Therefore, the taxpayer could not deduct these expenses on his personal return. Professional organization and bar membership fees were routinely reimbursed by the firm. Under the partnership agreement, partners’ expenses for business meals, travel, client entertainment conventions and continuing education were reimbursed subject to the approval of the managing partner. In one decision, the Fifth Circuit Court of Appeals agreed with the Tax Court that the IRS had properly disallowed a law firm partner’s claimed deductions for various firm-related business expenses. That way, the firm’s partners can deduct their unreimbursed firm-related business expenses without any static from the IRS. The best way to eliminate any doubt about the proper tax treatment of unreimbursed partnership expenses is to install a written firm policy that clearly states what will and will not be reimbursed. In other words, no deduction is allowed for “voluntary” out-of-pocket expenses (consistent with the principle that no good deed goes unpunished). Here’s the rub: Partners cannot deduct expenses if they could have turned them into their firms and been reimbursed. That way the partner receives an SE tax-saving benefit as well as an income tax-saving benefit. The partner should also include the deductible amount as an expense for self-employment tax calculation purposes on his or her Schedule SE. ![]() Of course, only 50 percent of unreimbursed meal and entertainment expenses can be deducted on Schedule E. In theory, the agreement or policy can be written or unwritten more on that later. However, for deductions to be allowed, the expenses must be of the type that the partner is expected to pay out of his or her own pocket per the partnership agreement or firm policy. ![]() Partner Business Expense Deduction Basics – Reimbursable Expensesįor federal income tax purposes, a partner can write off unreimbursed partnership-related business expenses on Schedule E of Form 1040 (the same schedule where the partner’s share of partnership income is reported). Here’s what you need to know, starting with some necessary background information. ![]() One Tax Court decision illustrates that point. The bad news is partners cannot deduct expenses that would have been reimbursed if they had turned them into the firm. The good news is these unreimbursed business-related outlays can generally be deducted on the partner’s personal federal income tax return (Form 1040). Some partners also may have to pay for some - or all - of their continuing education expenses. Also, a partner may incur personal auto expenses to drive to and from client meetings and to and from other locations where firm-related business is undertaken. For instance, a law firm partner may have to personally absorb the costs of entertaining prospective clients who are not on a designated firm-wide list of potential clients for which the firm will reimburse the costs of wining and dining. ![]() Partners in professional service firms must sometimes pay for certain firm-related business expenses out of their own pockets. By Winnie Yang on Augin Private Business, Professional Services, Taxation-Individuals
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