Introduction . . . . . . . . . . . . . . . . . . 1 (2022)

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Publication 535

Contents

Business

Expenses

Introduction . . . . . . . . . . . . . . . . . . 1

Cat. No. 15065Z

Department

of the

Treasury

Internal

Revenue

Service

For use in preparing

2022 Returns

What's New for 2022 . . . . . . . . . . . . . 2

What's New for 2023 . . . . . . . . . . . . . 2

Reminders . . . . . . . . . . . . . . . . . . . 2

Chapter 1. Deducting

Business Expenses

.......... 3

Chapter 2. Employees' Pay . . . . . . . . 8

Chapter 3. Rent Expense

. . . . . . . . 11

Chapter 4. Interest

. . . . . . . . . . . . 13

Chapter 5. Taxes

. . . . . . . . . . . . . 18

Chapter 6. Insurance . . . . . . . . . . . 21

Chapter 7. Costs You Can Deduct

or Capitalize . . . . . . . . . . . . . . 25

Chapter 8. Amortization . . . . . . . . . 29

Chapter 9. Depletion . . . . . . . . . . . 36

Chapter 10. Business Bad Debts . . . . 41

Chapter 11. Other Expenses

. . . . . . 43

Chapter 12. How To Get Tax Help . . . 50

The Taxpayer Advocate Service

(TAS) Is Here To Help You . . . . . 54

Index

. . . . . . . . . . . . . . . . . . . . . 56

Introduction

This publication discusses common business

expenses and explains what is and is not deductible. The general rules for deducting business expenses are discussed in the opening

chapter. The chapters that follow cover specific

expenses and list other publications and forms

you may need.

Note. Section references within this publication are to the Internal Revenue Code and regulation references are to the Income Tax Regulations under the Code.

Get forms and other information faster and easier at:

• IRS.gov (English)

• IRS.gov/Spanish (Español)

• IRS.gov/Chinese (中文)

Feb 2, 2023

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• IRS.gov/Russian (Pусский)

• IRS.gov/Vietnamese (Tiếng Việt)

Comments and suggestions. We welcome

your comments about this publication and your

suggestions for future editions.

You can send us comments through

IRS.gov/FormComments. Or you can write to

the Internal Revenue Service, Tax Forms and

Publications, 1111 Constitution Ave. NW,

IR-6526, Washington, DC 20224.

Although we cannot respond individually to

each comment received, we do appreciate your

feedback and will consider your comments and

suggestions as we revise our tax forms, instructions, and publications. Don’t send tax questions, tax returns, or payments to the above address.

Getting answers to your tax questions.

If you have a tax question not answered by this

publication or the How To Get Tax Help section

at the end of this publication, go to the IRS Interactive Tax Assistant page at IRS.gov/

Help/ITA where you can find topics by using the

search feature or viewing the categories listed.

Getting tax forms, instructions, and publications. Go to IRS.gov/Forms to download

current and prior-year forms, instructions, and

publications.

Ordering tax forms, instructions, and

publications. Go to IRS.gov/OrderForms to

order current forms, instructions, and publications; call 800-829-3676 to order prior-year

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as possible. Don’t resubmit requests you've already sent us. You can get forms and publications faster online.

Future Developments

For the latest information about developments

related to Pub. 535, such as legislation enacted

after it was published, go to IRS.gov/Pub535.

What's New for 2022

The following items highlight some changes in

the tax law for 2022.

Form 1099-K reporting transition period.

The transition period described in Notice

2023-10 delays the reporting of transactions in

excess of $600 to transactions that occur after

calendar year 2022. The transition period is intended to facilitate an orderly transition for

TPSO tax compliance, as well as individual

payee compliance with income tax reporting. A

participating payee, in the case of a third-party

network transaction, is any person who accepts

payment from a third-party settlement organization for a business transaction.

The COVID-19 related credit for qualified

sick and family leave wages is limited to

leave taken after March 31, 2020, and before October 1, 2021. Generally, the credit

for qualified sick and family leave wages, as

enacted under the Families First Coronavirus

Response Act (FFCRA) and amended and extended by the COVID-related Tax Relief Act of

2020, for leave taken after March 31, 2020, and

before April 1, 2021, and the credit for qualified

sick and family leave wages under sections

3131, 3132, and 3133 of the Internal Revenue

Code, as enacted under the American Rescue

Plan Act of 2021 (the ARP), for leave taken after

March 31, 2021, and before October 1, 2021,

have expired. However, employers that pay

qualified sick and family leave wages in 2022

for leave taken after March 31, 2020, and before October 1, 2021, are eligible to claim a

credit for qualified sick and family leave wages

in 2022. For more information, see chapter 2.

The COVID-19 related employee retention

credit has expired. The employee retention

credit enacted under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and

amended and extended by the Taxpayer Certainty and Disaster Tax Relief Act of 2020 was

limited to qualified wages paid after March 12,

Page 2

2020, and before July 1, 2021. The employee

retention credit under section 3134 of the Internal Revenue Code, as enacted by the ARP and

amended by the Infrastructure Investment and

Jobs Act, was limited to wages paid after June

30, 2021, and before October 1, 2021, unless

the employer was a recovery startup business.

An employer that was a recovery startup business could also claim the employee retention

credit for wages paid after September 30, 2021,

and before January 1, 2022. For more information, see chapter 2.

Credit for COBRA premium assistance payments is limited to periods of coverage beginning on or after April 1, 2021, through

periods of coverage beginning on or before

September 30, 2021. Section 9501 of the

ARP provides for COBRA premium assistance

in the form of a full reduction in the premium

otherwise payable by certain individuals and

their families who elect COBRA continuation

coverage due to a loss of coverage as the result

of a reduction in hours or an involuntary termination of employment (assistance eligible individuals). This COBRA premium assistance is

available for periods of coverage beginning on

or after April 1, 2021, through periods of coverage beginning on or before September 30,

2021. For more information, see chapter 2.

Advance payment of COVID-19 credits extended. You may no longer request an advance payment of any credit on Form 7200, Advance Payment of Employer Credits Due to

COVID-19. For more information, see chapter 2.

Research and experimental costs. Beginning January 1, 2022, research and experimental expenditures, generally, have to be amortized over a 5-year period. A business cannot

elect to deduct their total research expenses in

the current year. For more information, see

chapter 7.

Amortization of research and experimental

expenditures. Specified research or experimental costs paid or incurred in tax years beginning after 2021 must be capitalized and amortized ratably over a 5-year period (15-year

period for any expenditures related to foreign

research). For more information, see chapter 8.

Corporate alternative minimum tax reinstated in 2023. P.L. 117-169, dated August 16,

2022, amended section 55 to impose a corporate alternative minimum tax. The amendment

applies to tax years beginning after 2022. For

more information, see chapter 9.

Excise tax on Black Lung Benefits now permanent. P.L. 117-169 also amended section

4121 to eliminate the reduction in tax on coal

from mines located in the United States sold by

the producer. The amendment applies to sales

in calendar quarters beginning after August 17,

2022. For more information, see chapter 9.

Standard mileage rate. For tax year 2022, the

standard mileage rate for the cost of operating

your car, van, pickup, or panel truck for each

mile of business use is:

• 58.5 cents per mile from January 1, 2022,

through June 30, 2022; and

• 62.5 cents per mile from July 1, 2022,

through December 31, 2022.

For more information, see chapter 11.

What's New for 2023

The following item highlights a change in the tax

law for 2023.

Most current standard mileage rate. For the

most current standard mileage rates, go to

IRS.gov/Tax-Professionals/Standard-MileageRates.

The following item highlights a change

regarding this publication.

Final revision. Pub. 535 will no longer be revised and published. The 2022 edition will be

the final revision available.

Reminders

The following reminders and other items may

help you file your tax return.

IRS e-file (Electronic Filing)

You can file your tax returns electronically

using an IRS e-file option. The benefits of IRS

e-file include faster refunds, increased

accuracy, and acknowledgment of IRS receipt

of your return. You can use one of the following

IRS e-file options.

• Use an authorized IRS e-file provider.

• Use a personal computer.

• Visit a Volunteer Income Tax Assistance

(VITA) or Tax Counseling for the Elderly

(TCE) site.

For details on these fast filing methods, see

your income tax package.

Form 1099-MISC. File Form 1099-MISC, Miscellaneous Income, for each person to whom

you have paid during the year in the course of

your trade or business at least $600 in rents,

prizes and awards, other income payments,

medical and health care payments, and crop insurance proceeds. See the Instructions for

Forms 1099-MISC and 1099-NEC for more information and additional reporting requirements.

Form 1099-NEC. File Form 1099-NEC, Nonemployee Compensation, for each person to

whom you have paid during the year in the

course of your trade or business at least $600 in

services (including parts and materials), who is

not your employee. See the Instructions for

Forms 1099-MISC and 1099-NEC for more information and additional reporting requirements.

Gig Economy Tax Center. The IRS Gig Economy Tax Center on IRS.gov can help people in

this growing area meet their tax obligations

through more streamlined information.

The gig economy is also known as the sharing, on-demand, or access economy. It usually

includes businesses that operate an app or

website to connect people to provide services

to customers. While there are many types of gig

economy businesses, ride-sharing and home

rentals are two of the most popular.

Publication 535 (2022)

The Gig Economy Tax Center streamlines

various resources, making it easier for taxpayers to find information about the tax implications

for the companies that provide the services and

the individuals who perform them. It offers tips

and resources on a variety of topics including:

• Filing requirements;

• Making quarterly estimated income tax

payments;

• Paying self-employment taxes;

• Paying FICA, Medicare, and Additional

Medicare taxes;

• Deductible business expenses; and

• Special rules for reporting vacation home

rentals.

For more information, go to the Gig

Economy Tax Center at IRS.gov/Gig.

Photographs of missing children. The Internal Revenue Service is a proud partner with the

National Center for Missing & Exploited

Children® (NCMEC). Photographs of missing

children selected by the Center may appear in

this publication on pages that would otherwise

be blank. You can help bring these children

home by looking at the photographs and calling

1-800-THE-LOST (1-800-843-5678) (24 hours

a day, 7 days a week) if you recognize a child.

Preventing slavery and human trafficking.

Human trafficking is a form of modern-day slavery, and involves the use of force, fraud, or coercion to exploit human beings for some type of

labor or commercial sex purpose. The United

States is a source, transit, and destination

country for men, women, and children, both

U.S. citizens and foreign nationals, who are

subjected to the injustices of slavery and human trafficking, including forced labor, debt

bondage, involuntary servitude, “mail-order”

marriages, and sex trafficking. Trafficking in

persons can occur in both lawful and illicit industries or markets, including in hotel services,

hospitality, agriculture, manufacturing, janitorial

services, construction, health and elder care,

domestic service, brothels, massage parlors,

and street prostitution, among others.

The President’s Interagency Task Force to

Monitor and Combat Trafficking in Persons

(PITF) brings together federal departments and

agencies to ensure a whole-of-government approach that addresses all aspects of human

trafficking. Online resources for recognizing and

reporting trafficking activities, and assisting victims include the Department of Homeland Security (DHS) Blue Campaign at DHS.gov/bluecampaign, the Department of State Office to

Monitor and Combat Trafficking in Persons at

State.gov/j/tip, and the National Human Trafficking Resource Center (NHTRC) at

humantraffickinghotline.org. DHS is responsible

for investigating human trafficking, arresting

traffickers, and protecting victims. DHS also

provides immigration relief to non-U.S. citizen

victims of human trafficking. DHS uses a victimcentered approach to combating human trafficking, which places equal value on identifying

and stabilizing victims and on investigating and

prosecuting traffickers. Victims are crucial to investigations and prosecutions; each case and

every conviction changes lives. DHS understands how difficult it can be for victims to come

forward and work with law enforcement due to

their trauma. DHS is committed to helping victims feel stable, safe, and secure.

To report suspected human trafficking, call

the DHS domestic 24-hour toll-free number at

866-DHS-2-ICE

(866-347-2423)

or

802-872-6199 (non-toll-free international). For

help from the NHTRC, call the National Human

Trafficking Hotline toll free at 888-373-7888 or

text HELP or INFO to BeFree (233733).

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN)

has issued a public advisory to financial institutions that contains red flag indicators for potential suspicious financial activity associated with

human trafficking. If warranted, financial institutions should file a Suspicious Activity Report

(FinCEN 112) with FinCEN to report these activities. For more information, go to Fincen.gov/

Sites/default/files/advisory/FIN-2014-A008.pdf.

925 Passive Activity and At-Risk Rules

925

936 Home Mortgage Interest

Deduction

936

946 How To Depreciate Property

946

Form (and Instructions)

Schedule A (Form 1040) Itemized

Deductions

Schedule A (Form 1040)

5213 Election To Postpone

Determination as To Whether the

Presumption Applies That an

Activity Is Engaged in for Profit

5213

See chapter 12 for information about getting

publications and forms.

What Can I Deduct?

To be deductible, a business expense must be

both ordinary and necessary. An ordinary expense is one that is common and accepted in

your industry. A necessary expense is one that

is helpful and appropriate for your trade or business. An expense does not have to be indispensable to be considered necessary.

1.

Deducting

Business

Expenses

Introduction

This chapter covers the general rules for deducting business expenses. Business expenses are the costs of carrying on a trade or business, and they are usually deductible if the

business is operated to make a profit.

Cost of Goods Sold

If your business manufactures products or purchases them for resale, you must generally

value inventory at the beginning and end of

each tax year to determine your cost of goods

sold. Some of your business expenses may be

included in figuring cost of goods sold. Cost of

goods sold is deducted from your gross receipts to figure your gross profit for the year. If

you include an expense in the cost of goods

sold, you cannot deduct it again as a business

expense.

Topics

This chapter discusses:

•

•

•

•

Even though an expense may be ordinary

and necessary, you may not be allowed to deduct the expense in the year you paid or incurred it. In some cases, you may not be allowed

to deduct the expense at all. Therefore, it is important to distinguish usual business expenses

from expenses that include the following.

• The expenses used to figure cost of goods

sold.

• Capital expenses.

• Personal expenses.

What you can deduct

How much you can deduct

When you can deduct

Not-for-profit activities

Useful Items

You may want to see:

Publication

334 Tax Guide for Small Business

334

463 Travel, Gift, and Car Expenses

463

525 Taxable and Nontaxable Income

525

529 Miscellaneous Deductions

529

536 Net Operating Losses (NOLs) for

Individuals, Estates, and Trusts

The following are types of expenses that go

into figuring cost of goods sold.

• The cost of products or raw materials, including freight.

• Storage.

• Direct labor (including contributions to pension or annuity plans) for workers who produce the products.

• Factory overhead.

536

538 Accounting Periods and Methods

538

542 Corporations

542

547 Casualties, Disasters, and Thefts

547

583 Starting a Business and Keeping

Records

583

587 Business Use of Your Home

587

Chapter 1

Under the uniform capitalization rules, you

must capitalize the direct costs and part of the

indirect costs for certain production or resale

activities. Indirect costs include rent, interest,

taxes, storage, purchasing, processing, repackaging, handling, and administrative costs.

This rule does not apply to small business

taxpayers. You qualify as a small business taxpayer if you (a) have average annual gross

Deducting Business Expenses

Page 3

receipts of $27 million or less for the 3 prior tax

years, and (b) are not a tax shelter (as defined

in section 448(d)(3)). If your business has not

been in existence for all of the 3-tax-year period

used in figuring average gross receipts, base

your average on the period it has existed, and if

your business has a predecessor entity, include

the gross receipts of the predecessor entity

from the 3-tax-year period when figuring average gross receipts. If your business (or predecessor entity) had short tax years for any of the

3-tax-year period, annualize your business’

gross receipts for the short tax years that are

part of the 3-tax-year period. See Pub. 538 for

more information.

For more information, see the following

sources.

• Cost of goods sold—chapter 6 of Pub.

334.

• Inventories—Pub. 538.

• Uniform capitalization rules—Pub. 538 and

section 263A and the related regulations.

Capital Expenses

You must capitalize, rather than deduct, some

costs. These costs are a part of your investment

in your business and are called “capital expenses.” Capital expenses are considered assets

in your business. In general, you capitalize

three types of costs.

• Business startup costs (see Tip below).

• Business assets.

• Improvements.

You can elect to deduct or amortize

TIP certain business startup costs. See

chapters 7 and 8.

Cost recovery. Although you generally cannot

take a current deduction for a capital expense,

you may be able to recover the amount you

spend through depreciation, amortization, or

depletion. These recovery methods allow you to

deduct part of your cost each year. In this way,

you are able to recover your capital expense.

See Amortization (chapter 8) and Depletion

(chapter 9) in this publication. A taxpayer can

elect to deduct a portion of the costs of certain

depreciable property as a section 179 deduction. A greater portion of these costs can be deducted if the property is qualified disaster assistance property. See Pub. 946 for details.

Going Into Business

The costs of getting started in business, before

you actually begin business operations, are

capital expenses. These costs may include expenses for advertising, travel, or wages for

training employees.

If you go into business. When you go into

business, treat all costs you had to get your

business started as capital expenses.

Usually, you recover costs for a particular

asset through depreciation. Generally, you cannot recover other costs until you sell the business or otherwise go out of business. However,

you can choose to amortize certain costs for

setting up your business. See Starting a Business in chapter 8 for more information on business startup costs.

Page 4

Chapter 1

If your attempt to go into business is unsuccessful. If you are an individual and your

attempt to go into business is not successful,

the expenses you had in trying to establish

yourself in business fall into two categories.

1. The costs you had before making a decision to acquire or begin a specific business. These costs are personal and nondeductible. They include any costs

incurred during a general search for, or

preliminary investigation of, a business or

investment possibility.

2. The costs you had in your attempt to acquire or begin a specific business. These

costs are capital expenses and you can

deduct them as a capital loss.

If you are a corporation and your attempt to

go into a new trade or business is not successful, you may be able to deduct all investigatory

costs as a loss.

The costs of any assets acquired during

your unsuccessful attempt to go into business

are a part of your basis in the assets. You cannot take a deduction for these costs. You will recover the costs of these assets when you dispose of them.

Business Assets

There are many different kinds of business assets, for example, land, buildings, machinery,

furniture, trucks, patents, and franchise rights.

You must fully capitalize the cost of these assets, including freight and installation charges.

Certain property you produce for use in your

trade or business must be capitalized under the

uniform capitalization rules. See Regulations

section 1.263A-2 for information on these rules.

De Minimis Safe Harbor for

Tangible Property

Although you must generally capitalize costs to

acquire or produce real or tangible personal

property used in your trade or business, such

as buildings, equipment, or furniture, you can

elect to use a de minimis safe harbor to deduct

the costs of some tangible property. Under the

de minimis safe harbor for tangible property,

you can deduct de minimis amounts paid to acquire or produce certain tangible business property if these amounts are deducted by you for financial accounting purposes or in keeping your

books and records. See the following for the requirements for the de minimis safe harbor.

You have an applicable financial statement.

If you elect the de minimis safe harbor for the

tax year, you can deduct amounts paid to acquire or produce certain tangible business property if:

• You have a trade or business or are a corporation, partnership, or S corporation that

has an applicable financial statement;

• You have, at the beginning of the tax year,

written accounting procedures treating as

an expense for nontax purposes:

Deducting Business Expenses

– Amounts paid for property costing

less than a certain dollar amount, or

– Amounts paid for property with an

economic useful life of 12 months or

less;

• You treat the amount paid during the tax

year for which you make the election as an

expense on your applicable financial statements in accordance with your written accounting procedures;

• The amount paid for the property does not

exceed $5,000 per invoice (or per item

substantiated by invoice); and

• The uniform capitalization rules do not apply to the amount.

You do not have an applicable financial

statement. If you elect the de minimis safe

harbor for the tax year, you can deduct amounts

paid to acquire or produce certain tangible business property if:

• You have a trade or business, partnership,

or S corporation that does not have an applicable financial statement;

• You have, at the beginning of the tax year,

accounting procedures treating as an expense for nontax purposes:

– Amounts paid for property costing

less than a certain dollar amount, or

– Amounts paid for property with an

economic useful life of 12 months or

less;

• You treat the amounts paid for the property

as an expense on your books and records

in accordance with your accounting procedures;

• The amount paid for the property does not

exceed $2,500 per invoice (or per item

substantiated by invoice); and

• The uniform capitalization rules do not apply to the amounts.

How to make the de minimis safe harbor

election. To elect the de minimis safe harbor

for the tax year, attach a statement to the taxpayer’s timely filed original tax return (including

extensions) for the tax year when qualifying

amounts were paid. The statement must be titled “Section 1.263(a)-1(f) de minimis safe harbor election” and must include your name, address, taxpayer identification number (TIN), and

a statement that you are making the de minimis

safe harbor election under section 1.263(a)-1(f).

In the case of a consolidated group filing a consolidated income tax return, the election is

made for each member of the consolidated

group.

In the case of a consolidated group filing a

consolidated income tax return, the election is

made for each member of the consolidated

group. In the case of an S corporation or a partnership, the election is made by the S corporation or the partnership and not by the shareholders or partners. The election applies only

for the tax year for which it is made.

Example. In 2022, you do not have an applicable financial statement and you purchase

five laptop computers for use in your trade or

business. You paid $2,000 each for a total cost

of $10,000 and these amounts are substantiated in an invoice. You had an accounting procedure in place at the beginning of 2022 to expense the cost of tangible property if the

property costs $2,000 or less. You treat each

computer as an expense on your books and

records for 2022 in accordance with this policy.

If you elect the de minimis safe harbor in your

tax returns for your 2022 tax year, you can deduct the cost of each $2,000 computer.

Improvements

Generally, you must capitalize the costs of making improvements to a business asset if the improvements result in a betterment to the unit of

property, restore the unit of property, or adapt

the unit of property to a new or different use.

Some examples of improvements include

rewiring or replumbing of a building, replacing

an entire roof, increasing the production output

of your equipment, putting an addition on your

building, strengthening the foundation of a

building so you can use it for a new purpose, or

replacing a major component or substantial

structural part of a machine.

However, you may currently deduct the

costs of repairs or maintenance that do not improve a unit of property. This generally includes

the costs of routine repairs and maintenance to

your property that result from your use of the

property and that keep your property in an ordinary, efficient operating condition. For example,

deductible repairs include costs such as painting exteriors or interiors of business buildings,

repairing broken windowpanes, replacing

worn-out minor parts, sealing cracks and leaks,

and changing oil or other fluids to maintain business equipment.

Routine maintenance safe harbor. If you

determine that your cost was for an improvement to a building or equipment, you can deduct your cost under the routine maintenance

safe harbor. Under the routine maintenance

safe harbor, you can deduct the costs of an improvement that meets all of the following criteria.

• It is paid for recurring activities performed

on tangible property.

• It arises from the use of the property in

your trade or business.

• It keeps your property in an ordinary, efficient operating condition.

• You reasonably expect, at the time the

property is placed in service, to perform

this activity:

– For buildings and building systems,

more than once during the 10-year period after you place the building in

service; or

– For other property, more than once

during the class life of the particular

type of property. For class lives, see

Revenue Procedure 88-57, 1987-2

C.B. 674.

Costs incurred during an improvement.

You must capitalize both the direct and indirect

costs of an improvement. Indirect costs include

repairs and other expenses that directly benefit

or are incurred by reason of your improvement.

For example, if you improve the electrical system in your building, you must also capitalize

the costs of repairing the holes that you made in

walls to install the new wiring. This rule applies

even if this work, performed by itself, would oth-

erwise be treated as currently deductible repair

costs.

Election to capitalize repair and maintenance costs. You can elect to capitalize and

depreciate certain amounts paid for repair and

maintenance of tangible property, even if they

do not improve your property. To qualify for this

election, you must treat these amounts as capital expenditures on your books and records

used in figuring your income. If you make this

election, you must apply it to all repair and

maintenance costs of tangible property that you

treat as capital expenditures on your books and

records for this tax year. To make the election

to treat repairs and maintenance as capital expenditures, attach a statement titled “Section

1.263(a)-3(n) Election” to your timely filed original tax return (including extensions) and include

your name and address, TIN, and a statement

that you elect to capitalize repair and maintenance costs under section 1.263(a)-3(n). You

must treat these amounts as improvements to

your tangible property and begin to depreciate

these amounts when the improvement is placed

in service.

Capital Versus Deductible

Expenses

To help you distinguish between capital and deductible expenses, different examples are given

below.

Motor vehicles. You usually capitalize the

cost of a motor vehicle you use in your business. You can recover its cost through annual

deductions for depreciation.

There are dollar limits on the depreciation

you can claim each year on passenger automobiles used in your business. See Pub. 463 for

more information.

Generally, repairs you make to your business vehicle are currently deductible. However,

amounts you pay to improve your business vehicle are generally capital expenditures and are

recovered through depreciation.

Roads and driveways. The cost of building a

private road on your business property and the

cost of replacing a gravel driveway with a concrete one are capital expenses you may be able

to depreciate. The cost of maintaining a private

road on your business property is a deductible

expense.

Tools. Unless the uniform capitalization rules

apply, amounts spent for tools used in your

business are deductible expenses if the tools

have a life expectancy of less than 1 year or

they cost $200 or less per item or invoice.

Machinery parts. Unless the uniform capitalization rules apply, the cost of replacing

short-lived parts of a machine to keep it in good

working condition, but not to improve the machine, is a deductible expense.

Heating equipment. The cost of changing

from one heating system to another is a capital

expense.

Chapter 1

Deduction for qualified business income.

For tax years beginning after 2017, you may be

entitled to take a deduction of up to 20% of your

qualified business income from your qualified

trade or business, plus 20% of the aggregate

amount of qualified real estate investment trust

(REIT) and qualified publicly traded partnership

income. The deduction is subject to various limitations, such as limitations based on the type of

your trade or business, your taxable income,

the amount of W-2 wages paid with respect to

the qualified trade or business, and the unadjusted basis of qualified property held by your

trade or business. You will claim this deduction

on Form 1040 or 1040-SR, not on Schedule C.

Unlike other deductions, this deduction can be

taken in addition to the standard or itemized deductions. For more information, see the Instructions for Form 1040.

Personal Versus Business

Expenses

Generally, you cannot deduct personal, living,

or family expenses. However, if you have an expense for something that is used partly for business and partly for personal purposes, divide

the total cost between the business and personal parts. You can deduct the business part.

For example, if you borrow money and use

70% of it for business and the other 30% for a

family vacation, you can generally deduct 70%

of the interest as a business expense. The remaining 30% is personal interest and is generally not deductible. See chapter 4 for information on deducting interest and the allocation

rules.

Business use of your home. If you use part

of your home for business, you may be able to

deduct expenses for the business use of your

home. These expenses may include mortgage

interest, insurance, utilities, repairs, and depreciation.

To qualify to claim expenses for the business use of your home, you must meet both of

the following tests.

1. The business part of your home must be

used exclusively and regularly for your

trade or business.

2. The business part of your home must be:

a. Your principal place of business;

b. A place where you meet or deal with

patients, clients, or customers in the

normal course of your trade or business; or

c. A separate structure (not attached to

your home) used in connection with

your trade or business.

You generally do not have to meet the exclusive use test for the part of your home that

you regularly use either for the storage of inventory or product samples, or as a daycare facility.

Your home office qualifies as your principal

place of business if you meet the following requirements.

• You use the office exclusively and regularly for administrative or management activities of your trade or business.

Deducting Business Expenses

Page 5

• You have no other fixed location where

you conduct substantial administrative or

management activities of your trade or

business.

If you have more than one business location, determine your principal place of business

based on the following factors.

• The relative importance of the activities

performed at each location.

• If the relative importance factor does not

determine your principal place of business,

consider the time spent at each location.

Optional safe harbor method. Individual

taxpayers can use the optional safe harbor

method to determine the amount of deductible

expenses attributable to certain business use of

a residence during the tax year. This method is

an alternative to the calculation, allocation, and

substantiation of actual expenses.

The deduction under the optional method is

limited to $1,500 per year based on $5 per

square foot for up to 300 square feet. Under this

method, you claim your allowable mortgage interest, real estate taxes, and casualty losses on

the home as itemized deductions on Schedule A (Form 1040). You are not required to allocate these deductions between personal and

business use, as is required under the regular

method. If you use the optional method, you

cannot depreciate the portion of your home

used in a trade or business.

Business expenses unrelated to the home,

such as advertising, supplies, and wages paid

to employees, are still fully deductible. All of the

requirements discussed earlier under Business

use of your home still apply.

For more information on the deduction for

business use of your home, including the optional safe harbor method, see Pub. 587.

If you were entitled to deduct depreciation on the part of your home used for

CAUTION business, you cannot exclude the part

of the gain from the sale of your home that

equals any depreciation you deducted (or could

have deducted) for periods after May 6, 1997.

!

Business use of your car. If you use your car

exclusively in your business, you can deduct

car expenses. If you use your car for both business and personal purposes, you must divide

your expenses based on actual mileage. Generally, commuting expenses between your

home and your business location, within the

area of your tax home, are not deductible.

You can deduct actual car expenses, which

include depreciation (or lease payments), gas

and oil, tires, repairs, tune-ups, insurance, and

registration fees. Or, instead of figuring the

business part of these actual expenses, you

may be able to use the standard mileage rate to

figure your deduction. For 2022, the standard

mileage rate is 58.5 cents per mile before July

1, 2022, and 62.5 cents per mile on or after July

1, 2022. To find the standard mileage rate for

2023,

go

to

IRS.gov/Tax-Professionals/

Standard-Mileage-Rates.

If you are self-employed, you can also deduct the business part of interest on your car

loan, state and local personal property tax on

the car, parking fees, and tolls, whether or not

you claim the standard mileage rate.

Page 6

Chapter 1

For more information on car expenses and

the rules for using the standard mileage rate,

see Pub. 463.

How Much Can I

Deduct?

Generally, you can deduct the full amount of a

business expense if it meets the criteria of ordinary and necessary and it is not a capital expense.

Recovery of amount deducted (tax benefit

rule). If you recover part of an expense in the

same tax year in which you would have claimed

a deduction, reduce your current year expense

by the amount of the recovery. If you have a recovery in a later year, include the recovered

amount in income in that year. However, if part

of the deduction for the expense did not reduce

your tax, you do not have to include that part of

the recovered amount in income.

For more information on recoveries and the

tax benefit rule, see Pub. 525.

Payments in kind. If you provide services to

pay a business expense, the amount you can

deduct is limited to your out-of-pocket costs.

You cannot deduct the cost of your own labor.

Similarly, if you pay a business expense in

goods or other property, you can deduct only

what the property costs you. If these costs are

included in the cost of goods sold, do not deduct them again as a business expense.

Limits on losses. If your deductions for an investment or business activity are more than the

income it brings in, you have a loss. There may

be limits on how much of the loss you can deduct.

Not-for-profit limits. If you carry on your

business activity without the intention of making

a profit, you cannot use a loss from it to offset

other income. For more information, see

Not-for-Profit Activities, later.

At-risk limits. Generally, a deductible loss

from a trade or business or other income-producing activity is limited to the investment you

have “at risk” in the activity. You are at risk in

any activity for the following.

1. The money and adjusted basis of property

you contribute to the activity.

2. Amounts you borrow for use in the activity

if:

a. You are personally liable for repayment, or

b. You pledge property (other than property used in the activity) as security for

the loan.

For more information, see Pub. 925.

Passive activities. Generally, you are in a

passive activity if you have a trade or business

activity in which you do not materially participate, or a rental activity. In general, deductions

for losses from passive activities only offset income from passive activities. You cannot use

any excess deductions to offset other income.

Deducting Business Expenses

In addition, passive activity credits can only offset the tax on net passive income. Any excess

loss or credits are carried over to later years.

Suspended passive losses are fully deductible

in the year you completely dispose of the activity. For more information, see Pub. 925.

Net operating loss (NOL). If your deductions are more than your income for the year,

you may have an NOL. You can use an NOL to

lower your taxes in other years. See Pub. 536

for more information.

See Pub. 542 for information about NOLs of

corporations.

When Can I

Deduct an Expense?

When you can deduct an expense depends on

your accounting method. An accounting

method is a set of rules used to determine when

and how income and expenses are reported.

The two basic methods are the cash method

and the accrual method. Whichever method

you choose must clearly reflect income.

For more information on accounting methods, see Pub. 538.

Cash method. Under the cash method of accounting, you generally deduct business expenses in the tax year you pay them.

Accrual method. Under the accrual method

of accounting, you generally deduct business

expenses when both of the following apply.

1. The all-events test has been met. The test

is met when:

a. All events have occurred that fix the

fact of liability, and

b. The liability can be determined with

reasonable accuracy.

2. Economic performance has occurred.

Economic performance. You generally

cannot deduct or capitalize a business expense

until economic performance occurs. If your expense is for property or services provided to

you, or for your use of property, economic performance occurs as the property or services are

provided, or the property is used. If your expense is for property or services you provide to

others, economic performance occurs as you

provide the property or services.

Example. Your tax year is the calendar

year. In December 2022, the Field Plumbing

Company did some repair work at your place of

business and sent you a bill for $600. You paid

it by check in January 2023. If you use the accrual method of accounting, deduct the $600 on

your tax return for 2022 because all events

have occurred to “fix” the fact of liability (in this

case, the work was completed), the liability can

be determined, and economic performance occurred in that year.

If you use the cash method of accounting,

deduct the expense on your 2023 tax return.

Prepayment. You generally cannot deduct expenses in advance, even if you pay them in advance. This applies to prepaid interest, prepaid

insurance premiums, and any other prepaid expense that creates an intangible asset. If you

pay an amount that creates an intangible asset,

then you must capitalize the amounts paid and

begin to amortize the payment over the appropriate period.

However, you do not have to capitalize

amounts for creating an intangible asset if the

right or benefit created does not extend beyond

the earlier of 12 months after the date that you

first receive the right or benefit or the end of the

tax year following the year in which you made

the advance payment. If you are a cash method

taxpayer and your advance payment qualifies

for this exception, then you can generally deduct the amount when paid. If you are an accrual method taxpayer, you cannot deduct the

amount until the all-events test has been met

and economic performance has occurred.

Example 1. In 2022, you sign a 10-year

lease and immediately pay your rent for the first

3 years. Even though you paid the rent for

2022, 2023, and 2024, you can only deduct the

rent for 2022 on your 2022 tax return. You can

deduct the rent for 2023 and 2024 on your tax

returns for those years.

Example 2. You are a cash method calendar year taxpayer. On December 1, 2022, you

sign a 12-month lease, effective beginning January 1, 2023, and immediately pay your rent for

the entire 12-month period that begins on January 1, 2023. The right or benefit attributable to

the payment neither extends more than 12

months beyond January 1, 2023 (the first day

that you are entitled to use the property) nor beyond the tax year ending December 31, 2023

(the year following the year in which you made

the advance payment). Therefore, your prepayment does not have to be capitalized, and you

can deduct the entire payment in the year you

pay it.

Contested liability. Under the cash method,

you can deduct a contested liability only in the

year you pay the liability. Under the accrual

method, you can deduct contested liabilities

such as taxes (except foreign or U.S. possession income, war profits, and excess profits

taxes) either in the tax year you pay the liability

(or transfer money or other property to satisfy

the obligation) or in the tax year you settle the

contest. However, to take the deduction in the

year of payment or transfer, you must meet certain conditions. See Regulations section

1.461-2.

Related person. Under the accrual method of

accounting, you generally deduct expenses

when you incur them, even if you have not yet

paid them. However, if you and the person you

owe are related and that person uses the cash

method of accounting, you must pay the expense before you can deduct it. Your deduction

is allowed when the amount is includible in income by the related cash method payee. For

more information, see Related Persons in Pub.

538.

Not-for-Profit Activities

If you do not carry on your business or investment activity to make a profit, you cannot use a

loss from the activity to offset other income. Activities you do as a hobby, or mainly for sport or

recreation, are often not entered into for profit.

The limit on not-for-profit losses applies to

individuals, partnerships, estates, trusts, and S

corporations. It does not apply to corporations

other than S corporations.

In determining whether you are carrying on

an activity for profit, several factors are taken

into account. No one factor alone is decisive.

Among the factors to consider are whether:

• You carry on the activity in a businesslike

manner,

• The time and effort you put into the activity

indicate you intend to make it profitable,

• You depend on the income for your livelihood,

• Your losses are due to circumstances beyond your control (or are normal in the

startup phase of your type of business),

• You change your methods of operation in

an attempt to improve profitability,

• You (or your advisors) have the knowledge

needed to carry on the activity as a successful business,

• You were successful in making a profit in

similar activities in the past,

• The activity makes a profit in some years,

and

• You can expect to make a future profit from

the appreciation of the assets used in the

activity.

Presumption of profit. An activity is presumed carried on for profit if it produced a profit

in at least 3 of the last 5 tax years, including the

current year. Activities that consist primarily of

breeding, training, showing, or racing horses

are presumed carried on for profit if they produced a profit in at least 2 of the last 7 tax

years, including the current year. The activity

must be substantially the same for each year

within this period. You have a profit when the

gross income from an activity exceeds the deductions.

If a taxpayer dies before the end of the

5-year (or 7-year) period, the “test” period ends

on the date of the taxpayer's death.

If your business or investment activity

passes this 3- (or 2-) years-of-profit test, the

IRS will presume it is carried on for profit. This

means the limits discussed here will not apply.

You can take all your business deductions from

the activity, even for the years that you have a

loss. You can rely on this presumption unless

the IRS later shows it to be invalid.

Using the presumption later. If you are starting an activity and do not have 3 (or 2) years

showing a profit, you can elect to have the presumption made after you have the 5 (or 7) years

of experience allowed by the test.

You can elect to do this by filing Form 5213.

Filing this form postpones any determination

that your activity is not carried on for profit until

5 (or 7) years have passed since you started

the activity.

Chapter 1

The benefit gained by making this election is

that the IRS will not immediately question

whether your activity is engaged in for profit.

Accordingly, it will not restrict your deductions.

Rather, you will gain time to earn a profit in the

required number of years. If you show 3 (or 2)

years of profit at the end of this period, your deductions are not limited under these rules. If you

do not have 3 (or 2) years of profit, the limit can

be applied retroactively to any year with a loss

in the 5-year (or 7-year) period.

Filing Form 5213 automatically extends the

period of limitations on any year in the 5-year

(or 7-year) period to 2 years after the due date

of the tax return for the last year of the period.

The period is extended only for deductions of

the activity and any related deductions that

might be affected.

You must file Form 5213 within 3 years

TIP after the due date of your tax return

(determined without extensions) for the

year in which you first carried on the activity, or,

if earlier, within 60 days after receiving written

notice from the IRS proposing to disallow deductions attributable to the activity.

Gross Income

Gross income from a not-for-profit activity includes the total of all gains from the sale, exchange, or other disposition of property, and all

other gross receipts derived from the activity.

Gross income from the activity also includes

capital gains and rents received for the use of

property that is held in connection with the activity.

You can determine gross income from any

not-for-profit activity by subtracting the cost of

goods sold from your gross receipts. However,

if you determine gross income by subtracting

cost of goods sold from gross receipts, you

must do so consistently, and in a manner that

follows generally accepted methods of accounting.

Limit on Deductions

You can no longer claim any miscellaneous itemized deductions. MiscellaCAUTION neous itemized deductions are those

deductions that would have been subject to the

2%-of-adjusted-gross-income limitation. You

can still claim certain expenses as itemized deductions on Schedule A (Form 1040).

!

Deductions you can take for personal as

well as for business activities are allowed in full.

For individuals, all nonbusiness deductions,

such as those for home mortgage interest,

taxes, and casualty losses, may also be deducted. Deduct them on the appropriate lines of

Schedule A (Form 1040).

For the limits that apply to home mortgage

interest, see Pub. 936.

Generally, you can deduct a casualty loss

on property you own for personal use only to

the extent each casualty loss is more than

$100, and the total of all casualty losses exceeds 10% of your adjusted gross income

(AGI). See Pub. 547 for more information on

casualty losses.

Deducting Business Expenses

Page 7

Disaster tax relief. For personal casualty

losses resulting from federally declared disasters that occurred before 2018, you may be entitled to disaster tax relief. As a result, you may

be required to figure your casualty loss differently. For tax years beginning after 2017, casualty and theft losses are allowed only to the extent it is attributable to a federally declared

disaster. For more information, see Pub. 976,

Disaster Relief.

Partnerships and S corporations. If a partnership or S corporation carries on a

not-for-profit activity, these limits apply at the

partnership or S corporation level. They are reflected in the individual shareholder's or partner's distributive shares.

More than one activity. If you have several

undertakings, each may be a separate activity

or several undertakings may be combined. The

following are the most significant facts and circumstances in making this determination.

• The degree of organizational and economic interrelationship of various undertakings.

• The business purpose that is (or might be)

served by carrying on the various undertakings separately or together in a business or investment setting.

• The similarity of the undertakings.

The IRS will generally accept your characterization if it is supported by facts and circumstances.

If you are carrying on two or more dif-

TIP ferent activities, keep the deductions

and income from each one separate.

Figure separately whether each is a

not-for-profit activity. Then figure the limit on deductions and losses separately for each activity

that is not for profit.

2.

Employees' Pay

What's New

The COVID-19 related credit for qualified

sick and family leave wages is limited to

leave taken after March 31, 2020, and before October 1, 2021. Generally, the credit

for qualified sick and family leave wages, as

enacted under the Families First Coronavirus

Response Act (FFCRA) and amended and extended by the COVID-related Tax Relief Act of

2020, for leave taken after March 31, 2020, and

before April 1, 2021, and the credit for qualified

sick and family leave wages under sections

3131, 3132, and 3133 of the Internal Revenue

Code, as enacted under the American Rescue

Plan Act of 2021 (the ARP), for leave taken after

March 31, 2021, and before October 1, 2021,

have expired. However, employers that pay

Page 8

Chapter 2

Employees' Pay

qualified sick and family leave wages in 2022

for leave taken after March 31, 2020, and before October 1, 2021, are eligible to claim a

credit for qualified sick and family leave wages

in 2022. For more information about the credit

for qualified sick and family leave wages, go to

IRS.gov/PLC.

The COVID-19 related employee retention

credit has expired. The employee retention

credit enacted under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and

amended and extended by the Taxpayer Certainty and Disaster Tax Relief Act of 2020 was

limited to qualified wages paid after March 12,

2020, and before July 1, 2021. The employee

retention credit under section 3134 of the Internal Revenue Code, as enacted by the ARP and

amended by the Infrastructure Investment and

Jobs Act, was limited to wages paid after June

30, 2021, and before October 1, 2021, unless

the employer was a recovery startup business.

An employer that was a recovery startup business could also claim the employee retention

credit for wages paid after September 30, 2021,

and before January 1, 2022.

Credit for COBRA premium assistance payments is limited to periods of coverage beginning on or after April 1, 2021, through

periods of coverage beginning on or before

September 30, 2021. Section 9501 of the

ARP provides for COBRA premium assistance

in the form of a full reduction in the premium

otherwise payable by certain individuals and

their families who elect COBRA continuation

coverage due to a loss of coverage as the result

of a reduction in hours or an involuntary termination of employment (assistance eligible individuals). This COBRA premium assistance is

available for periods of coverage beginning on

or after April 1, 2021, through periods of coverage beginning on or before September 30,

2021. A premium payee is entitled to the COBRA premium assistance credit at the time an

eligible individual elects coverage. Therefore,

due to the COBRA notice and election period

requirements (generally, employers have 60

days to provide notice and assistance eligible

individuals have 60 days to elect coverage),

some employers may be eligible to claim the

COBRA premium assistance credit on employment tax returns for the first quarter of 2022.

Advance payment of COVID-19 credits

ended. Although you may pay qualified sick

and family leave wages in 2022 for leave taken

after March 31, 2020, and before October 1,

2021, or provide COBRA premium assistance

payments in 2022, you may no longer request

an advance payment of any credit on Form

7200, Advance Payment of Employer Credits

Due to COVID-19.

Introduction

You can generally deduct the amount you pay

your employees for the services they perform.

The pay may be in cash, property, or services. It

may include wages, salaries, bonuses, commissions, or other noncash compensation such as

vacation allowances and fringe benefits. For information about deducting employment taxes,

see chapter 5.

You may be able to claim employment

TIP credits, such as the credits listed be-

low, if you meet certain requirements.

You must reduce your deduction for employee

wages by the amount of employment credits

that you claim. For more information about

these credits, see the instructions for the form

on which the credit is claimed.

• Work opportunity credit (Form 5884).

• Empowerment zone employment credit

(Form 8844).

• Credit for employer differential wage payments (Form 8932).

• Employer credit for paid family and medical leave (Form 8994).

Topics

This chapter discusses:

• Tests for deducting pay

• Kinds of pay

Useful Items

You may want to see:

Publication

15

15

Employer's Tax Guide

15-A Employer's Supplemental Tax Guide

15-A

15-B Employer's Tax Guide to Fringe

Benefits

15-B

Form (and Instructions)

1099-NEC Nonemployee Compensation

1099-NEC

W-2 Wage and Tax Statement

W-2

See chapter 12 for information about getting

publications and forms.

Tests for Deducting Pay

To be deductible, your employees' pay must be

an ordinary and necessary business expense

and you must pay or incur it. These and other

requirements that apply to all business expenses are explained in chapter 1.

In addition, the pay must meet both of the

following tests.

• Test 1. It must be reasonable.

• Test 2. It must be for services performed.

The form or method of figuring the pay doesn't

affect its deductibility. For example, bonuses

and commissions based on sales or earnings,

and paid under an agreement made before the

services were performed, are both deductible.

Test 1—Reasonableness

You must be able to prove that the pay is reasonable. Whether the pay is reasonable depends on the circumstances that existed when

you contracted for the services, not those that

exist when reasonableness is questioned. If the

pay is excessive, the excess pay is disallowed

as a deduction.

Factors to consider. Determine the reasonableness of pay by the facts and circumstances.

Generally, reasonable pay is the amount that a

similar business would pay for the same or similar services.

To determine if pay is reasonable, also consider the following items and any other pertinent

facts.

• The duties performed by the employee.

• The volume of business handled.

• The character and amount of responsibility.

• The complexities of your business.

• The amount of time required.

• The cost of living in the locality.

• The ability and achievements of the individual employee performing the service.

• The pay compared with the gross and net

income of the business, as well as with distributions to shareholders if the business is

a corporation.

• Your policy regarding pay for all your employees.

• The history of pay for each employee.

Compensation in excess of $1 million. Publicly held corporations can't deduct compensation to a “covered employee” to the extent that

the compensation for the tax year exceeds $1

million. For more information, including the definition of a “covered employee,” see the Instructions for Form 1125-E and Regulations section

1.162-33.

Test 2—For Services

Performed

You must be able to prove the payment was

made for services actually performed.

Employee-shareholder salaries. If a corporation pays an employee who is also a shareholder a salary that is unreasonably high considering the services actually performed, the

excessive part of the salary may be treated as a

constructive dividend to the employee-shareholder. The excessive part of the salary

wouldn't be allowed as a salary deduction by

the corporation. For more information on corporate distributions to shareholders, see Pub. 542.

Kinds of Pay

Some of the ways you may provide pay to your

employees in addition to regular wages or salaries are discussed next. For specialized and detailed information on employees' pay and the

employment tax treatment of employees' pay,

see Pubs. 15, 15-A, and 15-B.

Awards

You can generally deduct amounts you pay to

your employees as awards, whether paid in

cash or property. If you give property to an employee as an employee achievement award,

your deduction may be limited.

Achievement awards. An achievement award

is an item of tangible personal property that

meets all the following requirements.

• It is given to an employee for length of

service or safety achievement.

• It is awarded as part of a meaningful pre-

sentation.

• It is awarded under conditions and circumstances that don't create a significant likelihood of disguised pay.

Tangible personal property. An award

isn't an item of tangible personal property if it is

an award of cash, cash equivalents, gift cards,

gift coupons, or gift certificates (other than arrangements granting only the right to select and

receive tangible personal property from a limited assortment of items preselected or preapproved by you). Also, tangible personal property doesn't include vacations, meals, lodging,

tickets to theater or sporting events, stocks,

bonds, other securities, and other similar items.

Length-of-service award. An award will

qualify as a length-of-service award only if either of the following applies.

• The employee receives the award after

their first 5 years of employment.

• The employee didn't receive another

length-of-service award (other than one of

very small value) during the same year or

in any of the prior 4 years.

Safety achievement award. An award for

safety achievement will qualify as an achievement award unless one of the following applies.

1. It is given to a manager, administrator,

clerical employee, or other professional

employee.

2. During the tax year, more than 10% of

your employees, excluding those listed in

(1), have already received a safety achievement award (other than one of very

small value).

Deduction limit. Your deduction for the

cost of employee achievement awards given to

any one employee during the tax year is limited

to the following.

• $400 for awards that aren't qualified plan

awards.

• $1,600 for all awards, whether or not qualified plan awards.

A qualified plan award is an achievement

award given as part of an established written

plan or program that doesn't favor highly compensated employees as to eligibility or benefits.

A highly compensated employee is an employee who meets either of the following tests.

1. The employee was a 5% owner at any

time during the year or the preceding year.

2. The employee received more than

$130,000 in pay for the preceding year.

You can choose to ignore test (2) if the employee wasn't also in the top 20% of employees

when ranked by pay for the preceding year.

An award isn't a qualified plan award if the

average cost of all the employee achievement

awards given during the tax year (that would be

qualified plan awards except for this limit) is

more than $400. To figure this average cost, ignore awards of nominal value.

Deduct achievement awards, up to the maximum amounts listed earlier, as a nonwage

business expense on your return or business

schedule.

You may not owe employment taxes on

TIP the value of some achievement awards

15-B.

you provide to an employee. See Pub.

Bonuses

You can generally deduct a bonus paid to an

employee if you intended the bonus as additional pay for services, not as a gift, and the

services were performed. However, the total

bonuses, salaries, and other pay must be reasonable for the services performed. If the bonus

is paid in property, see Property, later.

Gifts of nominal value. If, to promote employee goodwill, you distribute merchandise of

nominal value or other de minimis items to your

employees at holidays, you can deduct the cost

of these items as a nonwage business expense. See Pub. 15-B for additional information

on de minimis fringe benefits. If you provide

food to your employees, your business deduction may be limited; see Meals and lodging,

later.

Education Expenses

If you pay or reimburse education expenses for

an employee, you can deduct the payments if

they are part of a qualified educational assistance program. Deduct them on the “Employee

benefit programs” or other appropriate line of

your tax return. For information on educational

assistance programs, see Educational Assistance in section 2 of Pub. 15-B.

Section 2206 of the CARES Act ex-

TIP pands the definition of educational as-

sistance to include certain employer

payments of student loans paid after March 27,

2020. The exclusion applies to the payment by

an employer, whether paid to the employee or

to a lender, of principal or interest on any qualified education loan incurred by the employee

for the education of the employee. Qualified education loans are defined in chapter 10 of Pub.

970. This exclusion expires January 1, 2026,

unless extended by future legislation.

Fringe Benefits

A fringe benefit is a form of pay for the performance of services. You can generally deduct the

cost of fringe benefits.

You may be able to exclude all or part of the

value of some fringe benefits from your employees' pay. You also may not owe employment

taxes on the value of the fringe benefits. See

Table 2-1 in Pub. 15-B for details.

Generally, no deduction is allowed for activities generally considered entertainment,

amusement, or recreation, or for a facility used

in connection with such activity. However, you

may deduct these expenses if the goods, services, or facilities are treated as compensation to

the recipient and reported on Form W-2 for an

employee or on Form 1099-NEC for an independent contractor. If the recipient is an officer,

director, beneficial owner (directly or indirectly),

or other “specified individual” (as defined in

Chapter 2

Employees' Pay

Page 9

section 274(e)(2)(B) and Regulations section

1.274-9(b)), special rules apply. See section

274(e)(2) and Regulations sections 1.274-9 and

1.274-10.

Certain fringe benefits are discussed next.

See Pub. 15-B for more details on these and

other fringe benefits.

Meals and lodging. Generally, you can deduct 50% of certain meal expenses and 100%

of certain lodging expenses provided to your

employees. If the amounts are deductible, deduct the cost in whatever category the expense

falls.

Deduction limit on meals. You can generally deduct only 50% of the cost of furnishing

meals to your employees. However, you can

deduct the full cost of certain meals; see section 274(n)(2) and Regulations section

1.274-12(c) for more information. For example,

you can deduct the full cost of the following

meals.

• Meals whose value you include in an employee's wages.

• Meals you furnish to your employees as

part of the expense of providing recreational or social activities, such as holiday

parties or annual picnics, when made primarily for the benefit of your employees

other than employees who are officers,

shareholders or other owners who own a

10% or greater interest in your business, or

other highly compensated employees.

• Meals you furnish to your employees at the

work site when you operate a restaurant or

catering service.

• Meals you’re required by federal law to furnish to crew members of certain commercial vessels (or would be required to furnish if the vessels were operated at sea).

This doesn't include meals you furnish on

vessels primarily providing luxury water

transportation.

• Meals you furnish on an oil or gas platform

or drilling rig located offshore or in Alaska.

This includes meals you furnish at a support camp that is near and integral to an oil

or gas drilling rig located in Alaska.

P.L. 115-97, Tax Cuts and Jobs Act,

changed the rules for the deduction of

CAUTION food or beverage expenses that are excludable from employee income as a de minimis fringe benefit. For amounts incurred or paid

after 2017, the 50% limit on deductions for food

or beverage expenses also applies to food or

beverage expenses excludable from employee

income as a de minimis fringe benefit. While

your business deduction may be limited, the

rules that allow you to exclude certain de minimis meals and meals on your business premises from your employee's wages still apply.

See Meals in section 2 of Pub. 15-B.

!

Food and beverage expense incurred together with entertainment expenses. P.L.

115-97 changed the rules for the deduction of

business entertainment expenses. For amounts

incurred or paid after 2017, no business deduction is allowed for any item generally considered to be entertainment, amusement, or recreation. As discussed earlier, you can deduct

50% of the cost of business meals. If food and

Page 10

Chapter 2

Employees' Pay

beverages are provided during or at an entertainment activity, and the food and beverages

are purchased separately from the entertainment, or the cost of the food and beverages is

stated separately from the cost of the entertainment on one or more bills, invoices, or receipts,

you may continue to deduct 50% of the business meal expenses. The amount charged for

food or beverages on a bill, invoice, or receipt

must reflect the venue's usual selling cost for

those items if they were to be purchased separately from the entertainment or must approximate the reasonable value of those items. If you

purchase food and beverages together with entertainment expenses and the cost of the food

and beverages isn't stated separately on the invoice, the cost of the food and beverages is

also an entertainment expense and none of the

expenses are deductible. For more information,

including details about additional requirements

that must be met for a business meal to be deductible, see Regulations sections 1.274-11

and 1.274-12(a).

Section 210 of the Taxpayer Certainty

TIP and Disaster Tax Relief Act of 2020

provides for the temporary allowance

of a 100% business meal deduction for food or

beverages provided by a restaurant and paid or

incurred after December 31, 2020, and before

January 1, 2023. For more information, see Notice 2021-25, 2021-17 I.R.B. 1118, available at

IRS.gov/irb/2021-17_IRB#NOT-2021-25; and

Notice 2021-63, 2021-49 I.R.B. 835, available

at IRS.gov/irb/2021-49_IRB#NOT-2021-63.

Transportation (commuting) benefits. If

you provide your employees with qualified

transportation benefits, such as transportation

in a commuter highway vehicle, transit passes,

or qualified parking, you may no longer deduct

these amounts. P.L. 115-97 provides that no

deduction is allowed for qualified transportation

benefits (whether provided directly by you,

through a bona fide reimbursement arrangement, or through a compensation reduction

agreement) incurred or paid after 2017. Also,

no deduction is allowed for any expense incurred for providing any transportation, or any payment or reimbursement to your employee, in

connection with travel between your employee's

residence and place of employment, except as

necessary for ensuring the safety of your employee or for qualified bicycle commuting reimbursements as described in section 132(f)(5)

(F). While you may no longer deduct payments

for qualified transportation benefits, the fringe

benefit exclusion rules still apply and the payments, except for qualified bicycle commuting

reimbursements, may be excluded from your

employee's wages. Although the value of a

qualified transportation fringe benefit is relevant

in determining the fringe benefit exclusion and

whether the section 274(e)(2) exception for expenses treated as compensation applies, the

deduction that is disallowed relates to the expense of providing a qualified transportation

fringe, not its value. For more information, see

Regulations sections 1.274-13 and 1.274-14.

See Pub. 15-B for more information about qualified transportation benefits.

Employee benefit programs. Employee benefit programs include the following.

• Accident and health plans.

• Adoption assistance.

• Cafeteria plans.

• Dependent care assistance.

• Education assistance.

• Life insurance coverage.

• Welfare benefit funds.

You can generally deduct amounts you

spend on employee benefit programs on the

applicable line of your tax return. For example,

if you provide dependent care by operating a

dependent care facility for your employees, deduct your costs in whatever categories they fall

(utilities, salaries, etc.).

Life insurance coverage. You can't deduct the cost of life insurance coverage for you,

an employee, or any person with a financial interest in your business if you’re directly or indirectly the beneficiary of the policy. See Regulations section 1.264-1 for more information.

Welfare benefit funds. A welfare benefit

fund is a funded plan (or a funded arrangement

having the effect of a plan) that provides welfare

benefits to your employees, independent contractors, or their beneficiaries. Welfare benefits

are any benefits other than deferred compensation or transfers of restricted property.

Your deduction for contributions to a welfare

benefit fund is limited to the fund's qualified cost

for the tax year. If your contributions to the fund

are more than its qualified cost, carry the excess over to the next tax year.

Generally, the fund's “qualified cost” is the

total of the following amounts, reduced by the

after-tax income of the fund.

• The cost you would’ve been able to deduct

using the cash method of accounting if you

had paid for the benefits directly.

• The contributions added to a reserve account that are needed to fund claims incurred but not paid as of the end of the year.

These claims can be for supplemental unemployment benefits, severance pay, or

disability, medical, or life insurance benefits.

For more information, see sections 419(c)

and 419A and the related regulations.

Loans or Advances

You can generally deduct as wages an advance

you make to an employee for services to be

performed if you don't expect the employee to

repay the advance. However, if the employee

performs no services, treat the amount you advanced as a loan; if the employee doesn't repay

the loan, treat it as income to the employee.

Below-market interest rate loans. On certain loans you make to an employee or shareholder, you’re treated as having received interest income and as having paid compensation or

dividends equal to that interest. See Below-Market Loans in chapter 4.

Property

If you transfer property (including your company's stock) to an employee as payment for services, you can generally deduct it as wages. The

amount you can deduct is the property's fair

market value (FMV) on the date of the transfer

less any amount the employee paid for the

property.

You can claim the deduction only for the tax

year in which your employee includes the property's value in their income. Your employee is

deemed to have included the value in their income if you report it on their Form W-2 in a

timely manner.

You treat the deductible amount as received

in exchange for the property, and you must recognize any gain or loss realized on the transfer,

unless it is the company's stock transferred as

payment for services. Your gain or loss is the

difference between the FMV of the property and

its adjusted basis on the date of transfer.

These rules also apply to property transferred to an independent contractor for services,

generally reported on Form 1099-NEC.

Restricted property. If the property you

transfer for services is subject to restrictions

that affect its value, you generally can't deduct it

and don't report gain or loss until it is substantially vested in the recipient. However, if the recipient pays for the property, you must report

any gain at the time of the transfer up to the

amount paid.

“Substantially vested” means the property

isn't subject to a substantial risk of forfeiture.

This means that the recipient isn't likely to have

to give up their rights in the property in the future.

Reimbursements for

Business Expenses

You can generally deduct the amount you pay

or reimburse employees for business expenses

incurred for your business. However, your deduction may be limited.

If you make the payment under an accountable plan, deduct it in the category of the expense paid. For example, if you pay an employee for travel expenses incurred on your

behalf, deduct this payment as a travel expense. If you make the payment under a nonaccountable plan, deduct it as wages and include

it on the employee's Form W-2.

See Reimbursement of Travel and Non-Entertainment Related Meals in chapter 11 for

more information about deducting reimbursements and an explanation of accountable and

nonaccountable plans.

cation leave. You can deduct vacation pay only

in the tax year in which the employee actually

receives it. This rule applies regardless of

whether you use the cash or accrual method of

accounting.

3.

Rent Expense

Introduction

This chapter discusses the tax treatment of rent

or lease payments you make for property you

use in your business but do not own. It also discusses how to treat other kinds of payments

you make that are related to your use of this

property. These include payments you make for

taxes on the property.

Topics

This chapter discusses:

•

•

•

•

•

The definition of rent

Taxes on leased property

The cost of getting a lease

Improvements by the lessee

Capitalizing rent expenses

Useful Items

You may want to see:

Publication

538 Accounting Periods and Methods

538

544 Sales and Other Dispositions of

Assets

Rent paid in advance. Generally, rent paid for

use of property in your trade or business is deductible in the year paid or incurred. If you are

an accrual method taxpayer and pay rent in advance, you can deduct only the amount of rent

that applies to your use of rented property during the tax year. You can deduct the rest of the

rent payment only over the period to which it

applies. If you are a cash method taxpayer, you

may deduct the entire amount of rent you paid

in advance in the year of payment if the payment applies to the right to use property that

does not extend beyond the earlier of 12

months after the first date you have the right to

use the property or the end of the tax year following the year in which you paid the advance

rent. If your payment applies to the right to use

property beyond this period, then you must capitalize the rent payment and deduct it over the

period to which it applies.

Example 1. You are an accrual method

calendar year taxpayer and you lease a building

at a monthly rental rate of $1,000 beginning

July 1, 2022. On June 30, 2022, you pay advance rent of $12,000 for the last 6 months of

2022 and the first 6 months of 2023. You can

deduct only $6,000 for 2022, for the right to use

property in 2022. You deduct the other $6,000

in 2023.

Example 2. Assume the same facts as Example 1, except you are a cash method calendar year taxpayer. You may deduct the entire

$12,000 payment for 2022. The payment applies to your right to use the property that does

not extend beyond 12 months after the date you

received this right. If you deduct the $12,000 in

2022, you should not deduct any part of this

payment in 2023.

544

946 How To Depreciate Property

946

See chapter 12 for information about getting

publications and forms.

Rent

Rent is any amount you pay for the use of property you do not own. In general, you can deduct

rent as an expense only if the rent is for property you use in your trade or business. If you

have or will receive equity in or title to the property, the rent is not deductible.

Sick pay. You can deduct amounts you pay to

your employees for sickness and injury, including lump-sum amounts, as wages. However,

your deduction is limited to amounts not compensated by insurance or other means.

Unreasonable rent. You can’t take a rental

deduction for unreasonable rent. Ordinarily, the

issue of reasonableness arises only if you and

the lessor are related. Rent paid to a related

person is reasonable if it is the same amount

you would pay to a stranger for use of the same

property. Rent isn’t unreasonable just because

it is figured as a percentage of gross sales. For

examples of related persons, see Related persons in chapter 2 of Pub. 544.

Vacation pay. Vacation pay is an employee

benefit. It includes amounts paid for unused va-

Rent on your home. If you rent your home

and use part of it as your place of business, you

Sick and Vacation Pay

may be able to deduct the rent you pay for that

part. You must meet the requirements for business use of your home. For more information,

see Business use of your home in chapter 1.

Example 3. You are either a cash or accrual calendar year taxpayer. Last January, you

leased property for 3 years for $6,000 per year.

You pay the full $18,000 (3 x $6,000) during the

first year of the lease. Because this amount is a

prepaid expense that must be capitalized, you

can deduct only $6,000 per year, the amount allocable to your use of the property in each year.

Canceling a lease. You can generally deduct

as rent an amount you pay to cancel a business

lease.

Lease or purchase. There may be instances

in which you must determine whether your payments are for rent or for the purchase of the

property. You must first determine whether your

agreement is a lease or a conditional sales contract. Payments made under a conditional sales

contract are not deductible as rent expense.

Conditional sales contract. Whether an

agreement is a conditional sales contract depends on the intent of the parties. Determine intent based on the provisions of the agreement

and the facts and circumstances that exist

when you make the agreement. No single test,

or special combination of tests, always applies.

However, in general, an agreement may be

Chapter 3

Rent Expense

Page 11

considered a conditional sales contract rather

than a lease if any of the following is true.

• The agreement applies part of each payment toward an equity interest you will receive.

• You get title to the property after you make

a stated amount of required payments.

• The amount you must pay to use the property for a short time is a large part of the

amount you would pay to get title to the

property.

• You pay much more than the current fair

rental value of the property.

• You have an option to buy the property at a

nominal price compared to the value of the

property when you may exercise the option. Determine this value when you make

the agreement.

• You have an option to buy the property at a

nominal price compared to the total

amount you have to pay under the agreement.

• The agreement designates part of the payments as interest, or that part is easy to

recognize as interest.

Leveraged leases. Leveraged lease transactions may not be considered leases. Leveraged leases generally involve three parties: a

lessor, a lessee, and a lender to the lessor.

Usually, the lease term covers a large part of

the useful life of the leased property, and the

lessee's payments to the lessor are enough to

cover the lessor's payments to the lender.

If you plan to take part in what appears to be

a leveraged lease, you may want to get an advance ruling.

• Revenue Procedure 2001-28 contains the

guidelines the IRS will use to determine if a

leveraged lease is a lease for federal income tax purposes.

• Revenue Procedure 2001-29 provides the

information required to be furnished in a

request for an advance ruling on a leveraged lease transaction.

These two revenue procedures can be found in

I.R.B. 2001-19, which is available at

IRS.gov/pub/irs-irbs/irb01-19.pdf.

For advance ruling purposes only, the IRS

will consider the lessor in a leveraged lease

transaction to be the owner of the property and

the transaction to be a valid lease if all the factors in the revenue procedure are met, including

the following.

• The lessor must maintain a minimum unconditional “at risk” equity investment in

the property (at least 20% of the cost of the

property) during the entire lease term.

• The lessee may not have a contractual

right to buy the property from the lessor at

less than FMV when the right is exercised.

• The lessee may not invest in the property,

except as provided by Revenue Procedure

2001-28.

• The lessee may not lend any money to the

lessor to buy the property or guarantee the

loan used by the lessor to buy the property.

• The lessor must show that it expects to receive a profit apart from the tax deductions, allowances, credits, and other tax attributes.

Page 12

Chapter 3

Rent Expense

The IRS may charge you a user fee for issuing a tax ruling. For more information, see Revenue Procedure 2022-1, available at

IRS.gov/irb/2022-01_IRB#REV-PROC-2022-1.

The liability and amount of taxes are determined by state or local law and the lease agreement. Economic performance occurs as you

use the property.

Leveraged leases of limited-use property. The IRS won’t issue advance rulings on

leveraged leases of so-called limited-use property. Limited-use property is property not expected to be either useful to or usable by a lessor at the end of the lease term except for

continued leasing or transfer to a lessee. See

Revenue Procedure 2001-28 for examples of

limited-use property and property that isn’t limited-use property.

Example 1. Oak Corporation is a calendar

year taxpayer that uses an accrual method of

accounting. Oak leases land for use in its business. Under state law, owners of real property

become liable (incur a lien on the property) for

real estate taxes for the year on January 1 of

that year. However, they don’t have to pay

these taxes until July 1 of the next year (18

months later) when tax bills are issued. Under

the terms of the lease, Oak becomes liable for

the real estate taxes in the later year when the

tax bills are issued. If the lease ends before the

tax bill for a year is issued, Oak isn’t liable for

the taxes for that year.

Oak cannot deduct the real estate taxes as

rent until the tax bill is issued. This is when

Oak's liability under the lease becomes fixed.

Leases over $250,000. Special rules are provided for certain leases of tangible property.

The rules apply if the lease calls for total payments of more than $250,000 and any of the following apply.

• Rents increase during the lease.

• Rents decrease during the lease.

• Rents are deferred (rent is payable after

the end of the calendar year following the

calendar year in which the use occurs and

the rent is allocated).

• Rents are prepaid (rent is payable before

the end of the calendar year preceding the

calendar year in which the use occurs and

the rent is allocated).

These rules do not apply if your lease specifies

equal amounts of rent for each month in the

lease term and all rent payments are due in the

calendar year to which the rent relates (or in the

preceding or following calendar year).

Generally, if the special rules apply, you

must use an accrual method of accounting (and

time value of money principles) for your rental

expenses, regardless of your overall method of

accounting. In addition, in certain cases in

which the IRS has determined that a lease was

designed to achieve tax avoidance, you must

take rent and stated or imputed interest into account under a constant rental accrual method in

which the rent is treated as accruing ratably

over the entire lease term. For details, see section 467.

Taxes on

Leased Property

If you lease business property, you can deduct

as additional rent any taxes you have to pay to

or for the lessor. When you can deduct these

taxes as additional rent depends on your accounting method.

Cash method. If you use the cash method of

accounting, you can deduct the taxes as additional rent only for the tax year in which you pay

them.

Accrual method. If you use an accrual

method of accounting, you can deduct the

taxes as additional rent for the tax year in which

you can determine all the following.

• That you have a liability for taxes on the

leased property.

• How much the liability is.

• That economic performance occurred.

Example 2. The facts are the same as in

Example 1, except that, according to the terms

of the lease, Oak becomes liable for the real estate taxes when the owner of the property becomes liable for them. As a result, Oak will deduct the real estate taxes as rent on its tax

return for the earlier year. This is the year in

which Oak's liability under the lease becomes

fixed.

Cost of Getting a Lease

You may either enter into a new lease with the

lessor of the property or get an existing lease

from another lessee. Very often when you get

an existing lease from another lessee, you must

pay the previous lessee money to get the lease,

besides having to pay the rent on the lease.

If you get an existing lease on property or

equipment for your business, you must generally amortize any amount you pay to get that

lease over the remaining term of the lease. For

example, if you pay $10,000 to get a lease and

there are 10 years remaining on the lease with

no option to renew, you can deduct $1,000

each year.

The cost of getting an existing lease of tangible property is not subject to the amortization

rules for section 197 intangibles discussed in

chapter 8.

Option to renew. The term of the lease for

amortization includes all renewal options plus

any other period for which you and the lessor

reasonably expect the lease to be renewed.

However, this applies only if less than 75% of

the cost of getting the lease is for the term remaining on the purchase date (not including

any period for which you may choose to renew,

extend, or continue the lease). Allocate the

lease cost to the original term and any option

term based on the facts and circumstances. In

some cases, it may be appropriate to make the

allocation using a present value calculation. For

more information, see Regulations section

1.178-1(b)(5).

Example 1. You paid $10,000 to get a

lease with 20 years remaining on it and two options to renew for 5 years each. Of this cost,

you paid $7,000 for the original lease and

$3,000 for the renewal options. Because

$7,000 is less than 75% of the total $10,000

cost of the lease (or $7,500), you must amortize

the $10,000 over 30 years. That is the remaining life of your present lease plus the periods for

renewal.

Example 2. The facts are the same as in

Example 1, except that you paid $8,000 for the

original lease and $2,000 for the renewal options. You can amortize the entire $10,000 over

the 20-year remaining life of the original lease.

The $8,000 cost of getting the original lease

was not less than 75% of the total cost of the

lease (or $7,500).

Cost of a modification agreement. You may

have to pay an additional “rent” amount over

part of the lease period to change certain provisions in your lease. You must capitalize these

payments and amortize them over the remaining period of the lease. You can’t deduct the

payments as additional rent, even if they are

described as rent in the agreement.

Example. You are a calendar year taxpayer and sign a 20-year lease to rent part of a

building starting on January 1. However, before

you occupy it, you decide that you really need

less space. The lessor agrees to reduce your

rent from $7,000 to $6,000 per year and to release the excess space from the original lease.

In exchange, you agree to pay an additional

rent amount of $3,000, payable in 60 monthly

installments of $50 each.

You must capitalize the $3,000 and amortize

it over the 20-year term of the lease. Your amortization deduction each year will be $150

($3,000 ÷ 20). You can’t deduct the $600 (12 ×

$50) that you will pay during each of the first 5

years as rent.

Commissions, bonuses, and fees. Commissions, bonuses, fees, and other amounts you

pay to get a lease on property you use in your

business are capital costs. You must amortize

these costs over the term of the lease.

Loss on merchandise and fixtures. If you

sell at a loss merchandise and fixtures that you

bought solely to get a lease, the loss is a cost of

getting the lease. You must capitalize the loss

and amortize it over the remaining term of the

lease.

Improvements

by Lessee

If you add buildings or make other permanent

improvements to leased property, depreciate

the cost of the improvements using the modified

accelerated cost recovery system (MACRS).

Depreciate the property over its appropriate recovery period. You can’t amortize the cost over

the remaining term of the lease.

If you don’t keep the improvements when

you end the lease, figure your gain or loss

based on your adjusted basis in the improvements at that time.

For more information, see the discussion of

MACRS in chapter 4 of Pub. 946.

Assignment of a lease. If a long-term lessee

who makes permanent improvements to land

later assigns all lease rights to you for money

and you pay the rent required by the lease, the

amount you pay for the assignment is a capital

investment. If the rental value of the leased land

increased since the lease began, part of your

capital investment is for that increase in the

rental value. The rest is for your investment in

the permanent improvements.

The part that is for the increased rental value

of the land is a cost of getting a lease, and you

amortize it over the remaining term of the lease.

You can depreciate the part that is for your investment in the improvements over the recovery period of the property as discussed earlier,

without regard to the lease term.

Capitalizing

Rent Expenses

Under the uniform capitalization rules, you must

capitalize the direct costs and part of the indirect costs for certain production or resale activities. Include these costs in the basis of property

you produce or acquire for resale, rather than

claiming them as a current deduction. You recover the costs through depreciation, amortization, or cost of goods sold when you use, sell,

or otherwise dispose of the property.

Indirect costs include amounts incurred for

renting or leasing equipment, facilities, or land.

Uniform capitalization rules. You may be

subject to the uniform capitalization rules if you

do any of the following, unless the property is

produced for your use other than in a business

or an activity carried on for profit.

1. Produce real property or tangible personal

property.

Example 2. You rent space in a facility to

conduct your business of manufacturing tools. If

you are subject to the uniform capitalization

rules, you must include the rent you paid to occupy the facility in the cost of the tools you produce.

More information. For exceptions and more

information on these rules, see Uniform Capitalization Rules in Pub. 538 and the regulations

under section 263A.

4.

Interest

Introduction

This chapter discusses the tax treatment of

business interest expense. Business interest

expense is an amount charged for the use of

money you borrowed for business activities.

Topics

This chapter discusses:

•

•

•

•

•

•

•

Allocation of interest

Interest expense limitation

Interest you can deduct

Interest you cannot deduct

Capitalization of interest

When to deduct interest

Below-market loans

Useful Items

You may want to see:

Publication

537 Installment Sales

537

2. Acquire property for resale. However, this

rule does not apply to personal property if

your average annual gross receipts are

$27 million or less.

Effective for tax years beginning after 2017,

if you are a small business taxpayer (see Cost

of Goods Sold in chapter 1), you are not required to capitalize costs under section 263A.

See section 263A(i).

Producing property. You produce property if you construct, build, install, manufacture,

develop, improve, create, raise, or grow the

property. Property produced for you under a

contract is treated as produced by you to the

extent you make payments or otherwise incur

costs in connection with the property.

Example 1. You rent construction equipment to build a storage facility. If you are subject to the uniform capitalization rules, you must

capitalize as part of the cost of the building the

rent you paid for the equipment. You recover

your cost by claiming a deduction for

depreciation on the building.

550 Investment Income and Expenses

550

936 Home Mortgage Interest Deduction

936

Form (and Instructions)

Schedule A (Form 1040) Itemized

Deductions

Schedule A (Form 1040)

Schedule E (Form 1040) Supplemental

Income and Loss

Schedule E (Form 1040)

Schedule K-1 (Form 1065) Partner's

Share of Income,

Deductions, Credits, etc.

Schedule K-1 (Form 1065)

Schedule K-1 (Form 1120-S)

Shareholder's Share of Income,

Deductions, Credits, etc.

Schedule K-1 (Form 1120-S)

1098 Mortgage Interest Statement

1098

3115 Application for Change in

Accounting Method

3115

4952 Investment Interest Expense

Deduction

4952

8582 Passive Activity Loss Limitations

8582

Chapter 4

Interest

Page 13

8990 Limitation on Business Interest

Expense Under Section 163(j)

8990

See chapter 12 for information about getting

publications and forms.

Allocation of Interest

The rules for deducting interest vary, depending

on whether the loan proceeds are used for business, personal, or investment activities. If you

use the proceeds of a loan for more than one

type of expense, you must allocate the interest

based on the use of the loan's proceeds.

Allocate your interest expense to the following categories.

• Nonpassive trade or business activity interest.

• Passive trade or business activity interest.

• Investment interest.

• Portfolio interest.

• Personal interest.

In general, you allocate interest on a loan the

same way you allocate the loan proceeds. You

allocate loan proceeds by tracing disbursements to specific uses.

The easiest way to trace disburse-

TIP ments to specific uses is to keep the

proceeds of a particular loan separate

from any other funds.

Secured loan. The allocation of loan proceeds

and the related interest is generally not affected

by the use of property that secures the loan.

Example. Celina, a calendar-year taxpayer,

borrows $100,000 on January 4 and immediately uses the proceeds to open a checking account. No other amounts are deposited in the

account during the year and no part of the loan

principal is repaid during the year. On April 2,

Celina uses $20,000 from the checking account

for a passive activity expenditure. On September 4, Celina uses an additional $40,000 from

the account for personal purposes.

Under the interest allocation rules, the entire

$100,000 loan is treated as property held for investment for the period from January 4 through

April 1. From April 2 through September 3, Celina must treat $20,000 of the loan as used in the

passive activity and $80,000 of the loan as

property held for investment. From September

4 through December 31, she must treat

$40,000 of the loan as used for personal purposes, $20,000 as used in the passive activity,

and $40,000 as property held for investment.

Order of funds spent. Generally, you treat

loan proceeds deposited in an account as used

(spent) before either of the following amounts.

• Any unborrowed amounts held in the same

account.

• Any amounts deposited after these loan

proceeds.

Example. On January 9, Olena opened a

checking account, depositing $500 of the proceeds of Loan A and $1,000 of unborrowed

funds. The following table shows the transactions in her account during the tax year.

Date

Example. Marge and Jeff secure a loan

with property used in their business. They use

the loan proceeds to buy an automobile for personal use. Jeff and Marge must allocate interest

expense on the loan to personal use (purchase

of the automobile) even though the loan is secured by business property.

January 9

Transaction

$500 proceeds of Loan A and

$1,000 unborrowed funds

deposited

January 14

$500 proceeds of Loan B

deposited

February 19

$800 used for personal purposes

February 27

$700 used for passive activity

P.L. 115-97, section 11043, limited the

deduction for mortgage interest paid on

CAUTION home equity loans and line of credit.

For more information, see Pub. 936.

June 19

$1,000 proceeds of Loan C

deposited

November 20

$800 used for an investment

December 18

$600 used for personal purposes

Allocation period. The period for which a loan

is allocated to a particular use begins on the

date the proceeds are used and ends on the

earlier of the following dates.

• The date the loan is repaid.

• The date the loan is reallocated to another

use.

Olena treats the $800 used for personal purposes as made from the $500 proceeds of Loan

A and $300 of the proceeds of Loan B. She

treats the $700 used for a passive activity as

made from the remaining $200 proceeds of

Loan B and $500 of unborrowed funds. She

treats the $800 used for an investment as made

entirely from the proceeds of Loan C. She treats

the $600 used for personal purposes as made

from the remaining $200 proceeds of Loan C

and $400 of unborrowed funds.

For the periods during which loan proceeds

are held in the account, Olena treats them as

property held for investment.

!

Proceeds not disbursed to borrower. Even

if the lender disburses the loan proceeds to a

third party, the allocation of the loan is still

based on your use of the funds. This applies

whether you pay for property, services, or anything else by incurring a loan, or you take property subject to a debt.

Proceeds deposited in borrower's account.

Treat loan proceeds deposited in an account as

property held for investment. It does not matter

whether the account pays interest. Any interest

you pay on the loan is investment interest expense. If you withdraw the proceeds of the loan,

you must reallocate the loan based on the use

of the funds.

Page 14

Chapter 4

Interest

Payments from checking accounts.

Generally, you treat a payment from a checking

or similar account as made at the time the

check is written if you mail or deliver it to the

payee within a reasonable period after you write

it. You can treat checks written on the same day

as written in any order.

Amounts paid within 30 days. If you receive loan proceeds in cash or if the loan proceeds are deposited in an account, you can

treat any payment (up to the amount of the proceeds) made from any account you own, or

from cash, as made from those proceeds. This

applies to any payment made within 30 days

before or after the proceeds are received in

cash or deposited in your account.

If the loan proceeds are deposited in an account, you can apply this rule even if the rules

stated earlier under Order of funds spent would

otherwise require you to treat the proceeds as

used for other purposes. If you apply this rule to

any payments, disregard those payments (and

the proceeds from which they are made) when

applying the rules stated earlier under Order of

funds spent.

If you received the loan proceeds in cash,

you can treat the payment as made on the date

you received the cash instead of the date you

actually made the payment.

Example. Giovanni gets a loan of $1,000

on August 4 and receives the proceeds in cash.

Giovanni deposits $1,500 in an account on August 8 and on August 18 writes a check on the

account for a passive activity expense. Also,

Giovanni deposits his paycheck, deposits other

loan proceeds, and pays his bills during the

same period. Regardless of these other transactions, Giovanni can treat $1,000 of the deposit he made on August 8 as being paid on August 4 from the loan proceeds. In addition,

Giovanni can treat the passive activity expense

he paid on August 18 as made from the $1,000

loan proceeds treated as deposited in the account.

Optional method for determining date of

reallocation. You can use the following

method to determine the date loan proceeds

are reallocated to another use. You can treat all

payments from loan proceeds in the account

during any month as taking place on the later of

the following dates.

• The first day of that month.

• The date the loan proceeds are deposited

in the account.

However, you can use this optional method only

if you treat all payments from the account during the same calendar month in the same way.

Interest on a segregated account. If you

have an account that contains only loan proceeds and interest earned on the account, you

can treat any payment from that account as being made first from the interest. When the interest earned is used up, any remaining payments

are from loan proceeds.

Example. You borrowed $20,000 and used

the proceeds of this loan to open a new savings

account. When the account had earned interest

of $867, you withdrew $20,000 for personal purposes. You can treat the withdrawal as coming

first from the interest earned on the account,

$867, and then from the loan proceeds,

$19,133 ($20,000 − $867). All the interest

charged on the loan from the time it was deposited in the account until the time of the withdrawal is investment interest expense. The interest charged on the part of the proceeds used

for personal purposes ($19,133) from the time

you withdrew it until you either repay it or reallocate it to another use is personal interest expense. The interest charged on the loan proceeds you left in the account ($867) continues

to be investment interest expense until you either repay it or reallocate it to another use.

Loan repayment. When you repay any part of

a loan allocated to more than one use, treat it as

being repaid in the following order.

1. Personal use.

2. Investments and passive activities (other

than those included in (3)).

3. Passive activities in connection with a

rental real estate activity in which you actively participate.

4. Former passive activities.

5. Trade or business use and expenses for

certain low-income housing projects.

Line of credit (continuous borrowings). The

following rules apply if you have a line of credit

or similar arrangement.

1. Treat all borrowed funds on which interest

accrues at the same fixed or variable rate

as a single loan.

2. Treat borrowed funds or parts of borrowed

funds on which interest accrues at different fixed or variable rates as different

loans. Treat these loans as repaid in the

order shown on the loan agreement.

Loan refinancing. Allocate the replacement

loan to the same uses to which the repaid loan

was allocated. Make this allocation only to the

extent you use the proceeds of the new loan to

repay any part of the original loan.

Debt-financed distribution. A debt-financed

distribution occurs when a partnership or S corporation borrows funds and allocates those

funds to distributions made to partners or

shareholders. The manner in which you report

the interest expense associated with the distributed debt proceeds depends on your use of

those proceeds.

How to report. If the proceeds were used

in a nonpassive trade or business activity, report the interest on Schedule E (Form 1040),

line 28; enter “interest expense” and the name

of the partnership or S corporation in column (a)

and the amount in column (i). If the proceeds

were used in a passive activity, follow the Instructions for Form 8582 to determine the

amount of interest expense that can be reported on Schedule E (Form 1040), line 28; enter

“interest expense” and the name of the partnership in column (a) and the amount in column

(g). If the proceeds were used in an investment

activity, enter the interest on Form 4952. If the

proceeds are used for personal purposes, the

interest is generally not deductible.

Interest Expense

Limitation

You must generally limit business interest expense you pay or accrue during the tax year,

unless an exception to the limitation is met.

The business interest expense deduction allowed for a tax year is generally limited to the

sum of:

1. Business interest income,

2. 30% of the adjustable taxable income, and

3. Floor plan financing interest.

If the section 163(j) limitation applies, generally the amount of any business interest expense that is not allowed as a deduction under

section 163(j) for the tax year is carried forward

to the following year as a disallowed business

interest expense carryforward. See the Instructions for Form 8990, Limitation on Business Interest Expense Under Section 163(j), for more

information.

Interest You Can Deduct

Your trade or business interest expense may be

limited. See the Instructions for Form 8990 for

more information. Interest relates to your trade

or business if you use the proceeds of the loan

for a trade or business expense. It does not

matter what type of property secures the loan.

You can deduct interest on a debt only if you

meet all the following requirements.

• You are legally liable for that debt.

• Both you and the lender intend that the

debt be repaid.

• You and the lender have a true debtor–

creditor relationship.

Partial liability. If you are liable for part of a

business debt, only your share of the total interest paid or accrued is included in your interest

limitation calculation.

Example. You and your sibling borrow

money. You are liable for 50% of the note. You

use your half of the loan in your business, and

you make one-half of the loan payments. Your

business interest is half of the total interest payments. However, the current year interest expense deduction may be limited.

Mortgage. Generally, mortgage interest paid

or accrued on real estate you own legally or

equitably is deductible. However, rather than

deducting the interest currently, you may have

to add it to the cost basis of the property as explained later under Capitalization of Interest.

Statement. If you paid $600 or more of

mortgage interest (including certain points) during the year on any one mortgage, you will generally receive a Form 1098 or a similar statement. You will receive the statement if you pay

interest to a person (including a financial institution or a cooperative housing corporation) in the

course of that person's trade or business. A

governmental unit is a person for purposes of

furnishing the statement.

If you receive a refund of interest you overpaid in an earlier year, this amount will be reported in box 4 of Form 1098. You cannot deduct

this amount. For information on how to report

this refund, see Refunds of interest, later, in this

chapter.

Expenses paid to obtain a mortgage.

Certain expenses you pay to obtain a mortgage

cannot be deducted as interest. These expenses, which include mortgage commissions, abstract fees, and recording fees, are capital expenses. If the property mortgaged is business

or income-producing property, you can amortize the costs over the life of the mortgage.

Prepayment penalty. If you pay off your

mortgage early and pay the lender a penalty for

doing this, you can deduct the penalty as interest.

Interest on employment tax deficiency. Interest charged on employment taxes assessed

on your business is deductible.

Original issue discount (OID). OID is a form

of interest. A loan (mortgage or other debt) generally has OID when its proceeds are less than

its principal amount. The OID is the difference

between the stated redemption price at maturity

and the issue price of the loan.

A loan's stated redemption price at maturity

is the sum of all amounts (principal and interest)

payable on it other than qualified stated interest. Qualified stated interest is stated interest

that is unconditionally payable in cash or property (other than another loan of the issuer) at

least annually over the term of the loan at a single fixed rate.

You generally deduct OID over the term of

the loan. Figure the amount to deduct each year

using the constant-yield method, unless the

OID on the loan is de minimis.

De minimis OID. The OID is de minimis if it

is less than one-fourth of 1% (0.0025) of the

stated redemption price of the loan at maturity

multiplied by the number of full years from the

date of original issue to maturity (the term of the

loan).

If the OID is de minimis, you can choose one

of the following ways to figure the amount you

can deduct each year.

• On a constant-yield basis over the term of

the loan.

• On a straight-line basis over the term of the

loan.

• In proportion to stated interest payments.

• In its entirety at maturity of the loan.

You make this choice by deducting the OID in a

manner consistent with the method chosen on

your timely filed tax return for the tax year in

which the loan is issued.

Example. On January 1, 2022, you took out

a $100,000 discounted loan and received

$98,500 in proceeds. The loan will mature on

January 1, 2032 (a 10-year term), and the

$100,000 principal is payable on that date. Interest of $10,000 is payable on January 1 of

each year, beginning January 1, 2023. The

$1,500 OID on the loan is de minimis because it

is less than $2,500 ($100,000 × 0.0025 × 10).

You choose to deduct the OID on a straight-line

Chapter 4

Interest

Page 15

basis over the term of the loan. Beginning in

2022, you can deduct $150 each year for 10

years.

Constant-yield method. If the OID is not

de minimis, you must use the constant-yield

method to figure how much you can deduct

each year. You figure your deduction for the first

year using the following steps.

1. Determine the issue price of the loan.

Generally, this equals the proceeds of the

loan. If you paid points on the loan (as discussed later), the issue price is generally

the difference between the proceeds and

the points.

2. Multiply the result in (1) by the yield to maturity.

3. Subtract any qualified stated interest payments from the result in (2). This is the

OID you can deduct in the first year.

To figure your deduction in any subsequent

year, follow the steps above, except determine

the adjusted issue price in step 1. To get the

adjusted issue price, add to the issue price any

OID previously deducted. Then follow steps 2

and 3 above.

The yield to maturity is generally shown in

the literature you receive from your lender. If

you do not have this information, consult your

lender or tax advisor. In general, the yield to

maturity is the discount rate that, when used in

figuring the present value of all principal and interest payments, produces an amount equal to

the principal amount of the loan.

Example. The facts are the same as in the

previous example, except that you deduct the

OID on a constant-yield basis over the term of

the loan. The yield to maturity on your loan is

10.2467%, compounded annually. For 2022,

you can deduct $93 [($98,500 × 0.102467) −

$10,000]. For 2023, you can deduct $103

[($98,593 × 0.102467) − $10,000].

Loan or mortgage ends. If your loan or

mortgage ends, you may be able to deduct any

remaining OID in the tax year in which the loan

or mortgage ends. A loan or mortgage may end

due to a refinancing, prepayment, foreclosure,

or similar event.

If you refinance with the original lender,

you generally cannot deduct the reCAUTION maining OID in the year in which the refinancing occurs, but you may be able to deduct

it over the term of the new mortgage or loan.

See Interest paid with funds borrowed from

original lender under Interest You Cannot Deduct, later.

!

Points. The term “points” is used to describe

certain charges paid, or treated as paid, by a

borrower to obtain a loan or a mortgage. These

charges are also called loan origination fees,

maximum loan charges, discount points, or premium charges. If any of these charges (points)

are solely for the use of money, they are interest.

Because points are prepaid interest, you

generally cannot deduct the full amount in the

year paid. However, you can choose to fully deduct points in the year paid if you meet certain

Page 16

Chapter 4

Interest

tests. For exceptions to the general rule, see

Pub. 936.

The points reduce the issue price of the loan

and result in OID, deductible as explained in the

preceding discussion.

Partial payments on a nontax debt. If you

make partial payments on a debt (other than a

debt owed to the IRS), the payments are applied, in general, first to interest and any remainder to principal. You can deduct only the

interest. This rule does not apply when it can be

inferred that the borrower and lender understood that a different allocation of the payments

would be made.

Installment purchase. If you make an installment purchase of business property, the contract between you and the seller generally provides for the payment of interest. If no interest

or a low rate of interest is charged under the

contract, a portion of the stated principal

amount payable under the contract may be recharacterized as interest (unstated interest).

The amount recharacterized as interest reduces

your basis in the property and increases your

interest expense. For more information on installment sales and unstated interest, see Pub.

537.

Interest You Cannot

Deduct

Certain interest payments cannot be deducted.

In addition, certain other expenses that may

seem to be interest, but are not, cannot be deducted as interest.

You cannot currently deduct interest that

must be capitalized, and you generally cannot

deduct personal interest.

Interest paid with funds borrowed from

original lender. If you use the cash method of

accounting, you cannot deduct interest you pay

with funds borrowed from the original lender

through a second loan, an advance, or any

other arrangement similar to a loan. You can

deduct the interest expense once you start

making payments on the new loan.

When you make a payment on the new loan,

you first apply the payment to interest and then

to the principal. All amounts you apply to the interest on the first loan are deductible, along with

any interest you pay on the second loan, subject to any limits that apply.

Capitalized interest. You cannot currently deduct interest you are required to capitalize under the uniform capitalization rules. See Capitalization of Interest, later. In addition, if you buy

property and pay interest owed by the seller (for

example, by assuming the debt and any interest

accrued on the property), you cannot deduct

the interest. Add this interest to the basis of the

property.

Commitment fees or standby charges. Fees

you incur to have business funds available on a

standby basis, but not for the actual use of the

funds, are not deductible as interest payments.

You may be able to deduct them as business

expenses.

If the funds are for inventory or certain property used in your business, the fees are indirect

costs and you must generally capitalize them

under the uniform capitalization rules. See Capitalization of Interest, later.

Interest on income tax. Interest charged on

income tax assessed on your individual income

tax return is not a business deduction even

though the tax due is related to income from

your trade or business. Treat this interest as a

business deduction only in figuring a net operating loss deduction.

Penalties. Penalties on underpaid deficiencies and underpaid estimated tax are not interest. You cannot deduct them. Generally, you

cannot deduct any fines or penalties.

Interest on loans with respect to life insurance policies. You generally cannot deduct

interest on a debt incurred with respect to any

life insurance, annuity, or endowment contract

that covers any individual unless that individual

is a key person.

If the policy or contract covers a key person,

you can deduct the interest on up to $50,000 of

debt for that person. However, the deduction for

any month cannot be more than the interest figured using Moody's Composite Yield on Seasoned Corporate Bonds (formerly known as

Moody's Corporate Bond Yield Average—Monthly Average Corporates) (Moody's

rate) for that month.

Who is a key person? A “key person” is

an officer or 20% owner. However, the number

of individuals you can treat as key persons is

limited to the greater of the following.

• Five individuals.

• The lesser of 5% of the total officers and

employees of the company or 20 individuals.

Exceptions for pre-June 1997 contracts.

You can generally deduct the interest if the contract was issued before June 9, 1997, and the

covered individual is someone other than an

employee, officer, or someone financially interested in your business. If the contract was purchased before June 21, 1986, you can generally deduct the interest no matter who is

covered by the contract.

Interest allocated to unborrowed policy

cash value. Corporations and partnerships

generally cannot deduct any interest expense

allocable to unborrowed cash values of life insurance, annuity, or endowment contracts. This

rule applies to contracts issued after June 8,

1997, that cover someone other than an officer,

director, employee, or 20% owner. For more information, see section 264(f).

Capitalization of Interest

Under the uniform capitalization rules, you must

generally capitalize interest on debt equal to

your expenditures to produce real property or

certain tangible personal property. The property

must be produced by you for use in your trade

or business or for sale to customers. You cannot capitalize interest related to property that

you acquire in any other manner.

Interest you paid or incurred during the production period must be capitalized if the property produced is designated property. Designated property is any of the following.

• Real property.

• Tangible personal property with a class life

of 20 years or more.

• Tangible personal property with an estimated production period of more than 2

years.

• Tangible personal property with an estimated production period of more than 1 year if

the estimated cost of production is more

than $1 million.

Property you produce. You produce property

if you construct, build, install, manufacture, develop, improve, create, raise, or grow it. Treat

property produced for you under a contract as

produced by you up to the amount you pay or

incur for the property.

Carrying charges. Carrying charges include

taxes you pay to carry or develop real estate or

to carry, transport, or install personal property.

You can choose to capitalize carrying charges

not subject to the uniform capitalization rules if

they are otherwise deductible. For more information, see chapter 7.

Capitalized interest. Treat capitalized interest

as a cost of the property produced. You recover

your interest when you sell or use the property.

If the property is inventory, recover capitalized

interest through cost of goods sold. If the property is used in your trade or business, recover

capitalized interest through an adjustment to

basis, depreciation, amortization, or other

method.

Partnerships and S corporations. The interest capitalization rules are applied first at the

partnership or S corporation level. The rules are

then applied at the partners' or shareholders'

level to the extent the partnership or S corporation has insufficient debt to support the production or construction costs.

If you are a partner or a shareholder, you

may have to capitalize interest you incur during

the tax year for the production costs of the partnership or S corporation. You may also have to

capitalize interest incurred by the partnership or

S corporation for your own production costs. To

properly capitalize interest under these rules,

you must be given the required information in

an attachment to the Schedule K-1 you receive

from the partnership or S corporation.

Additional information. The procedures for

applying the uniform capitalization rules are beyond the scope of this publication. For more information, see Regulations sections 1.263A-8

through 1.263A-15 and Notice 88-99, which is

in Cumulative Bulletin 1988-2.

When To Deduct Interest

If the uniform capitalization rules, discussed under Capitalization of Interest, earlier, and the

business interest expense deduction limitation

rules discussed under Interest Expense Limitation, earlier, do not apply, deduct interest as follows.

Cash method. Under the cash method, you

can generally deduct only the interest you actually paid during the tax year. You cannot deduct a promissory note you gave as payment

because it is a promise to pay and not an actual

payment.

Prepaid interest. You generally cannot deduct any interest paid before the year it is due.

Interest paid in advance can be deducted only

in the tax year in which it is due.

Discounted loan. If interest or a discount

is subtracted from your loan proceeds, it is not a

payment of interest and you cannot deduct it

when you get the loan. For more information,

see Original issue discount (OID) under Interest

You Can Deduct, earlier.

Refunds of interest. If you pay interest

and then receive a refund in the same tax year

of any part of the interest, reduce your interest

deduction by the refund. If you receive the refund in a later tax year, include the refund in

your income to the extent the deduction for the

interest reduced your tax.

Accrual method. Under an accrual method,

you can deduct only interest that has accrued

during the tax year.

Prepaid interest. You generally cannot deduct any interest paid before the year it is due.

Interest paid in advance can be deducted only

in the tax year in which it is due.

Discounted loan. If interest or a discount

is subtracted from your loan proceeds, it is not a

payment of interest and you cannot deduct it

when you get the loan. For more information,

see Original issue discount (OID) under Interest

You Can Deduct, earlier.

Tax deficiency. If you contest a federal income tax deficiency, interest does not accrue

until the tax year the final determination of liability is made. If you do not contest the deficiency,

then the interest accrues in the year the tax was

asserted and agreed to by you.

However, if you contest but pay the proposed tax deficiency and interest, and you do

not designate the payment as a cash bond,

then the interest is deductible in the year paid.

Related person. If you use an accrual

method, you cannot deduct interest owed to a

related person who uses the cash method until

payment is made and the interest is includible in

the gross income of that person. The relationship is determined as of the end of the tax year

for which the interest would otherwise be deductible. See section 267 for more information.

Below-Market Loans

If you receive a below-market gift or demand

loan and use the proceeds in your trade or business, you may be able to deduct the forgone interest. See Treatment of gift and demand loans,

later, in this discussion.

A “below-market loan” is a loan on which no

interest is charged or on which interest is

charged at a rate below the applicable federal

rate (AFR). A gift or demand loan that is a below-market loan is generally considered an

arm's-length transaction in which you, the borrower, are considered as having received both

of the following.

• A loan in exchange for a note that requires

the payment of interest at the AFR.

• An additional payment in an amount equal

to the forgone interest.

The additional payment is treated as a gift, dividend, contribution to capital, payment of compensation, or other payment, depending on the

substance of the transaction.

Forgone interest. For any period, forgone interest is:

1. The interest that would be payable for that

period if interest accrued on the loan at the

AFR and was payable annually on December 31, minus

2. Any interest actually payable on the loan

for the period.

AFRs are published by the IRS each

TIP month in the Internal Revenue Bulletin

(I.R.B.), which is available on the IRS

website at IRS.gov/IRB. You can also contact

an IRS office to get these rates.

Loans subject to the rules. The rules for below-market loans apply to the following.

1. Gift loans (below-market loans where the

forgone interest is in the nature of a gift).

2. Compensation-related loans (below-market loans between an employer and an

employee or between an independent

contractor and a person for whom the contractor provides services).

3. Corporation-shareholder loans.

4. Tax avoidance loans (below-market loans

where the avoidance of federal tax is one

of the main purposes of the interest arrangement).

5. Loans to qualified continuing care facilities

under a continuing care contract (made after October 11, 1985).

Except as noted in (5) above, these rules

apply to demand loans (loans payable in full at

any time upon the lender's demand) outstanding after June 6, 1984, and to term loans (loans

that are not demand loans) made after that

date.

Treatment of gift and demand loans. If you

receive a below-market gift loan or demand

loan, you are treated as receiving an additional

payment (as a gift, dividend, etc.) equal to the

forgone interest on the loan. You are then treated as transferring this amount back to the

lender as interest. These transfers are considered to occur annually, generally on December

31. If you use the loan proceeds in your trade or

business, you can deduct the forgone interest

each year as a business interest expense. The

lender must report it as interest income.

Limit on forgone interest for gift loans of

$100,000 or less. For gift loans between individuals, forgone interest treated as transferred

back to the lender is limited to the borrower's

net investment income for the year. This limit

applies if the outstanding loans between the

Chapter 4

Interest

Page 17

lender and borrower total $100,000 or less. If

the borrower's net investment income is $1,000

or less, it is treated as zero. This limit does not

apply to a loan if the avoidance of any federal

tax is one of the main purposes of the interest

arrangement.

Treatment of term loans. If you receive a below-market term loan other than a gift or demand loan, you are treated as receiving an additional cash payment (as a dividend, etc.) on

the date the loan is made. This payment is

equal to the loan amount minus the present

value, at the AFR, of all payments due under

the loan. The same amount is treated as OID on

the loan. See Original issue discount (OID) under Interest You Can Deduct, earlier.

Exceptions for loans of $10,000 or less.

The rules for below-market loans do not apply

to any day on which the total outstanding loans

between the borrower and lender is $10,000 or

less. This exception applies only to the following.

1. Gift loans between individuals if the loan is

not directly used to buy or carry income-producing assets.

2. Compensation-related loans or corporation-shareholder loans if the avoidance of

any federal tax is not a principal purpose

of the interest arrangement.

This exception does not apply to a term loan

described in (2) above that was previously subject to the below-market loan rules. Those rules

will continue to apply even if the outstanding

balance is reduced to $10,000 or less.

Exceptions for loans without significant tax

effect. The following loans are specifically exempted from the rules for below-market loans

because their interest arrangements do not

have a significant effect on the federal tax liability of the borrower or the lender.

1. Loans made available by lenders to the

general public on the same terms and

conditions that are consistent with the

lender's customary business practices.

b. The amount of the items.

c. The cost of complying with the below-market loan provisions if they

were to apply.

5.

d. Any reasons, other than taxes, for

structuring the transaction as a below-market loan.

Taxes

Exception for loans to qualified continuing

care facilities. The below-market interest

rules do not apply to a loan owed by a qualified

continuing care facility under a continuing care

contract if the lender or lender's spouse is age

62 or older by the end of the calendar year.

A qualified continuing care facility is one or

more facilities (excluding nursing homes) meeting the requirements listed below.

1. Designed to provide services under continuing care contracts (defined below).

2. Includes an independent living unit, and

either an assisted living or nursing facility,

or both.

3. Substantially all of the independent living

unit residents are covered by continuing

care contracts.

A “continuing care contract” is a written contract between an individual and a qualified continuing care facility that includes all of the following conditions.

1. The individual or individual's spouse must

be entitled to use the facility for the rest of

their life or lives.

2. The individual or individual's spouse will

be provided with housing, as appropriate

for the health of the individual or individual's spouse in an:

a. Independent living unit (which has additional available facilities outside the

unit for the provision of meals and

other personal care), and

b. Assisted living or nursing facility available in the continuing care facility.

2. Loans subsidized by a federal, state, or

municipal government that are made available under a program of general application to the public.

3. The individual or individual's spouse will

be provided with assisted living or nursing

care available in the continuing care facility, as required for the health of the individual or the individual's spouse.

3. Certain employee-relocation loans.

For more information, see section 7872(h).

4. Certain loans to or from a foreign person,

unless the interest income would be effectively connected with the conduct of a U.S.

trade or business and not exempt from

U.S. tax under an income tax treaty.

5. Any other loan if the taxpayer can show

that the interest arrangement has no significant effect on the federal tax liability of

the lender or the borrower. Whether an interest arrangement has a significant effect

on the federal tax liability of the lender or

the borrower will be determined by all the

facts and circumstances. Consider all the

following factors.

a. Whether items of income and deduction generated by the loan offset each

other.

Page 18

Chapter 5

Taxes

Sale or exchange of property. Different rules

generally apply to a loan connected with the

sale or exchange of property. If the loan does

not provide adequate stated interest, part of the

principal payment may be considered interest.

However, there are exceptions that may require

you to apply the below-market interest rate

rules to these loans. See Unstated Interest and

Original Issue Discount (OID) in Pub. 537.

More information. For more information on

below-market loans, see section 7872 and Regulations section 1.7872-5.

Introduction

You can deduct various federal, state, local,

and foreign taxes directly attributable to your

trade or business as business expenses.

!

CAUTION

taxes.

You cannot deduct federal income

taxes, estate and gift taxes, or state inheritance, legacy, and succession

Topics

This chapter discusses:

•

•

•

•

•

When to deduct taxes

Real estate taxes

Income taxes

Employment taxes

Other taxes

Useful Items

You may want to see:

Publication

15

15

(Circular E), Employer's Tax Guide

334 Tax Guide for Small Business

334

510 Excise Taxes

510

538 Accounting Periods and Methods

538

551 Basis of Assets

551

Form (and Instructions)

1040 or 1040-SR U.S. Individual Income

Tax Return

1040 or 1040-SR

Schedule A (Form 1040) Itemized

Deductions

Schedule A (Form 1040)

Schedule SE (Form 1040)

Self-Employment Tax

Schedule SE (Form 1040)

3115 Application for Change in

Accounting Method

3115

8959 Additional Medicare Tax

8959

See chapter 12 for information about getting

publications and forms.

When To Deduct Taxes

Generally, you can only deduct taxes in the

year you pay them. This applies whether you

use the cash method or an accrual method of

accounting.

Under an accrual method, you can deduct a

tax before you pay it if you meet the exception

for recurring items discussed under Economic

Performance in Pub. 538. You can also elect to

ratably accrue real estate taxes as discussed

later under Real Estate Taxes. See also Foreign

income taxes, discussed later.

Limitation on acceleration of accrual of

taxes. A taxing jurisdiction can require the use

of a date for accruing taxes that is earlier than

the date it originally required. However, if you

use an accrual method, and can deduct the tax

before you pay it, use the original accrual date

for the year of change and all future years to determine when you can deduct the tax.

Example. Your state imposes a tax on personal property used in a trade or business conducted in the state. This tax is assessed and

becomes a lien as of July 1 (accrual date). In

2022, the state changed the assessment and

lien dates from July 1, 2023, to December 31,

2022, for property tax year 2023. Use the original accrual date (July 1, 2023) to determine

when you can deduct the tax. You must also

use the July 1 accrual date for all future years to

determine when you can deduct the tax.

Uniform capitalization rules. Uniform capitalization rules apply to certain taxpayers who produce real property or tangible personal property

for use in a trade or business or for sale to customers. They also apply to certain taxpayers

who acquire property for resale. Under these

rules, you either include certain costs in inventory or capitalize certain expenses related to the

property, such as taxes. For more information,

see chapter 1.

Carrying charges. Carrying charges include

taxes you pay to carry or develop real estate or

to carry, transport, or install personal property.

You can elect to capitalize carrying charges not

subject to the uniform capitalization rules if they

are otherwise deductible. For more information,

see chapter 7.

Refunds of taxes. If you receive a refund for

any taxes you deducted in an earlier year, include the refund in income to the extent the deduction reduced your federal income tax in the

earlier year. For more information, see Recovery of amount deducted (tax benefit rule) in

chapter 1.

TIP

You must include in income any interest you receive on tax refunds.

Real Estate Taxes

Deductible real estate taxes are any state or local taxes, including taxes imposed by U.S. possessions, on real estate levied for the general

public welfare. The taxing authority must base

the taxes on the assessed value of the real estate and charge them uniformly against all property under its jurisdiction. Deductible real estate

taxes generally do not include taxes charged for

local benefits and improvements that increase

the value of the property. See Taxes for local

benefits, later.

Real estate taxes imposed by a foreign

country are not deductible unless paid or accrued in connection with the conduct of a trade

or business or for the production of income. For

individual tax filers, the amount of deductible

state and local real estate taxes may be subject

to a $10,000 limitation. See State and local income taxes, later.

If you use an accrual method, you generally

cannot accrue real estate taxes until you pay

them to the government authority. However,

you can elect to ratably accrue the taxes during

the year. See Electing to ratably accrue, later.

Taxes for local benefits. Generally, you cannot deduct taxes charged for local benefits and

improvements that tend to increase the value of

your property. These include assessments for

streets, sidewalks, water mains, sewer lines,

and public parking facilities. You should increase the basis of your property by the amount

of the assessment.

You can deduct taxes for these local benefits only if the taxes are for maintenance, repairs, or interest charges related to those benefits. If part of the tax is for maintenance, repairs,

or interest, you must be able to show how much

of the tax is for these expenses to claim a deduction for that part of the tax.

Example. To improve downtown commercial business, Waterfront City converted a

downtown business area street into an enclosed pedestrian mall. The city assessed the

full cost of construction, financed with 10-year

bonds, against the affected properties. The city

is paying the principal and interest with the annual payments made by the property owners.

The assessments for construction costs are

not deductible as taxes or as business expenses, but are depreciable capital expenses. The

part of the payments used to pay the interest

charges on the bonds is deductible as taxes.

Charges for services. Water bills, sewerage,

and other service charges assessed against

your business property are not real estate

taxes, but are deductible as business expenses.

Purchase or sale of real estate. If real estate

is sold, the real estate taxes must be allocated

between the buyer and the seller.

The buyer and seller must allocate the real

estate taxes according to the number of days in

the real property tax year (the period to which

the tax imposed relates) that each owned the

property. Treat the seller as paying the taxes up

to but not including the date of sale. Treat the

buyer as paying the taxes beginning with the

date of sale. You can usually find this information on the settlement statement you received at

closing.

If you (the seller) use an accrual method and

have not elected to ratably accrue real estate

taxes, you are considered to have accrued your

part of the tax on the date you sell the property.

Example. Lynn and Curt are calendar year

accrual method taxpayers who own real estate

in Olmo County. They have not elected to ratably accrue property taxes. November 30 of

each year is the assessment and lien date for

the current real property tax year, which is the

calendar year. They sold the property on June

30, 2022. Under their accounting method, they

would not be able to claim a deduction for the

taxes because the sale occurred before November 30. They are treated as having accrued

their part of the tax, 181/365 (January 1–June

29), on June 30, and they can deduct it for

2022.

Electing to ratably accrue. If you use an accrual method, you can elect to accrue real estate tax related to a definite period ratably over

that period.

Example. Lea and Joey are calendar year

taxpayers who use an accrual method. Their

real estate taxes for the real property tax year,

July 1, 2022, to June 30, 2023, are $1,200. July

1 is the assessment and lien date.

If the Lea and Joey elect to ratably accrue

the taxes, $600 will accrue in 2022 ($1,200 ×

6/12, July 1–December 31) and the balance will

accrue in 2023.

Separate elections. You can elect to ratably accrue the taxes for each separate trade or

business and for nonbusiness activities if you

account for them separately. Once you elect to

ratably accrue real estate taxes, you must use

that method unless you get permission from the

IRS to change your accounting method. See

Form 3115, later.

Making the election. If you elect to ratably

accrue the taxes for the first year in which you

incur real estate taxes, attach a statement to

your income tax return for that year. The statement should show all the following items.

• The trades or businesses to which the

election applies and the accounting

method or methods used.

• The period to which the taxes relate.

• The calculation of the real estate tax deduction for that first year.

Generally, you must file your return by the

due date (including extensions). However, if

you timely filed your return for the year without

electing to ratably accrue, you can still make the

election by filing an amended return within 6

months after the due date of the return (excluding extensions). Attach the statement to the

amended return and write “Filed pursuant to

section 301.9100-2” on the statement. File the

amended return at the same address where you

filed the original return.

Form 3115. If you elect to ratably accrue

real estate taxes for a year after the first year in

which you incur real estate taxes, or if you want

to revoke your election to ratably accrue real

estate taxes, file Form 3115. For more information, including applicable time frames for filing,

see the Instructions for Form 3115.

Income Taxes

This section discusses federal, state, local, and

foreign income taxes.

Federal income taxes. You cannot deduct

federal income taxes.

State and local income taxes. A corporation

or partnership can deduct state and local income taxes imposed on the corporation or partnership as business expenses.

An individual can deduct state and local income taxes only as an itemized deduction on

Schedule A (Form 1040), subject to limitations.

The deduction is limited to $10,000 as a total of

the following taxes.

Chapter 5

Taxes

Page 19

1. State and local income taxes or general

sales taxes. See the Schedule A (Form

1040) instructions.

2. State and local real estate taxes. See the

Schedule A (Form 1040) instructions. See

also Real Estate Taxes, earlier.

3. State and local personal property taxes.

However, an individual can deduct a state

tax on gross income (as distinguished from net

income) directly attributable to a trade or business as a business expense.

Accrual of contested income taxes. If

you use an accrual method, and you contest a

state or local income tax liability, you must accrue and deduct any contested amount in the

tax year in which the liability is finally determined.

If additional state or local income taxes for a

prior year are assessed in a later year, you can

deduct the taxes in the year in which they were

originally imposed (the prior year) if the tax liability is not contested. You cannot deduct them

in the year in which the liability is finally determined.

The filing of an income tax return is not

TIP considered a contest and, in the absence of an overt act of protest, you

can deduct the tax in the prior year. Also, you

can deduct any additional taxes in the prior year

if you do not show some affirmative evidence of

denial of the liability.

However, if you consistently deduct additional assessments in the year they are paid or

finally determined (including those for which

there was no contest), you must continue to do

so. You cannot take a deduction in the earlier

year unless you receive permission to change

your method of accounting. For more information on accounting methods, see When Can I

Deduct an Expense in chapter 1.

If you contest a state or local tax liability, and

you transfer money or other property as a provisional payment of the contested tax liability, you

can accrue and deduct the amount of the contested tax liability for which you made the provisional payment in the year in which you made

the payment, even though the liability is not determined until a later year.

If any portion of the contested amount which

was deducted in the year the provisional payment was made is later refunded when the contest is settled, you must include such portion in

your gross income in the year the refund is received.

Notwithstanding the exception that allows

accrual and deduction of contested state or local income tax liability upon payment, current

accrual and deduction is not allowed for income, war profits, and excess profits taxes imposed by a foreign country or possession of the

United States.

Foreign income taxes. Generally, you can

take either a deduction or a credit for income

taxes imposed on you by a foreign country or a

U.S. possession, subject to limitations. However, an individual cannot take a deduction or

credit for foreign income taxes paid on income

that is exempt from U.S. tax under the foreign

earned income exclusion or the foreign housing

exclusion. For information on these exclusions,

Page 20

Chapter 5

Taxes

see Pub. 54. For information on the foreign tax

credit, see Pub. 514.

Accrual of foreign income taxes. If you

use an accrual method and choose to take a

deduction (rather than a credit) for foreign income taxes, you can deduct the taxes in the

year in which the fact of the liability becomes

fixed and the amount of the liability can be determined with reasonable accuracy. Generally,

this is the year with or within which the tax year

that applies for foreign tax purposes ends or, in

the case of a contested tax, the year in which

the contest is resolved. Different rules may apply to determine when a foreign income tax is

considered to accrue for purposes of the foreign tax credit. For more information on the foreign tax credit, see Pub. 514.

Employment Taxes

If you have employees, you must withhold various taxes from your employees' pay. Most employers must withhold their employees' share of

social security, Medicare taxes, and Additional

Medicare Tax (if applicable), along with state

and federal income taxes. You may also need

to pay certain employment taxes from your own

funds. These include your share of social security and Medicare taxes as an employer, along

with unemployment taxes.

Your deduction for wages paid is not reduced by the social security and Medicare

taxes, Additional Medicare Tax, and income

taxes you withhold from your employees. You

can deduct the employment taxes you must pay

from your own funds as taxes.

Example. You pay your employee $18,000

a year. However, after you withhold various

taxes, your employee receives $14,500. You

also pay an additional $1,500 in employment

taxes. You should deduct the full $18,000 as

wages. You can deduct the $1,500 you pay

from your own funds as taxes.

Additional Medicare Tax. You must withhold

a 0.9% Additional Medicare Tax from wages

you pay to an employee in excess of $200,000

in a calendar year. The Additional Medicare Tax

is only imposed on the employee. There is no

employer share of Additional Medicare Tax.

For more information on the Additional Medicare Tax, see Form 8959 and its instructions.

For more information on employment

TIP taxes, see Pub. 15 (Circular E).

Unemployment fund taxes. As an employer,

you may have to make payments to a state unemployment compensation fund or to a state

disability benefit fund. Deduct these payments

as taxes.

Self-employment tax. You can deduct part of

your self-employment tax as a business expense in figuring your adjusted gross income.

This deduction only affects your income tax. It

does not affect your net earnings from self-employment or your self-employment tax.

To deduct the tax, enter on Schedule 1

(Form 1040), line 15, the amount shown on the

Deduction for one-half of self-employment tax

line of Schedule SE (Form 1040).

For more information on self-employment

tax, see Pub. 334.

Additional Medicare Tax. You may be required to pay Additional Medicare Tax on

self-employment income. See Form 8959 and

the Instructions for Form 8959 for more information on the Additional Medicare Tax.

Other Taxes

The following are other taxes you can deduct if

you incur them in the ordinary course of your

trade or business.

Excise taxes. Generally, you can deduct as a

business expense all excise taxes that are ordinary and necessary expenses of carrying on

your trade or business. However, see Fuel

taxes, later.

For more information on excise taxes, see

Pub. 510.

Franchise taxes. You can deduct corporate

franchise taxes as a business expense.

Fuel taxes. Generally, taxes on gasoline, diesel fuel, and other motor fuels that you use in

your business are included as part of the cost of

the fuel. Do not deduct these taxes as a separate item.

You may be entitled to a credit or refund for

federal excise tax you paid on fuels used for

certain purposes. For more information, see

Pub. 510.

Occupational taxes. You can deduct as a

business expense an occupational tax charged

at a flat rate by a locality for the privilege of

working or conducting a business in the locality.

Personal property tax. You can deduct any

tax imposed by a state or local government on

personal property used in your trade or business.

Sales tax. Any sales tax you pay on a service

for your business, or on the purchase or use of

property in your business is treated as part of

the cost of the service or property. If the service

or the cost or use of the property is a deductible

business expense, you can deduct the tax as

part of that service or cost. If the property is

merchandise bought for resale, the sales tax is

part of the cost of the merchandise. If the property is depreciable, add the sales tax to the basis for depreciation. For more information on

basis, see Pub. 551.

Do not deduct state and local sales

taxes imposed on the buyer that you

CAUTION must collect and pay over to the state

or local government. Also, do not include these

taxes in gross receipts or sales.

!

2555 Foreign Earned Income

2555

6.

W-2 Wage and Tax Statement

W-2

See chapter 12 for information about getting

publications and forms.

Insurance

Deductible Premiums

Reminder

Premium tax credit. You may have to use the

worksheets in Pub. 974 instead of the worksheet in this chapter. Use the worksheets in

Pub. 974 if the insurance plan established, or

considered to be established, under your business was obtained through the Health Insurance Marketplace and you are claiming the premium tax credit. See Pub. 974 for details.

Introduction

You can generally deduct the ordinary and necessary cost of insurance as a business expense

if it is for your trade, business, or profession.

However, you may have to capitalize certain insurance costs under the uniform capitalization

rules. For more information, see Capitalized

Premiums, later.

Topics

This chapter discusses:

•

•

•

•

You can generally deduct premiums you pay for

the following kinds of insurance related to your

trade or business.

1. Insurance that covers fire, storm, theft, accident, or similar losses.

2. Credit insurance that covers losses from

business bad debts.

3. Group hospitalization and medical insurance for employees, including long-term

care insurance.

a. If a partnership pays accident and

health insurance premiums for its

partners, it can generally deduct them

as guaranteed payments to partners.

b. If an S corporation pays accident and

health insurance premiums for its

more-than-2% shareholder-employees, it can generally deduct them, but

must also include them in the shareholder's wages subject to federal income tax withholding. See Pub.15-B.

4. Liability insurance.

5. Malpractice insurance that covers your

personal liability for professional negligence resulting in injury or damage to patients or clients.

Deductible premiums

Nondeductible premiums

Capitalized premiums

When to deduct premiums

6. Workers' compensation insurance set by

state law that covers any claims for bodily

injuries or job-related diseases suffered by

employees in your business, regardless of

fault.

Useful Items

You may want to see:

Publication

15-B Employer's Tax Guide to Fringe

Benefits

15-B

525 Taxable and Nontaxable Income

525

538 Accounting Periods and Methods

538

547 Casualties, Disasters, and Thefts

547

Form (and Instructions)

1040 U.S. Individual Income Tax Return

1040

1040-NR U.S. Nonresident Alien Income

Tax Return

1040-NR

Schedule 1 (Form 1040) Additional

Income and Adjustments to Income

a. If a partnership pays workers' compensation premiums for its partners, it

can generally deduct them as guaranteed payments to partners.

b. If an S corporation pays workers'

compensation premiums for its

more-than-2% shareholder-employees, it can generally deduct them, but

must also include them in the shareholder's wages.

7. Contributions to a state unemployment insurance fund are deductible as taxes if

they are considered taxes under state law.

Schedule 1 (Form 1040)

Schedule A (Form 1040) Itemized

Deductions

Schedule A (Form 1040)

Schedule C (Form 1040) Profit or Loss

From Business

Schedule C (Form 1040)

Schedule F (Form 1040) Profit or Loss

From Farming

Schedule F (Form 1040)

Schedule SE (Form 1040)

Self-Employment Tax

Schedule SE (Form 1040)

Schedule K-1 (Form 1065) Partner's

Share of Income, Deductions,

Credits, etc.

Schedule K-1 (Form 1065)

8. Overhead insurance that pays for business overhead expenses you have during

long periods of disability caused by your

injury or sickness.

9. Car and other vehicle insurance that covers vehicles used in your business for liability, damages, and other losses. If you

operate a vehicle partly for personal use

and partly for business use, deduct only

the part of the insurance premium that applies to the business use of the vehicle. If

you use the standard mileage rate to figure your car expenses, you can’t deduct

any car insurance premiums.

10. Life insurance covering your officers and

employees if you aren’t directly or indirectly a beneficiary under the contract.

11. Business interruption insurance that pays

for lost profits if your business is shut

down due to a fire or other cause.

Self-Employed Health

Insurance Deduction

You may be able to deduct the amount you paid

for medical and dental insurance and qualified

long-term care insurance for yourself, your

spouse, and your dependents. The health insurance can cover your child who was under age

27 at the end of 2022, even if the child wasn’t

your dependent. A child includes your son,

daughter, stepchild, adopted child, or foster

child. A foster child is any child placed with you

by an authorized placement agency or by judgment, decree, or other order of any court of

competent jurisdiction.

One of the following statements must be

true.

• You were self-employed and had a net

profit for the year reported on Schedule C

(Form 1040) or Schedule F (Form 1040).

• You were a partner with net earnings from

self-employment for the year reported on

Schedule K-1 (Form 1065), box 14,

code A.

• You used one of the optional methods to

figure your net earnings from self-employment on Schedule SE.

• You received wages in 2022 from an S corporation in which you were a

more-than-2% shareholder. Health insurance premiums paid or reimbursed by the

S corporation are shown as wages on

Form W-2.

The insurance plan must be established, or

considered to be established, as discussed in

the following bullets, under your business.

• For self-employed individuals filing a

Schedule C (Form 1040) or Schedule F

(Form 1040), a policy can be either in the

name of the business or in the name of the

individual.

• For partners, a policy can be either in the

name of the partnership or in the name of

the partner. You can either pay the premiums yourself or the partnership can pay

them and report the premium amounts on

Schedule K-1 (Form 1065) as guaranteed

payments to be included in your gross income. However, if the policy is in your

name and you pay the premiums yourself,

the partnership must reimburse you and

report the premium amounts on Schedule K-1 (Form 1065) as guaranteed payments to be included in your gross income.

Otherwise, the insurance plan won’t be

considered to be established under your

business.

• For more-than-2% shareholders, a policy

can be either in the name of the S corporation or in the name of the shareholder. You

can either pay the premiums yourself or

the S corporation can pay them and report

the premium amounts on Form W-2 as wages to be included in your gross income.

However, if the policy is in your name and

Chapter 6

Insurance

Page 21

you pay the premiums yourself, the S corporation must reimburse you and report

the premium amounts in box 1 of Form

W-2 as wages to be included in your gross

income. Otherwise, the insurance plan

won’t be considered to be established under your business.

Medicare premiums you voluntarily pay to

obtain insurance in your name that is similar to

qualifying private health insurance can be used

to figure the deduction. Amounts paid for health

insurance coverage from retirement plan distributions that were nontaxable because you are a

retired public safety officer can’t be used to figure the deduction.

You can claim the deduction for self-employed health insurance on Schedule 1 (Form

1040), line 17.

Qualified long-term care insurance. You

can include premiums paid on a qualified

long-term care insurance contract when figuring

your deduction. But, for each person covered,

Page 22

Chapter 6

Insurance

you can include only the smaller of the following

amounts.

1. The amount of premiums paid for that person.

2. The amount shown below. Use the person's age at the end of the tax year.

a. Age 40 or younger — $450

b. Age 41 to 50 — $850

c. Age 51 to 60 — $1,690

d. Age 61 to 70 — $4,510

e. Age 71 or older — $5,640

Qualified long-term care insurance contract. A qualified long-term care insurance

contract is an insurance contract that only provides coverage of qualified long-term care services. The contract must meet all the following

requirements.

• It must be guaranteed renewable.

• It must provide that refunds, other than refunds on the death of the insured or complete surrender or cancellation of the contract, and dividends under the contract

may be used only to reduce future premiums or increase future benefits.

• It must not provide for a cash surrender

value or other money that can be paid, assigned, pledged, or borrowed.

• It must generally not pay or reimburse expenses incurred for services or items that

would be reimbursed under Medicare, except where Medicare is a secondary payer

or the contract makes per diem or other

periodic payments without regard to expenses.

Qualified long-term care services. Qualified long-term care services are:

• Necessary diagnostic, preventive, therapeutic, curing, treating, mitigating, and rehabilitative services; and

• Maintenance or personal care services.

The services must be required by a chronically

ill individual and prescribed by a licensed

This text is long and has been trimmed here. Open the source document for the complete record.

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