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#3
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| Harlan Lunsford <hnslunsford[at]bellsouth.net> wrote: - quote - > Drew Edmundson wrote: > > ihocki[at]gmail.com wrote: > > > So, cruising around published articles, it is clear to me > > > that the IRS does NOT allow corporations to reimburse > > > shareholder employees for travel on a per diem basis, and > > > meal reimbursements are only 50% deductible by the > > > corporation. I have several questions regarding both of > > > these facts: > > Please provide a cite that says an S shareholder cannot be > > reimbursed for meals using the per diem rate. The current > > Revenue Procedure on per diems is 2005-67. - quote - > > http://www.irs.gov/irb/2005-42_IRB/ar09.html
For lodging, yes only actual costs. For meals they can use> Well, things may have changed, but aren't 5% Sub S > shareholders subject to different rules here? Don't they > have to be reimbursed only for actual costs instead of a > perdiem rate? the per diem. See Section 6.07. Note that it only says that 4.01 and 5 don't apply to related parties. The meal per diem alternative is in 4.02 and 4.03. I believe the S owners count as self-employed for these purposes so 4.03 would apply. AFAIK this has been the rule for some time. --- Drew Edmundson, CPA Cary, NC << ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== > |
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#2
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| Drew Edmundson wrote: - quote - > ihocki[at]gmail.com wrote: > > So, cruising around published articles, it is clear to me > > that the IRS does NOT allow corporations to reimburse > > shareholder employees for travel on a per diem basis, and > > meal reimbursements are only 50% deductible by the > > corporation. I have several questions regarding both of > > these facts: > Please provide a cite that says an S shareholder cannot be > reimbursed for meals using the per diem rate. The current > Revenue Procedure on per diems is 2005-67. - quote - Well, things may have changed, but aren't 5% Sub S shareholders subject to different rules here? Don't they have to be reimbursed only for actual costs instead of a perdiem rate? ChEAr$, Harlan Lunsford, EA n LA << ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== > |
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#1
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| ihocki[at]gmail.com wrote: - quote - > So, cruising around published articles, it is clear to me
Please provide a cite that says an S shareholder cannot be> that the IRS does NOT allow corporations to reimburse > shareholder employees for travel on a per diem basis, and > meal reimbursements are only 50% deductible by the > corporation. I have several questions regarding both of > these facts: reimbursed for meals using the per diem rate. The current Revenue Procedure on per diems is 2005-67. http://www.irs.gov/irb/2005-42_IRB/ar09.html Thank you, --- Drew Edmundson, CPA Cary, NC << ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== > |
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| <cihocki[at]gmail.com> wrote: - quote - > 1) Is there ANY way for me, 100% owner and employee of an S
No. You can simplify the fiasco: each week, take an> corporation, to avoid the absolutely monumental record > keeping fiasco that is sure to ensue having to keep receipts > for every single meal I eat during a 6 month remote project > (for 3 years, no less, until the audit window expires)? envelope, write on the back the date and the amounts, and put the receipt in the envelope. At the ends of the week, seal the envelope and total it. You'll have a couple of dozen envelopes, and a similar number of numbers to transfer. - quote - > 2) Seeing as I can reimburse for three meals a day, up to 25
Where is it written that the law must make sense?> (or is it 75 nowadays?) dollars apiece, without a receipt, > how on earth does it make sense to prevent me from just > using a perdiem in this scenario where the M&IE perdiem will > almost always be less than 75 dollars? - quote - > Is the published
A rule saying "You may reimburse actual expenses up to $X"> perdiem rate then the maximum I'm allowed to reimburse while > still unable to just claim the flat perdiem in the first > place? That seems asinine. is a reasonable one (in terms of form). - quote - > 3) If, for the 6 months of the project, which is located in
I'd think you could do it the same way you'd rent a hotel> Manhattan, I realize that hotels are prohibitively expensive > (minimum 150 a night plus tax, usually more) and I choose to > rent a room month to month or sign a 6 month > lease/sub-lease, how can I do this in a fully deductible > way? room. Why should there be a difference if it's a long-term hotel room? - quote - > 4) Let's say I get really sick of flying home from New York
If you stayed in order to save your company the airfare,> every week and decide to stay there every other weekend. > Would this limit the deductible nature of the rent expense > (if it's otherwise fully deductible)? there shouldn't be an issue. If you stayed for personal reasons, it's conceivable (but I think unlikely) that there would be, since it didn't increase expenses. - quote - > 5) What sorts of furnishings/utilities/etc are deductible?
Renting furniture should be fine. For that, utilities, etc.> Do they have to be in the corporation's name? Do they have > to be in my name? What if it's a shared bill in someone > else's name? you need _something_ in your (or the corporation's) name, even if it's just a "re-bill". Buying furnishings, and selling (or donating) them when you're done, providing the total cost of renting, furnishings, etc. is well under hotel costs (quite likely if you don't go crazy) I'd say is deductible. Seth << ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== > |
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#-1
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| So, cruising around published articles, it is clear to me that the IRS does NOT allow corporations to reimburse shareholder employees for travel on a per diem basis, and meal reimbursements are only 50% deductible by the corporation. I have several questions regarding both of these facts: 1) Is there ANY way for me, 100% owner and employee of an S corporation, to avoid the absolutely monumental record keeping fiasco that is sure to ensue having to keep receipts for every single meal I eat during a 6 month remote project (for 3 years, no less, until the audit window expires)? 2) Seeing as I can reimburse for three meals a day, up to 25 (or is it 75 nowadays?) dollars apiece, without a receipt, how on earth does it make sense to prevent me from just using a perdiem in this scenario where the M&IE perdiem will almost always be less than 75 dollars? Is the published perdiem rate then the maximum I'm allowed to reimburse while still unable to just claim the flat perdiem in the first place? That seems asinine. 3) If, for the 6 months of the project, which is located in Manhattan, I realize that hotels are prohibitively expensive (minimum 150 a night plus tax, usually more) and I choose to rent a room month to month or sign a 6 month lease/sub-lease, how can I do this in a fully deductible way? Does the corporation have to sign the lease instead of me personally? Or can I just submit receipts for rent payments (from the leasing agency or subleasing tenant) to my corporation for reimbursement? 4) Let's say I get really sick of flying home from New York every week and decide to stay there every other weekend. Would this limit the deductible nature of the rent expense (if it's otherwise fully deductible)? 5) What sorts of furnishings/utilities/etc are deductible? Do they have to be in the corporation's name? Do they have to be in my name? What if it's a shared bill in someone else's name? Previously, when working for a larger consulting firm and living in a corporate apartment, my employer paid for utilities and the apartment was furnished. I'd appreciate help with any of these issues, researching all of this has been daunting at the very least. << ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== > |
| Tags |
| deductions, employee, expense, shareholder, travel |
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