The following discussions explain where to report your expenses depending upon how the amount of your allowance compares to the federal rate. 2012 tax amendment form Allowance less than or equal to the federal rate. 2012 tax amendment form   If your allowance is less than or equal to the federal rate, the allowance will not be included in box 1 of your Form W-2. 2012 tax amendment form You do not need to report the related expenses or the allowance on your return if your expenses are equal to or less than the allowance. 2012 tax amendment form   However, if your actual expenses are more than your allowance, you can complete Form 2106 and deduct the excess amount on Schedule A (Form 1040). 2012 tax amendment form If you are using actual expenses, you must be able to prove to the IRS the total amount of your expenses and reimbursements for the entire year. 2012 tax amendment form If you are using the standard meal allowance or the standard mileage rate, you do not have to prove that amount. 2012 tax amendment form Example 1. 2012 tax amendment form In April, Jeremy takes a 2-day business trip to Denver. 2012 tax amendment form The federal rate for Denver is $215 per day. 2012 tax amendment form As required by his employer's accountable plan, he accounts for the time (dates), place, and business purpose of the trip. 2012 tax amendment form His employer reimburses him $215 a day ($430 total) for living expenses. 2012 tax amendment form Jeremy's living expenses in Denver are not more than $215 a day. 2012 tax amendment form Jeremy's employer does not include any of the reimbursement on his Form W-2 and Jeremy does not deduct the expenses on his return. 2012 tax amendment form Example 2. 2012 tax amendment form In June, Matt takes a 2-day business trip to Boston. 2012 tax amendment form Matt's employer uses the high-low method to reimburse employees. 2012 tax amendment form Since Boston is a high-cost area, Matt is given an advance of $242 a day ($484 total) for his lodging, meals, and incidental expenses. 2012 tax amendment form Matt's actual expenses totaled $700. 2012 tax amendment form Since Matt's $700 of expenses are more than his $484 advance, he includes the excess expenses when he itemizes his deductions. 2012 tax amendment form Matt completes Form 2106 (showing all of his expenses and reimbursements). 2012 tax amendment form He must also allocate his reimbursement between his meals and other expenses as discussed later under Completing Forms 2106 and 2106-EZ . 2012 tax amendment form Example 3. 2012 tax amendment form Nicole drives 10,000 miles in 2013 for business. 2012 tax amendment form Under her employer's accountable plan, she accounts for the time (dates), place, and business purpose of each trip. 2012 tax amendment form Her employer pays her a mileage allowance of 40 cents a mile. 2012 tax amendment form Since Nicole's $5,650 expense computed under the standard mileage rate (10,000 miles x 56½ cents) is more than her $4,000 reimbursement (10,000 miles × 40 cents), she itemizes her deductions to claim the excess expense. 2012 tax amendment form Nicole completes Form 2106 (showing all her expenses and reimbursements) and enters $1,650 ($5,650 − $4,000) as an itemized deduction. 2012 tax amendment form Allowance more than the federal rate. 2012 tax amendment form   If your allowance is more than the federal rate, your employer must include the allowance amount up to the federal rate in box 12 of your Form W-2. 2012 tax amendment form This amount is not taxable. 2012 tax amendment form However, the excess allowance will be included in box 1 of your Form W-2. 2012 tax amendment form You must report this part of your allowance as if it were wage income. 2012 tax amendment form   If your actual expenses are less than or equal to the federal rate, you do not complete Form 2106 or claim any of your expenses on your return. 2012 tax amendment form   However, if your actual expenses are more than the federal rate, you can complete Form 2106 and deduct those excess expenses. 2012 tax amendment form You must report on Form 2106 your reimbursements up to the federal rate (as shown in box 12 of your Form W-2) and all your expenses. 2012 tax amendment form You should be able to prove these amounts to the IRS. 2012 tax amendment form Example 1. 2012 tax amendment form Laura lives and works in Austin. 2012 tax amendment form In July her employer sent her to Albuquerque for 4 days on business. 2012 tax amendment form Laura's employer paid the hotel directly for her lodging and reimbursed Laura $65 a day ($260 total) for meals and incidental expenses. 2012 tax amendment form Laura's actual meal expenses were not more than the federal rate for Albuquerque, which is $56 per day. 2012 tax amendment form Table 6-1. 2012 tax amendment form Reporting Travel, Entertainment, Gift, and Car Expenses and Reimbursements IF the type of reimbursement (or  other expense allowance)  arrangement is under: THEN the employer reports on Form W-2: AND the employee reports on  Form 2106: * An accountable plan with: Actual expense reimbursement: Adequate accounting made and excess returned. 2012 tax amendment form No amount. 2012 tax amendment form No amount. 2012 tax amendment form Actual expense reimbursement: Adequate accounting and return of excess both required but excess not returned. 2012 tax amendment form The excess amount as wages in box 1. 2012 tax amendment form No amount. 2012 tax amendment form Per diem or mileage allowance up to the federal rate: Adequate accounting made and excess returned. 2012 tax amendment form No amount. 2012 tax amendment form All expenses and reimbursements only if excess expenses are claimed. 2012 tax amendment form Otherwise, form is not filed. 2012 tax amendment form Per diem or mileage allowance up to the federal rate: Adequate accounting and return of excess both required but excess not returned. 2012 tax amendment form The excess amount as wages in box 1. 2012 tax amendment form The amount up to the federal rate is reported only in box 12—it is not reported in box 1. 2012 tax amendment form No amount. 2012 tax amendment form Per diem or mileage allowance exceeds the federal rate: Adequate accounting up to the federal rate only and excess not returned. 2012 tax amendment form The excess amount as wages in box 1. 2012 tax amendment form The amount up to the federal rate is reported only in box 12—it is not reported in box 1. 2012 tax amendment form All expenses (and reimbursements reported on Form W-2, box 12) only if expenses in excess of the federal rate are claimed. 2012 tax amendment form Otherwise, form is not filed. 2012 tax amendment form A nonaccountable plan with: Either adequate accounting or return of excess, or both, not required by plan. 2012 tax amendment form The entire amount as wages in box 1. 2012 tax amendment form All expenses. 2012 tax amendment form No reimbursement plan: The entire amount as wages in box 1. 2012 tax amendment form All expenses. 2012 tax amendment form * You may be able to use Form 2106-EZ. 2012 tax amendment form See Completing Forms 2106 and 2106-EZ . 2012 tax amendment form Her employer included the $36 that was more than the federal rate (($65 − $56) × 4) in box 1 of Laura's Form W-2. 2012 tax amendment form Her employer shows $224 ($56 a day × 4) in box 12 of her Form W-2. 2012 tax amendment form This amount is not included in Laura's income. 2012 tax amendment form Laura does not have to complete Form 2106; however, she must include the $36 in her gross income as wages (by reporting the total amount shown in box 1 of her Form W-2). 2012 tax amendment form Example 2. 2012 tax amendment form Joe also lives in Austin and works for the same employer as Laura. 2012 tax amendment form In May the employer sent Joe to San Diego for 4 days and paid the hotel directly for Joe's hotel bill. 2012 tax amendment form The employer reimbursed Joe $75 a day for his meals and incidental expenses. 2012 tax amendment form The federal rate for San Diego is $71 a day. 2012 tax amendment form Joe can prove that his actual meal expenses totaled $380. 2012 tax amendment form His employer's accountable plan will not pay more than $75 a day for travel to San Diego, so Joe does not give his employer the records that prove that he actually spent $380. 2012 tax amendment form However, he does account for the time, place, and business purpose of the trip. 2012 tax amendment form This is Joe's only business trip this year. 2012 tax amendment form Joe was reimbursed $300 ($75 × 4 days), which is $16 more than the federal rate of $284 ($71 × 4 days). 2012 tax amendment form The employer includes the $16 as income on Joe's Form W-2 in box 1. 2012 tax amendment form The employer also enters $284 in box 12 of Joe's Form W-2. 2012 tax amendment form Joe completes Form 2106 to figure his deductible expenses. 2012 tax amendment form He enters the total of his actual expenses for the year ($380) on Form 2106. 2012 tax amendment form He also enters the reimbursements that were not included in his income ($284). 2012 tax amendment form His total deductible expense, before the 50% limit, is $96. 2012 tax amendment form After he figures the 50% limit on his unreimbursed meals and entertainment, he will include the balance, $48, as an itemized deduction. 2012 tax amendment form Example 3. 2012 tax amendment form Debbie drives 10,000 miles in 2013 for business. 2012 tax amendment form Under her employer's accountable plan, she gets reimbursed 60 cents a mile, which is more than the standard mileage rate. 2012 tax amendment form Her total reimbursement is $6,000. 2012 tax amendment form Debbie's employer must include the reimbursement amount up to the standard mileage rate, $5,650 (10,000 × 56½ cents), in box 12 of her Form W-2. 2012 tax amendment form That amount is not taxable. 2012 tax amendment form Her employer must also include $350 ($6,000 − $5,650) in box 1 of her Form W-2. 2012 tax amendment form This is the reimbursement that is more than the standard mileage rate. 2012 tax amendment form If Debbie's expenses are equal to or less than the standard mileage rate, she would not complete Form 2106. 2012 tax amendment form If her expenses are more than the standard mileage rate, she would complete Form 2106 and report her total expenses and reimbursement (shown in box 12 of her Form W-2). 2012 tax amendment form She would then claim the excess expenses as an itemized deduction. 2012 tax amendment form Returning Excess Reimbursements Under an accountable plan, you are required to return any excess reimbursement or other expense allowances for your business expenses to the person paying the reimbursement or allowance. 2012 tax amendment form Excess reimbursement means any amount for which you did not adequately account within a reasonable period of time. 2012 tax amendment form For example, if you received a travel advance and you did not spend all the money on business-related expenses or you do not have proof of all your expenses, you have an excess reimbursement. 2012 tax amendment form “ Adequate accounting ” and “ reasonable period of time ” were discussed earlier in this chapter. 2012 tax amendment form Travel advance. 2012 tax amendment form   You receive a travel advance if your employer provides you with an expense allowance before you actually have the expense, and the allowance is reasonably expected to be no more than your expense. 2012 tax amendment form Under an accountable plan, you are required to adequately account to your employer for this advance and to return any excess within a reasonable period of time. 2012 tax amendment form   If you do not adequately account for or do not return any excess advance within a reasonable period of time, the amount you do not account for or return will be treated as having been paid under a nonaccountable plan (discussed later). 2012 tax amendment form Unproved amounts. 2012 tax amendment form   If you do not prove that you actually traveled on each day for which you received a per diem or car allowance (proving the elements described in Table 5-1 ), you must return this unproved amount of the travel advance within a reasonable period of time. 2012 tax amendment form If you do not do this, the unproved amount will be considered paid under a nonaccountable plan (discussed later). 2012 tax amendment form Per diem allowance more than federal rate. 2012 tax amendment form   If your employer's accountable plan pays you an allowance that is higher than the federal rate, you do not have to return the difference between the two rates for the period you can prove business-related travel expenses. 2012 tax amendment form However, the difference will be reported as wages on your Form W-2. 2012 tax amendment form This excess amount is considered paid under a nonaccountable plan (discussed later). 2012 tax amendment form Example. 2012 tax amendment form Your employer sends you on a 5-day business trip to Phoenix in March 2013 and gives you a $400 ($80 × 5 days) advance to cover your meals and incidental expenses. 2012 tax amendment form The federal per diem for meals and incidental expenses for Phoenix is $71. 2012 tax amendment form Your trip lasts only 3 days. 2012 tax amendment form Under your employer's accountable plan, you must return the $160 ($80 × 2 days) advance for the 2 days you did not travel. 2012 tax amendment form For the 3 days you did travel you do not have to return the $27 difference between the allowance you received and the federal rate for Phoenix (($80 − $71) × 3 days). 2012 tax amendment form However, the $27 will be reported on your Form W-2 as wages. 2012 tax amendment form Nonaccountable Plans A nonaccountable plan is a reimbursement or expense allowance arrangement that does not meet one or more of the three rules listed earlier under Accountable Plans. 2012 tax amendment form In addition, even if your employer has an accountable plan, the following payments will be treated as being paid under a nonaccountable plan: Excess reimbursements you fail to return to your employer, and Reimbursement of nondeductible expenses related to your employer's business. 2012 tax amendment form See Reimbursement of nondeductible expenses , earlier, under Accountable Plans. 2012 tax amendment form An arrangement that repays you for business expenses by reducing the amount reported as your wages, salary, or other pay will be treated as a nonaccountable plan. 2012 tax amendment form This is because you are entitled to receive the full amount of your pay whether or not you have any business expenses. 2012 tax amendment form If you are not sure if the reimbursement or expense allowance arrangement is an accountable or nonaccountable plan, ask your employer. 2012 tax amendment form Reporting your expenses under a nonaccountable plan. 2012 tax amendment form   Your employer will combine the amount of any reimbursement or other expense allowance paid to you under a nonaccountable plan with your wages, salary, or other pay. 2012 tax amendment form Your employer will report the total in box 1 of your Form W-2. 2012 tax amendment form    You must complete Form 2106 or 2106-EZ and itemize your deductions to deduct your expenses for travel, transportation, meals, or entertainment. 2012 tax amendment form Your meal and entertainment expenses will be subject to the 50% limit discussed in chapter 2. 2012 tax amendment form Also, your total expenses will be subject to the 2%-of-adjusted-gross-income limit that applies to most miscellaneous itemized deductions. 2012 tax amendment form Example 1. 2012 tax amendment form Kim's employer gives her $1,000 a month ($12,000 total for the year) for her business expenses. 2012 tax amendment form Kim does not have to provide any proof of her expenses to her employer, and Kim can keep any funds that she does not spend. 2012 tax amendment form Kim is being reimbursed under a nonaccountable plan. 2012 tax amendment form Her employer will include the $12,000 on Kim's Form W-2 as if it were wages. 2012 tax amendment form If Kim wants to deduct her business expenses, she must complete Form 2106 or 2106-EZ and itemize her deductions. 2012 tax amendment form Example 2. 2012 tax amendment form Kevin is paid $2,000 a month by his employer. 2012 tax amendment form On days that he travels away from home on business, his employer designates $50 a day of his salary as paid to reimburse his travel expenses. 2012 tax amendment form Because his employer would pay Kevin his monthly salary whether or not he was traveling away from home, the arrangement is a nonaccountable plan. 2012 tax amendment form No part of the $50 a day designated by his employer is treated as paid under an accountable plan. 2012 tax amendment form Rules for Independent Contractors and Clients This section provides rules for independent contractors who incur expenses on behalf of a client or customer. 2012 tax amendment form The rules cover the reporting and substantiation of certain expenses discussed in this publication, and they affect both independent contractors and their clients or customers. 2012 tax amendment form You are considered an independent contractor if you are self-employed and you perform services for a customer or client. 2012 tax amendment form Accounting to Your Client If you received a reimbursement or an allowance for travel, entertainment, or gift expenses that you incurred on behalf of a client, you should provide an adequate accounting of these expenses to your client. 2012 tax amendment form If you do not account to your client for these expenses, you must include any reimbursements or allowances in income. 2012 tax amendment form You must keep adequate records of these expenses whether or not you account to your client for these expenses. 2012 tax amendment form If you do not separately account for and seek reimbursement for meals and entertainment in connection with providing services for a client, you are subject to the 50% limit on those expenses. 2012 tax amendment form See 50% Limit in chapter 2. 2012 tax amendment form Adequate accounting. 2012 tax amendment form   As a self-employed person, you adequately account by reporting your actual expenses. 2012 tax amendment form You should follow the recordkeeping rules in chapter 5 . 2012 tax amendment form How to report. 2012 tax amendment form   For information on how to report expenses on your tax return, see Self-employed at the beginning of this chapter. 2012 tax amendment form Required Records for Clients or Customers If you are a client or customer, you generally do not have to keep records to prove the reimbursements or allowances you give, in the course of your business, to an independent contractor for travel or gift expenses incurred on your behalf. 2012 tax amendment form However, you must keep records if: You reimburse the contractor for entertainment expenses incurred on your behalf, and The contractor adequately accounts to you for these expenses. 2012 tax amendment form Contractor adequately accounts. 2012 tax amendment form   If the contractor adequately accounts to you for entertainment expenses, you (the client or customer) must keep records documenting each element of the expense, as explained in chapter 5 . 2012 tax amendment form Use your records as proof for a deduction on your tax return. 2012 tax amendment form If entertainment expenses are accounted for separately, you are subject to the 50% limit on entertainment. 2012 tax amendment form If the contractor adequately accounts to you for reimbursed amounts, you do not have to report the amounts on an information return. 2012 tax amendment form Contractor does not adequately account. 2012 tax amendment form    If the contractor does not adequately account to you for allowances or reimbursements of entertainment expenses, you do not have to keep records of these items. 2012 tax amendment form You are not subject to the 50% limit on entertainment in this case. 2012 tax amendment form You can deduct the reimbursements or allowances as payment for services if they are ordinary and necessary business expenses. 2012 tax amendment form However, you must file Form 1099-MISC to report amounts paid to the independent contractor if the total of the reimbursements and any other fees is $600 or more during the calendar year. 2012 tax amendment form How To Use Per Diem Rate Tables This section contains information about the per diem rate substantiation methods available and the choice of rates you must make for the last 3 months of the year. 2012 tax amendment form The Two Substantiation Methods High-low method. 2012 tax amendment form   IRS notices list the localities that are treated under the high-low substantiation method as high-cost localities for all or part of the year. 2012 tax amendment form Notice 2012–63, available at www. 2012 tax amendment form irs. 2012 tax amendment form gov/irb/2012–42_IRB/ar12. 2012 tax amendment form html, lists the localities that are eligible for $242 ($65 meals and incidental expenses (M&IE)) per diem, effective October 1, 2012. 2012 tax amendment form For travel on or after October 1, 2012, all other localities within CONUS are eligible for $163 ($52 M&IE) per diem under the high-low method. 2012 tax amendment form   Notice 2013–65, available at www. 2012 tax amendment form irs. 2012 tax amendment form gov/pub/irs-drop/n-13–65. 2012 tax amendment form pdf, lists the localities that are eligible for $251 ($65 M&IE) per diem, effective October 1, 2013. 2012 tax amendment form For travel on or after October 1, 2013, the per diem for all other localities increased to $170 ($52 M&IE). 2012 tax amendment form Regular federal per diem rate method. 2012 tax amendment form   Regular federal per diem rates are published by the General Services Administration (GSA). 2012 tax amendment form Both tables include the separate rate for meals and incidental expenses (M&IE) for each locality. 2012 tax amendment form The rates listed for FY2013 at www. 2012 tax amendment form gsa. 2012 tax amendment form gov/perdiem are effective October 1, 2012 and those listed for FY2014 are effective October 1, 2013. 2012 tax amendment form The standard rate for all locations within CONUS not specifically listed for FY2013 is $123 ($77 for lodging and $46 for M&IE). 2012 tax amendment form For FY2014, this rate increased to $129 ($83 for lodging and $46 for M&IE). 2012 tax amendment form Transition Rules The transition period covers the last 3 months of the calendar year, from the time that new rates are effective (generally October 1) through December 31. 2012 tax amendment form During this period, you generally may change to the new rates or finish out the year with the rates you had been using. 2012 tax amendment form High-low method. 2012 tax amendment form   If you use the high-low substantiation method, when new rates become effective (generally October 1) you can either continue with the rates you used for the first part of the year or change to the new rates. 2012 tax amendment form However, you must continue using the high-low method for the rest of the calendar year (through December 31). 2012 tax amendment form If you are an employer, you must use the same rates for all employees reimbursed under the high-low method during that calendar year. 2012 tax amendment form   The new rates and localities for the high-low method are included each year in a notice that is generally published in mid-to-late-September. 2012 tax amendment form You can find the notice in the weekly Internal Revenue Bulletin (IRB) on the Internet at www. 2012 tax amendment form irs. 2012 tax amendment form gov/irb. 2012 tax amendment form Federal per diem rate method. 2012 tax amendment form   New CONUS per diem rates become effective on October 1 of each year and remain in effect through September 30 of the following year. 2012 tax amendment form Employees being reimbursed under the per diem rate method during the first 9 months of a year (January 1–September 30) must continue under the same method through the end of that calendar year (December 31). 2012 tax amendment form However, for travel by these employees from October 1 through December 31, you can choose to continue using the same per diem rates or use the new rates. 2012 tax amendment form   The new federal CONUS per diem rates are published each year, generally early in September, on the Internet. 2012 tax amendment form Go to www. 2012 tax amendment form gsa. 2012 tax amendment form gov/perdiem. 2012 tax amendment form Per diem rates for localities listed for FY2014 may change at any time. 2012 tax amendment form To be sure you have the most current rate, check www. 2012 tax amendment form gsa. 2012 tax amendment form gov/perdiem. 2012 tax amendment form Completing Forms 2106 and 2106-EZ This section briefly describes how employees complete Forms 2106 and 2106-EZ. 2012 tax amendment form Table 6-1 explains what the employer reports on Form W-2 and what the employee reports on Form 2106. 2012 tax amendment form The instructions for the forms have more information on completing them. 2012 tax amendment form If you are self-employed, do not file Form 2106 or 2106-EZ. 2012 tax amendment form Report your expenses on Schedule C (Form 1040), Schedule C-EZ (Form 1040), or Schedule F (Form 1040). 2012 tax amendment form See the instructions for the form that you must file. 2012 tax amendment form Form 2106-EZ. 2012 tax amendment form   You may be able to use the shorter Form 2106-EZ to claim your employee business expenses. 2012 tax amendment form You can use this form if you meet all the following conditions. 2012 tax amendment form You are an employee deducting ordinary and necessary expenses attributable to your job. 2012 tax amendment form You were not reimbursed by your employer for your expenses (amounts included in box 1 of your Form W-2 are not considered reimbursements). 2012 tax amendment form If you are claiming car expenses, you are using the standard mileage rate. 2012 tax amendment form Car expenses. 2012 tax amendment form   If you used a car to perform your job as an employee, you may be able to deduct certain car expenses. 2012 tax amendment form These are generally figured on Form 2106, Part II, and then claimed on Form 2106, Part I, line 1, Column A. 2012 tax amendment form Car expenses using the standard mileage rate can also be figured on Form 2106-EZ by completing Part II and Part I, line 1. 2012 tax amendment form Information on use of cars. 2012 tax amendment form   If you claim any deduction for the business use of a car, you must answer certain questions and provide information about the use of the car. 2012 tax amendment form The information relates to the following items. 2012 tax amendment form Date placed in service. 2012 tax amendment form Mileage (total, business, commuting, and other personal mileage). 2012 tax amendment form Percentage of business use. 2012 tax amendment form After-work use. 2012 tax amendment form Use of other vehicles. 2012 tax amendment form Whether you have evidence to support the deduction. 2012 tax amendment form Whether or not the evidence is written. 2012 tax amendment form Employees must complete Form 2106, Part II, Section A, or Form 2106-EZ, Part II, to provide this information. 2012 tax amendment form Standard mileage rate. 2012 tax amendment form   If you claim a deduction based on the standard mileage rate instead of your actual expenses, you must complete Form 2106, Part II, Section B. 2012 tax amendment form The amount on line 22 (Section B) is carried to Form 2106, Part I, line 1. 2012 tax amendment form In addition, on Part 1, line 2, you can deduct parking fees and tolls that apply to the business use of the car. 2012 tax amendment form If you file Form 2106-EZ, complete Part I, line 1, for the standard mileage rate and line 2 for parking fees and tolls. 2012 tax amendment form See Standard Mileage Rate in chapter 4 for information on using this rate. 2012 tax amendment form Actual expenses. 2012 tax amendment form   If you claim a deduction based on actual car expenses, you cannot use Form 2106-EZ. 2012 tax amendment form You must complete Form 2106, Part II, Section C. 2012 tax amendment form In addition, unless you lease your car, you must complete Section D to show your depreciation deduction and any section 179 deduction you claim. 2012 tax amendment form   If you are still using a car that is fully depreciated, continue to complete Section C. 2012 tax amendment form Since you have no depreciation deduction, enter zero on line 28. 2012 tax amendment form In this case, do not complete Section D. 2012 tax amendment form Car rentals. 2012 tax amendment form   If you claim car rental expenses on Form 2106, line 24a, you may have to reduce that expense by an inclusion amount as described in chapter 4. 2012 tax amendment form If so, you can show your car expenses and any inclusion amount as follows. 2012 tax amendment form Compute the inclusion amount without taking into account your business use percentage for the tax year. 2012 tax amendment form Report the inclusion amount from (1) on Form 2106, Part II, line 24b. 2012 tax amendment form Report on line 24c the net amount of car rental expenses (total car rental expenses minus the inclusion amount computed in (1)). 2012 tax amendment form The net amount of car rental expenses will be adjusted on Form 2106, Part II, line 27, to reflect the percentage of business use for the tax year. 2012 tax amendment form Transportation expenses. 2012 tax amendment form   Show your transportation expenses that did not involve overnight travel on Form 2106, line 2, Column A, or on Form 2106-EZ, Part I, line 2. 2012 tax amendment form Also include on this line business expenses you have for parking fees and tolls. 2012 tax amendment form Do not include expenses of operating your car or expenses of commuting between your home and work. 2012 tax amendment form Employee business expenses other than meals and entertainment. 2012 tax amendment form   Show your other employee business expenses on Form 2106, lines 3 and 4, Column A, or Form 2106-EZ, lines 3 and 4. 2012 tax amendment form Do not include expenses for meals and entertainment on those lines. 2012 tax amendment form Line 4 is for expenses such as gifts, educational expenses (tuition and books), office-in-the-home expenses, and trade and professional publications. 2012 tax amendment form    If line 4 expenses are the only ones you are claiming, you received no reimbursements (or the reimbursements were all included in box 1 of your Form W-2), and the Special Rules discussed later do not apply to you, do not complete Form 2106 or 2106-EZ. 2012 tax amendment form Claim these amounts directly on Schedule A (Form 1040), line 21. 2012 tax amendment form List the type and amount of each expense on the dotted lines and include the total on line 21. 2012 tax amendment form Meal and entertainment expenses. 2012 tax amendment form   Show the full amount of your expenses for business-related meals and entertainment on Form 2106, line 5, Column B. 2012 tax amendment form Include meals while away from your tax home overnight and other business meals and entertainment. 2012 tax amendment form Enter 50% of the line 8, Column B, meal and entertainment expenses on line 9, Column B. 2012 tax amendment form   If you file Form 2106-EZ, enter the full amount of your meals and entertainment on the line to the left of line 5 and multiply the total by 50%. 2012 tax amendment form Enter the result on line 5. 2012 tax amendment form Hours of service limits. 2012 tax amendment form   If you are subject to the Department of Transportation's “hours of service” limits (as explained earlier under Individuals subject to “hours of service” limits in chapter 2), use 80% instead of 50% for meals while away from your tax home. 2012 tax amendment form Reimbursements. 2012 tax amendment form   Enter on Form 2106, line 7 (you cannot use Form 2106-EZ) the amounts your employer (or third party) reimbursed you that were not reported to you in box 1 of your Form W-2. 2012 tax amendment form This includes any amount reported under code L in box 12 of Form W-2. 2012 tax amendment form Allocating your reimbursement. 2012 tax amendment form   If you were reimbursed under an accountable plan and want to deduct excess expenses that were not reimbursed, you may have to allocate your reimbursement. 2012 tax amendment form This is necessary when your employer pays your reimbursement in the following manner: Pays you a single amount that covers meals and/or entertainment, as well as other business expenses, and Does not clearly identify how much is for deductible meals and/or entertainment. 2012 tax amendment form You must allocate that single payment so that you know how much to enter on Form 2106, line 7, Column A and Column B. 2012 tax amendment form Example. 2012 tax amendment form Rob's employer paid him an expense allowance of $12,000 this year under an accountable plan. 2012 tax amendment form The $12,000 payment consisted of $5,000 for airfare and $7,000 for meals, entertainment, and car expenses. 2012 tax amendment form The employer did not clearly show how much of the $7,000 was for the cost of deductible meals and entertainment. 2012 tax amendment form Rob actually spent $14,000 during the year ($5,500 for airfare, $4,500 for meals and entertainment, and $4,000 for car expenses). 2012 tax amendment form Since the airfare allowance was clearly identified, Rob knows that $5,000 of the payment goes in Column A, line 7, of Form 2106. 2012 tax amendment form To allocate the remaining $7,000, Rob uses the worksheet from the Instructions for Form 2106. 2012 tax amendment form His completed worksheet follows. 2012 tax amendment form Reimbursement Allocation Worksheet (Keep for your records)   1. 2012 tax amendment form Enter the total amount of reimbursements your employer gave you that were not reported to you in box 1 of Form W-2 $7,000   2. 2012 tax amendment form Enter the total amount of your expenses for the periods covered by this reimbursement 8,500   3. 2012 tax amendment form Of the amount on line 2, enter your total expense for meals and entertainment 4,500   4. 2012 tax amendment form Divide line 3 by line 2. 2012 tax amendment form Enter the result as a decimal (rounded to at least three places) . 2012 tax amendment form 529   5. 2012 tax amendment form Multiply line 1 by line 4. 2012 tax amendment form Enter the result here and in Column B, line 7 3,703   6. 2012 tax amendment form Subtract line 5 from line 1. 2012 tax amendment form Enter the result here and in Column A, line 7 $3,297 On line 7 of Form 2106, Rob enters $8,297 ($5,000 airfare and $3,297 of the $7,000) in Column A and $3,703 (of the $7,000) in Column B. 2012 tax amendment form After you complete the form. 2012 tax amendment form   After you have completed your Form 2106 or 2106-EZ, follow the directions on that form to deduct your expenses on the appropriate line of your tax return. 2012 tax amendment form For most taxpayers, this is line 21 of Schedule A (Form 1040). 2012 tax amendment form However, if you are a government official paid on a fee basis, a performing artist, an Armed Forces reservist, or a disabled employee with impairment-related work expenses, see Special Rules , later. 2012 tax amendment form Limits on employee business expenses. 2012 tax amendment form   Your employee business expenses may be subject to either of the limits described next. 2012 tax amendment form They are figured in the following order on the specified form. 2012 tax amendment form 1. 2012 tax amendment form Limit on meals and entertainment. 2012 tax amendment form   Certain meal and entertainment expenses are subject to a 50% limit. 2012 tax amendment form If you are an employee, you figure this limit on line 9 of Form 2106 or line 5 of Form 2106-EZ. 2012 tax amendment form (See 50% Limit in chapter 2. 2012 tax amendment form ) 2. 2012 tax amendment form Limit on miscellaneous itemized deductions. 2012 tax amendment form   If you are an employee, deduct your employee business expenses (as figured on Form 2106 or 2106-EZ) on line 21 of Schedule A (Form 1040). 2012 tax amendment form Most miscellaneous itemized deductions, including employee business expenses, are subject to a 2%-of-adjusted-gross-income limit. 2012 tax amendment form This limit is figured on line 26 of Schedule A (Form 1040). 2012 tax amendment form 3. 2012 tax amendment form Limit on total itemized deductions. 2012 tax amendment form   If your adjusted gross income (line 38 of Form 1040) is more than $300,000 ($150,000 if you are married filing separately), the total of certain itemized deductions, including employee business expenses, may be limited. 2012 tax amendment form See your form instructions for information on how to figure this limit. 2012 tax amendment form Special Rules This section discusses special rules that apply only to Armed Forces reservists, government officials who are paid on a fee basis, performing artists, and disabled employees with impairment-related work expenses. 2012 tax amendment form Armed Forces Reservists Traveling More Than 100 Miles From Home If you are a member of a reserve component of the Armed Forces of the United States and you travel more than 100 miles away from home in connection with your performance of services as a member of the reserves, you can deduct your travel expenses as an adjustment to gross income rather than as a miscellaneous itemized deduction. 2012 tax amendment form The amount of expenses you can deduct as an adjustment to gross income is limited to the regular federal per diem rate (for lodging, meals, and incidental expenses) and the standard mileage rate (for car expenses) plus any parking fees, ferry fees, and tolls. 2012 tax amendment form See Per Diem and Car Allowances , earlier, for more information. 2012 tax amendment form Any expenses in excess of these amounts can be claimed only as a miscellaneous itemized deduction subject to the 2% limit. 2012 tax amendment form Member of a reserve component. 2012 tax amendment form   You are a member of a reserve component of the Armed Forces of the United States if you are in the Army, Navy, Marine Corps, Air Force, or Coast Guard Reserve; the Army National Guard of the United States; the Air National Guard of the United States; or the Reserve Corps of the Public Health Service. 2012 tax amendment form How to report. 2012 tax amendment form   If you have reserve-related travel that takes you more than 100 miles from home, you should first complete Form 2106 or Form 2106-EZ. 2012 tax amendment form Then include your expenses for reserve travel over 100 miles from home, up to the federal rate, from Form 2106, line 10, or Form 2106-EZ, line 6, in the total on Form 1040, line 24. 2012 tax amendment form Subtract this amount from the total on Form 2106, line 10, or Form 2106-EZ, line 6, and deduct the balance as an itemized deduction on Schedule A (Form 1040), line 21. 2012 tax amendment form   You cannot deduct expenses of travel that does not take you more than 100 miles from home as an adjustment to gross income. 2012 tax amendment form Instead, you must complete Form 2106 or 2106-EZ and deduct those expenses as an itemized deduction on Schedule A (Form 1040), line 21. 2012 tax amendment form Officials Paid on a Fee Basis Certain fee-basis officials can claim their employee business expenses whether or not they itemize their other deductions on Schedule A (Form 1040). 2012 tax amendment form Fee-basis officials are persons who are employed by a state or local government and who are paid in whole or in part on a fee basis. 2012 tax amendment form They can deduct their business expenses in performing services in that job as an adjustment to gross income rather than as a miscellaneous itemized deduction. 2012 tax amendment form If you are a fee-basis official, include your employee business expenses from Form 2106, line 10, or Form 2106-EZ, line 6, in the total on Form 1040, line 24. 2012 tax amendment form Expenses of Certain Performing Artists If you are a performing artist, you may qualify to deduct your employee business expenses as an adjustment to gross income rather than as a miscellaneous itemized deduction. 2012 tax amendment form To qualify, you must meet all of the following requirements. 2012 tax amendment form During the tax year, you perform services in the performing arts as an employee for at least two employers. 2012 tax amendment form You receive at least $200 each from any two of these employers. 2012 tax amendment form Your related performing-arts business expenses are more than 10% of your gross income from the performance of those services. 2012 tax amendment form Your adjusted gross income is not more than $16,000 before deducting these business expenses. 2012 tax amendment form Special rules for married persons. 2012 tax amendment form   If you are married, you must file a joint return unless you lived apart from your spouse at all times during the tax year. 2012 tax amendment form If you file a joint return, you must figure requirements (1), (2), and (3) separately for both you and your spouse. 2012 tax amendment form However, requirement (4) applies to your and your spouse's combined adjusted gross income. 2012 tax amendment form Where to report. 2012 tax amendment form   If you meet all of the above requirements, you should first complete Form 2106 or 2106-EZ. 2012 tax amendment form Then you include your performing-arts-related expenses from Form 2106, line 10, or Form 2106-EZ, line 6, in the total on Form 1040, line 24. 2012 tax amendment form   If you do not meet all of the above requirements, you do not qualify to deduct your expenses as an adjustment to gross income. 2012 tax amendment form Instead, you must complete Form 2106 or 2106-EZ and deduct your employee business expenses as an itemized deduction on Schedule A (Form 1040), line 21. 2012 tax amendment form Impairment-Related Work Expenses of Disabled Employees If you are an employee with a physical or mental disability, your impairment-related work expenses are not subject to the 2%-of-adjusted-gross-income limit that applies to most other employee business expenses. 2012 tax amendment form After you complete Form 2106 or 2106-EZ, enter your impairment-related work expenses from Form 2106, line 10, or Form 2106-EZ, line 6, on Schedule A (Form 1040), line 28, and identify the type and amount of this expense on the dotted line next to line 28. 2012 tax amendment form Enter your employee business expenses that are unrelated to your disability from Form 2106, line 10, or Form 2106-EZ, line 6, on Schedule A (Form 1040), line 21. 2012 tax amendment form Impairment-related work expenses are your allowable expenses for attendant care at your workplace and other expenses in connection with your workplace that are necessary for you to be able to work. 2012 tax amendment form You are disabled if you have: A physical or mental disability (for example, blindness or deafness) that functionally limits your being employed, or A physical or mental impairment (for example, a sight or hearing impairment) that substantially limits one or more of your major life activities, such as performing manual tasks, walking, speaking, breathing, learning, or working. 2012 tax amendment form You can deduct impairment-related expenses as business expenses if they are: Necessary for you to do your work satisfactorily, For goods and services not required or used, other than incidentally, in your personal activities, and Not specifically covered under other income tax laws. 2012 tax amendment form Example 1. 2012 tax amendment form You are blind. 2012 tax amendment form You must use a reader to do your work. 2012 tax amendment form You use the reader both during your regular working hours at your place of work and outside your regular working hours away from your place of work. 2012 tax amendment form The reader's services are only for your work. 2012 tax amendment form You can deduct your expenses for the reader as business expenses. 2012 tax amendment form Example 2. 2012 tax amendment form You are deaf. 2012 tax amendment form You must use a sign language interpreter during meetings while you are at work. 2012 tax amendment form The interpreter's services are used only for your work. 2012 tax amendment form You can deduct your expenses for the interpreter as business expenses. 2012 tax amendment form Prev  Up  Next   Home   More Online Publications