Wednesday, March 24, 2010

What's Deductible in Your Job Search?

Job hunting. It may be the most commonly used phrase in the country at the moment - okay, maybe after "healthcare reform". If you aren't looking for a job, someone you know is.  We've all seen the ad with the seemingly lost gentleman in the barber chair, asking if the hair cut is a deductible job hunting expense. There is a lot of confusion as to what is deductible and what is not. I'm going to do my best to make things clear.


Let's talk about where on the tax return job hunting costs are reported. It's on Schedule A - Itemized Deductions. If you don't already itemize, it's very unlikely that you will be able to deduct the costs of job hunting. Additionally, before the costs can even begin to be deductible they, along with other miscellaneous expenses, must exceed 2% of your Adjusted Gross Income (AGI). Your AGI in the number at the bottom of page one of your Form 1040. So, if you and/or your spouse have wages, interest and dividend income, unemployment, etc. equal $50,000,  your miscellaneous itemized deductions would not kick in until they exceeded $1,000.


Items that ARE considered deductible job hunting expenses:
  • Travel and meals
    • You can deduct mileage at standard rates (2009 is .55 cents) while job hunting for a new job in your present occupation. If you travel somewhere for your job search, you may deduct those costs as well. However, and that's a big however, only if the purpose is truly job hunting. One day of job hunting and 3 days of recreation will make the travel expenses non-deductible. Meals are only deductible at 50%. If the travel itself is not deducitble, expenses directly related to job hunting on the trip (such as cab fare to an interview) are deductible.
  • Employment and outplacement agency fees
    • You can deduct employment and outplacement agency fees you pay in looking for a new job in your present oocupation. If you get a new job, and an employer reimburses you these fees, they are not deductible. If you deduct the fees and are reimbursed in a subsequent year, you will need to add the amount you were reimbursed (up to what you deducted) to your gross income. You cannot deduct fees paid on your behalf by an employer.

  •  Resume Preparation and Distribution
    • You may deduct the costs of having your resume prepared, printed, and mailed while looking for a job in your present occupation.

Items that ARE NOT considered deductible job hunting expenses:
  • Personal Appearance
    • The answer to the television ad mentioned earlier is no. No to dry cleaning, suits or any other clothing, manicures, hair cuts or any other personal item.
  • Not Your Present Occupation
    • You cannot deduct the costs looking for a job in a new occupation, you are looking for a job for the first time, or if there has been a substantial break in your employment. An example of this would be if you were a stay at home mom or dad, and have decided to re-enter the workforce.
  • Anything not mentioned above!!!

A few other helpful hints:
  • If you have child care expenses while job hunting, those expenses can be deducted as a Child Care Credit on Form 2441.
  • Job relocation expenses are deductible, but the new job must be full time and at least 50 miles farther from your current home than your old job was. Types of expenses that qualify are the costs of packing and moving your belongings, and the cost of transporting you and your family to the new location. If you travel in your vehicle, you may deduct mileage at .24 cents/mile. You cannot deduct meals.
    For more information, see Publication 521, Moving Expenses.
  • Normally commuting miles are not deductible. However, if you have more than one job, travel to your second, or even third job, on the same day is deductible at standard mileage rates. If you work the second job on a day off from the first, it is considered commuting and not deductible. See Publication 463, Travel, Entertainment, Gift and Car Expenses for more information.




Monster.com
Careerbuilder.com
USA Jobs - The Federal Government's Job Website

Tuesday, March 9, 2010

Independent Contractor vs. Employee

In these difficult economic times, it's easy to fall into the trap of paying workers as independent contractors as opposed to employees to help to ease the cash flow burden. The topic is one that I am asked about in just about every social situation. The majority of the time my answer is, "No, they are NOT an independent contractor."  One of the first questions I ask is if this person puts themselves out for hire to anyone else. Do they have a business card, yellow page ad, web site, etc. advertising themselves as an independent contractor? If you can't answer "yes" to this question, it's a strong indication that you have an employee and not an independent contractor.

One of the pitfalls of this shortcut is that the employee realizes when it comes tax time they owe self-employment tax in addition to income tax. Regardless of how strong an employer believes the relationship or friendship is with the person in question, things become sticky.

The "employee" feels they should not have to carry the burden of the additional tax, and as a result, will inform the Internal Revenue Service, or their respective state agency, that they were indeed an employee under the complete control of the employer. Business owners often kid themselves into thinking this situation would never happen. It can, and it will.

Please see the following links for more information. The article on CFO.com stresses the IRS's current crackdown.

IRS - Employee vs. Independent Contractor

Cracking Down on Independent Contractors - Careers - CFO.com