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NY Form 2106-EZ: What You Should Know

One type allows you to claim a deduction during any taxable year in which you incur an expense. This is called a “qualified” expense claimed on a Schedule A-EZ. The other type is the Form 8889, Non-Reimbursed Employee Business Expense, and is issued after the taxable year to those employees whose employer claims the Expended Expenses Tax Credit. This form is issued by the IRS for employees whose employer does not claim the Expended Expenses Tax Credit. The Form 8889 is for employees whose employer did claim the credit but who do not have paid their tax. Should I use IRS Form 2106 or 2106-EZ for Non-Reimbursed Expenses Not Attributable to My Job? No. This form is not available for employees who have incurred expenses but have not received a refund for the expense. The Form 2106-EZ allows taxpayers to deduct expenses that are not related to working as an employee but for which expenses are included in income by reason of section 162(m) of the Internal Revenue Code, as explained below. Form 2106 is also available if you are a worker covered by the Fair Labor Standards Act (FLEA) and you are reimbursed only for non-exempt wages you pay to your employer for the amount of work performed by you as a non-exempt employee. As explained below, if you are a non-exempt employee covered by the FLEA, you do not owe the FLEA's tax on non-reimbursed expenses incurred for employment activities. A Form 2106 is also an option for persons covered by the Health Insurance Portability and Accountability Act (HIPAA). An employee must meet one of the following IRS-approved tests to claim this form: 1. The expense was necessary for the employee's work as an exempt or non-exempt employee (for tax purposes) and the employee's expenses were incurred for the benefit of the employer (the “reasonable value test”). There is no “reasonable value test” for expenses of an exempt employee. 2. The employee's expenses were incurred for business or professional purposes and the employee's expenses were “fair” and reasonable in connection with those business or professional purposes. The employee does not need to demonstrate he or she was able to meet the particular needs of the business or profession to justify the expenses being claimed on the Form 2106. The IRS considers two factors in calculating “reasonable value”: business and personal expenses and specific business and professional expenses.

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