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Millian M. Toms
CPA &
Business Advisor

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521 Ninth Street
Royal Oak, MI 48067

Phone
248.541.2052

Fax
248.541.2054

 

Note
These columns were applicable at the time the were published. Tax laws and situations change constantly.

Be sure to check current conditions before acting on this advice.

Regardless of the date these articles were published, you should always get professional advice from someone who knows your complete financial situation.

 

 

The paper trail

Blaze your tax path with documentation

Feb. 28, 2001 - Everyone lives in fear of being audited by the IRS, but few know just how the IRS picks its targets.

Well, Millian does. You have a greater chance of being audited if one or some of your deductions raises a red flag and catches the attention of the IRS’ computers.

“The big red flag is when you fall out of the normal range of other people in your same occupation,” she says. “And that usually happens when people try and push it too far and deduct expenses that aren’t really allowable.”

How does the IRS determine what is normal? Well, the ranges change every year, based on the average expenditures and deductions of people of the same profession as you. The problem, Millian says, is that the IRS doesn’t publish it’s numbers showing the ranges in a very timely fashion.

“They just this month published the ranges from 1998 for medical, charitable, taxes and miscellaneous deductions,” she says. “Most people that prepare their taxes use these numbers to determine the normal range, but the numbers are three years old.

The IRS is comparing you to everyone in the year 2000, not according to those three-year-old numbers.”

Of course, if it’s a legitimate deduction, Millian says you should still take it.

“Just make sure you support the deduction with documentation. For instance, if one year, you have an unusually high amount of non-cash charitable contributions, I would attach the receipts and a listing of the items to the actual tax return,” she says.

“The reason is, if you fall out of the range and your return is flagged for an audit because of that one item, you’ve got the documentation on the return and they won’t take it any further.”

If you don’t attach the paperwork, though, the IRS will audit you on the one item and on any number of addition items on the return.

So therein lies the solution – record keeping is key – not only if you’re a corporation but especially if you’re self employed and file a Schedule C with your return.

Raising the red flag

Most self-employed people get audited because they’ve tried to deduct personal expenses on their Schedule C as a work expense. “You can’t just deduct any expense you want,” Millian says. “There are the areas where people tend to abuse, so that’s where the IRS looks closest. Therefore they’ve set up very specific guidelines you have to follow.”

Gifts
If you buy gifts for your clients, most people think you can deduct the whole expenditure. Not true you can only deduct the first $25 you spend per year per client. “If you wanted to give someone a turkey at Thanksgiving, but you already gave them a ham at Easter, you are limited in how much you can deduct.”

Vehicle expenses
Many people try to write off their personal use of their car as a business expense – commuting mileage for example. “Commuting is the mileage you drive when you leave your home and go to your first appoint of the day. Commuting is considered personal and you can’t count that mileage as an expense.”

Computers & cell phones
“These are the big ones,” Millian says, “because they lend themselves to both personal and business use.” Even if you work for someone you can deduct part of your home computer and cell phone costa if you use them for work. “But you’ve got to keep a log of when and how long you use the item for work. Then at the end of the year, you can determine the percentage of time its used for work based on your log. Then you can deduct that percentage of the cost of the item.”

“If you file a Schedule C, record-keeping is the number one item to pay attention to because a lot of people don’t keep receipts and documents.

“I always say the first rule of record keeping is: ‘If you don’t keep the record, you don’t get the deduction.” It’s that simple.

If you try to estimate your expenses and deduct them, you could easily push your numbers up out of the normal range.

“And that’s when you get into trouble,” she says. If you get flagged, get audited and the IRS disallows your deductions, you’ll have to come up with the resulting taxes due and interest and there will be penalties as well.

“If the amount is over $5,000, it automatically becomes an accuracy-related penalty of 20 percent and can even result in fraud or criminal sanctions if you do not have a reasonable basis for the tax treatment you used.”

By documenting your activities and expenses all year long, it’s easy to keep your personal and professional finances separate.

“If you’re unsure about what’s allowed and what’s not, call a professional who can help,” Millian says. “Or brave the IRS booklets and hope you read it right.”

Millian M. Toms is a Royal Oak-based CPA and business advisor. She is also an active member of the community including The Optimists and Greater Royal Oak Chamber of Commerce. 

 

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