Business Travel
Loopholes
Edward Mendlowitz, CPA
WithumSmith+Brown

usiness
travelers who plan carefully can trim the costs of their trips.
Generally, "ordinary and necessary" business expenses are
deductible while you’re traveling, if you keep proper records.
Examples: Costs for transportation...
hotels and lodging... tips... meals... laundry and dry cleaning...
baggage handling... trip insurance and other related costs.
For starters: An employee who is fully
reimbursed for business travel expenses by his/her employer does
not need to account for these payments on his tax return. However,
if you receive an expense allowance for which you don’t need to
account to your employer, the amounts paid must be reported to you
on your W-2 wage statement as income. You then can claim your
business travel expenses on your tax return on Schedule A as a
miscellaneous deduction. The total of your miscellaneous deductions
is deductible to the extent that it exceeds 2% of your adjusted
gross income.
Here are some travel tax-savers...
Loophole: You do not need receipts for the IRS for
expenses of $75 or less if the expenses are properly recorded in a
business diary contemporaneous with the activity.
Required
information: Business
purpose... time... place and date... names of people
involved... what was purchased... how much was paid.
Exception: A receipt is required for
lodging costing any amount.
Loophole: For out-of-town travel (or outside the
country), ask your employer to give you the standard IRS meal
allowance rather than to reimburse your actual
expenses.
These amounts are not taxable income even if you spend less than
the full allowance -- so, if you keep your meal expenses low,
you’ll actually be earning extra tax-free income. The rates, which
are set by the IRS, vary by area. Domestic travel per diem rates
are listed in IRS Publication 1542, Per Diem Rates,
available online fromwww.irs.gov. Foreign travel per diem rates
are available from www.gsa.gov.
Note: Cruise ship travel deductions
are limited to twice the domestic per diem rate.
Loophole: Consider attending a business
conference on a cruise ship.
You can deduct up to $2,000 annually for such conferences if all
the ports are in the US and the ship is registered in the US -- the
per diem rules (see above) do not apply to conferences. Strict tax
reporting requirements apply, so check with your tax adviser before
embarking.
Loophole: Out-of-town "commuting" costs
are fully deductible.
While commuting costs generally are not deductible, business
travelers can deduct such expenses (including car rental, cab fare,
limo, and mass transit) as the cost of "commuting" from a hotel to
their place of business.
Loophole: Consider establishing an official "tax home"
if you regularly travel to work in multiple locations.
Your tax home is the location of your principal place of
business. Without one, you cannot deduct any travel and meal
costs.
Note: A "tax home" cannot be merely
a mailing address or the local library or Starbucks -- it must be a
legitimate location where you conduct business.
Loophole: Even if you work at a temporary business
location for many months, if the period is less than a year, all
travel and lodging costs are deducted by the business and not taxed
to the employee.
After one year, the government considers this a "permanent"
business location and travel costs are not deductible... or
alternatively, they are deducted by the business and taxed to the
employee.
Loophole: Married couples who work in different cities
during the workweek can maintain separate "tax homes" for travel
deduction purposes.
However, once the one-year threshold is exceeded, even
legitimate expenses are not deductible.
Loophole: Meal costs, which generally are not deductible
by employees, are fully deductible on trips of at least one
overnight stay.
The deduction for meals is limited to 50% of their cost.
Loophole: Domestic business travel combined with some
vacation activities is deductible if business is the primary
purpose of the travel.
If the primary purpose is vacation, but you do some incidental
business, you can deduct the business costs, but not transportation
and lodging.
Strategy: Extending a business trip to a
weekend to benefit from lower airfares, and using the time for
vacation, does not alter the primary business nature of the
trip.
Loophole: Business travel outside the US plus vacation
activities may be deductible.
The primary purpose of the travel must be for business. And, as
opposed to the domestic travel rules, you also must have no control
over the purpose or timing of the trip.
Loophole: Expenses of spouses who help
entertain business associates on a trip can be fully deducted. The
entertainment must be immediately before, during, or after the
business meeting or activity. You also must demonstrate that your
spouse was helpful to the business relationship.
Loophole: Frequent-flier miles received for business
travel but used for personal travel are not taxed.
Exception: Miles that are converted into
cash are taxed as compensation.