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FAQ

Was it wrong of my employer to send me a 1099-MISC for business trip expenses?
A2A.If you are an employee, then the employer was wrong.Employee business expenses are reimbursed by employers under two types of plans - accountable and non-accountable. Any reimbursement plan that does not meet the requirements for an accountable plan is, by definition, non-accountable.An accountable plan must meet the following requirements:The expenses must have been paid or incurred by the employee while performing services as an employee for the employer.The employee must adequately account for the expenses to the employer within a reasonable time after the expenses are paid or incurred. This is usually implemented through the filing of an expense report.If the employee receives reimbursement for the expenses in excess of the amount paid or incurred, the employee must return the excess within a responsible period of time - this allows for accountable plans in which the employee draws a travel advance.If your expenses were reimbursed under an accountable plan, the employer does not need to give you any tax form. If your expenses were reimbursed under a non-accountable plan, the employer is required to include them in your wages reported on Form W-2 (and make the appropriate income and payroll tax deductions). In no event should the reimbursements be reported on Form 1099-MISC.Contrary to some of the other answers, and assuming that you were reimbursed under a non-accountable plan, it is not correct to report this on Schedule C - this is not self-employment income. The correct way to report this is to file IRS Form 8919, Uncollected Social Security and Medicare Tax on Wages with your return. On Form 8919, you use Reason Code H, indicating that the amount reported on Form 1099-MISC should have been included with your wages, and figure your share of the SS and Medicate taxes that should have been withheld. You can also fill out IRS Form 2106, Employee Business Expenses to determine whether you have sufficient expenses to deduct on Schedule A, keeping in mind that as an employee your can only deduct the expenses to the extent that they exceed 2% of your adjusted gross income.
Are expenses for public transportation to work tax deductible?
Maybe.Personal commuting expenses - the costs of traveling between your home and your job site - are not tax-deductible, even if you work while commuting; see Chapter 26 of IRS Publication 17, http://www.irs.gov/pub/irs-pdf/p....If you use public transportation to travel from job site to job site, the cost of direct travel between the job sites would be deductible. Also, if your primary place of business is a qualifying home office, the cost of direct travel between your home and another work site would also be deductible. A qualifying home office must be used exclusively and regularly for business and either: (1) be your primary place of business or be used to personally meet with clients or customers in the normal course of your business; or  (2) be a separate structure that is not attached to your house or residence, in which case it merely has to be used in your business.If you are an employee, and your employer reimburses your for your expenses under an accountable plan (IRS Publication 17 Chapter 26), you cannot deduct those expenses even if you opt not to claim the reimbursement. As an employee you fill out Form 2106 (or Form 2106-EZ if you qualify) to calculate unreimbursed employee expenses, and then transfer the total to line 21 of Schedule A. Unreimbursed employee expenses fall into the category of miscellaneous deductions that can be deducted only to the extent to which all of them exceed 2% of your adjusted gross income.If you are self-employed, you deduct those costs directly on Schedule C. Note that you cannot deduct the cost of traveling from your home to your primary job site even if you are self-employed; you can only deduct those costs when you have a qualifying home office as described above. Most people get tripped up by not using the home office exclusively for business.
If I track my gas mileage expenses for tax purposes, is keeping gas receipts sufficient, or will IRS require a mileage log as well?
A mileage log is likely required if you use the standard mileage rate tax deduction method.There are two methods to calculate expenses for business use car tax deductions, you can only use one:the standard mileage rate methodand, the actual expense methodIt is up to the taxpayer to decide which one is best. Which method do you chose? Below is an overview of both methods.The Standard Mileage Rate MethodThe standard mileage rate is a method of deducting an IRS established per mile tax-deductible dollar amount for each mile driven for business purposes. Further, this method can only be used by the owner or lessor of the vehicle. For 2021. the standard mileage rate method is $0.58 per mile (for an updated list of each year’s standard mileage rate deductions please go, here). To use this method the taxpayer must keep a record or log of the miles traveled for business, the destination and business purpose (IRS Publication 463, Ch 5, Recordkeeping). In addition, the taxpayer must document proof of ownership of the vehicle or a lease. At the end of the year, this information will be added to the individuals‡ tax return using the IRS Form 2106. Also, you can include any business-related parking and tolls expenses with the standard mileage rate deductions.The standard mileage rate cannot be used if the taxpayer:Uses the car for hire (such as a taxi)Uses five or more cars at the same time (as in a fleet operation)Claims depreciation or a section 179 deduction (Publication 463, Chapter 4)If a rural mail carrier receives a qualified reimbursement (Publication 463, Chapter 4).The following should be included in a Standard Rate Mileage method mileage report:the miles you drove for business (ie your mileage)the places you drove for businessthe business purpose of your tripthe date of your tripThe Actual Car Expense MethodThe actual car expense method allows taxpayers to deduct the following vehicle and vehicle-related expenses:DepreciationLease paymentsRegistration feesLicensesGasInsuranceRepairsOilGarage rentTiresTollsParking feesIf business use of the car is less than 100%, expenses must be proportionally allocated between business and personal use. For example, say you drive your car 20,000 miles in one year–10,000 for business and 10,000 for personal. In this case, the taxpayer can only deduct 50% of the vehicle’s expenses from their tax return. Therefore, in the cases of mixed personal and business use of the car, it is recommended that the taxpayer keep a log of the miles traveled and distinguish the business from personal travel. This will facilitate ease in the determination and calculation of the percentage of vehicle usage for business purposes. In addition, the taxpayer should keep receipts and invoices of vehicle expenses. Taxpayers that use the Actual Car Expense method can use IRS form 2106-EZ, Unreimbursed Employee Business Expenses, to claim these expenses on their tax return. This form can be found, here.Whether you should use the standard mileage rate or the depends on your vehicle and the amount that you drive your vehicle for work. With strong record keeping calculating the deductions for both methods can help the taxpayer determine which method will maximize their tax return. Both methods require the taxpayer to keep a mileage log.Sources:IRS Publication 463, Chapter 4, Transportation, Standard Mileage RateIRS Publication 463, Ch 4, Transportation, Actual Car ExpensesIRS tax return form for Standard Mileage Rate deductions and other employee business expenses: Form 2106Car and Truck Expense Deduction RemindersThe IRS Standard Mileage Rate Deduction AmountsUnreimbursed Employee Business Expenses Form 2106-EZIf you decide to use the standard mileage rate method you will likely need a mileage expense log.What Should Your Mileage Expense Log IncludeThe IRS requires you to keep a detailed log of your miles if you want to deduct mileage expenses from your taxes, whether it’s a 1099 or a Schedule C, etc.With that said, the following should be included in your mileage report:the miles you drove for business (ie your mileage)the places you drove for businessthe business purpose of your tripthe date of your tripCheck out the links below to read more:Mileage Report, What's RequiredHow To Maximize Business Use Car Tax DeductionsThis answer does not consitiute professional tax advice. You should contact your own tax professional to discuss your situation.
I did a short term project for my employer before I was hired in January of 2021. got a 1099 on that income. Is it subject to the self employment tax?
Yes, 1099-misc income that's in box 7 is self-employment income and is subject to self-employment tax of 15.3% (7.65% employer and 7.65% employee portion). To be more precise, you're allowed an above-the-line AGI deduction for ½ your self-employment tax so the effective rate works out to be more like 14.9%. Typical government attempt to "even out" the double tax for self employment.  You report this income on Schedule C and you then have an opportunity to deduct expenses such as business use of vehicle on form 2106, office-in-home deduction on Form 8829 and miscellaneous deductions on Sch. C itself. If you have no such expenses, you can do sch. C-EZ. If you believe your employer handled this in error and you were actually an employee but were treated as an independent contractor, you then have uncollected Social Security and Medicare Tax on wages and would file Form 8919. This is uncommon, but could apply if you received a Form 1099-MISC in addition to a W-2 from a company for the same job.  This would be something you would probably want to discuss with your employer beforehand as it could subject them to penalty. Wages from Form 8919 line 6 will go directly to line 7 on Form 1040. See IRS Form 8919 instructions for more information if your wages were reported by your employer on a 1099-MISC with Uncollected Social Security and Medicare tax instead of on a W-2.
What is an awesome firm for expat tax filing in the US?
If you’re a U.S. citizen living abroad, Expat Tax Professionals is the perfect fit for you. Building on years of tax experience working for leading international accounting firms, we know how to handle expat-specific tax issues, and our services are provided completely online. We don’t outsource anything to contractors—we only have our own seasoned, licensed CPAs and tax attorneys preparing and reviewing every return.We also help late filers participate in the IRS amnesty programs. We understand that every situation is unique. We are always available to help discuss your options.Please visit our website for more information: www.expattaxprofessionals.com.Please also see our recently published articles:http://time.com/money/4298634/ex...http://www.cnbc.com/2016/08/15/e...
Does every US expat need to file taxes and what’s the best way to go about doing that?
The way most go about dealing with this is to not file at all and for the full time residents and citizens of other nations who just happen to have US citizenship, this is generally the best approach by far.You see, the tax compliance industry, the only real winners from this extraterritorial tax grab by the US government, will tell you that filing means no trouble, not filing means big trouble.The truth is it’s generally precisely the opposite way around.Firstly, beware US citizens that had a stint abroad and nothing other than a salary to report who tell you this is no problem. For those settled in other nations with full lives in those nations, dealing with the US tax code can be anything from an inconvenient expense to utterly catastrophic.For a current example of catastrophe for those who file and why those who don’t file don’t have the same problem, see the shiny new section 965(956?) transition tax and GILTI about to ruin businesses all over the globe, all that’s required is US citizenship of a substantial owner.Also a good example of why only fools partner with a US citizen abroad and why the banks don’t want to know them.Those with any sort of financial life at all that do need to file will generally need a very expensive specialist CPA and god help you if he makes a mistake and they do all the time,because the penalties are ferocious and utterly insupportable and bear no relation to the crime, such as complete confiscation of your entire net worth for failing to file an unconstitutional report on your bank account.Yes, really.Other are dealing with this by going to the US embassy and handing back their passports because it’s no longer just about reporting, the US tax code applied to the residents and citizens of other nations amounts to a human rights abuse.Americans are no longer free to leave the USA, their owners have engineered it so that there is one hell of a price to pay.https://purpleexpat.org/wp/;""