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  #7  
Old 04-18-2009, 04:17 PM
kupchik@hotmail.com
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Default Re: K-1 with driving expenses

On Apr 17, 5:40*pm, "removeps-gro...[at]yahoo.com" <removeps-
gro...[at]yahoo.com> wrote:
- quote -

> On Apr 12, 4:31 pm, Alan <sfcnm-...[at]yahoo.com> wrote:
> > * Basically, if you work two jobs on separate days, you don't get
> > a deduction. If you work the two jobs on the same day, as Bill
> > said, you get to deduct the cost of traveling from Job 1 to Job 2.

> But if you go from home -> Job1 -> home -> Job2 -> home, then nothing
> is deductible. *Only if you go from home -> Job1 -> Job2 -> home, then
> Job1 -> Job2 is deductible. *Sounds right?


Client went from Job 1 to Job 2 (K-1 job), therefore I deducted the
milage from Job 1 to Job 2. Since Job 2 is being reported as a K-1
General Partnership Income and shows nothing regarding the location of
work in NY, I do not believe a NY return is required for this NJ
resident. Comments?

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #6  
Old 04-17-2009, 09:40 PM
removeps-groups@yahoo.com
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Default Re: K-1 with driving expenses

On Apr 12, 4:31 pm, Alan <sfcnm-...[at]yahoo.com> wrote:

- quote -

> Basically, if you work two jobs on separate days, you don't get
> a deduction. If you work the two jobs on the same day, as Bill
> said, you get to deduct the cost of traveling from Job 1 to Job 2.


But if you go from home -> Job1 -> home -> Job2 -> home, then nothing
is deductible. Only if you go from home -> Job1 -> Job2 -> home, then
Job1 -> Job2 is deductible. Sounds right?

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 04-12-2009, 11:33 PM
Alan
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Default Re: K-1 with driving expenses

kupchik[at]hotmail.com wrote:
- quote -

> On Apr 11, 6:17 pm, Alan <sfcnm-...[at]yahoo.com> wrote:
> > kupc...[at]hotmail.com wrote:
> > > I have a client who has a dancing school partnership oganized as an
> > > LLC and she works as an instructor along with her partners. She will
> > > be receiving a K-1 from this partnership. She was driving expenses to
> > > get to this dancing school. Can the expense we written off, is so
> > > where?
> > > Also, this LLC is located in NYC and the taxpayer is a NJ resident,
> > > does a NY return need to be filed?

> > If the dancing school is her regular palace of employment, then
> > her drive from her residence to work and back is nondeductible
> > commuting. If she is working in NY, then she she must file a
> > nonresident NY return and a resident NJ return.

> The dancing school is NOT her regular place of business, she has a job
> in NJ for which she gets a W-2. The reason I asked the question, is
> that if the dancing school was not a partnership and I was filing a
> schedule C for her, I would be deducting the milage. Since she is a
> partner and will be getting a K-1 (her only compensation from being a
> dancing school teacher is her share of the partnership). I'm not sure
> if I can deduct the travel to and from the work and if so, where?

Re your Schedule C comment: See my reply to Bill Brown. You would
not be deducting her drive to the school if it was on her day off
from her regular job. You would be deducting the cost if she
incurred the expense on a day she also worked at her main job.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 04-12-2009, 11:31 PM
Alan
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Posts: n/a
Default Re: K-1 with driving expenses

Bill Brown wrote:
- quote -

> Otherwise deductible expenses incurred by the partners without
> reimbursement by the partnership are not deductible unless the
> partnership agreement requires the partners to incurr those expenses
> without reimbursement. If the partnership agreement has that provision
> then each partner deducts such unreimbursed expenses on Schedule E.
> As Alan noted, commuting between home and a primary work location is
> not deductible. Travelling between two job locations, however, is
> deductible.


Commuting from your home to a second job on a day off from your
regular job would also not be a deductible expense.
Basically, if you work two jobs on separate days, you don't get
a deduction. If you work the two jobs on the same day, as Bill
said, you get to deduct the cost of traveling from Job 1 to Job 2.
- quote -

> On Apr 11, 9:57 am, kupc...[at]hotmail.com wrote:
> > I have a client who has a dancing school partnership oganized as an
> > LLC and she works as an instructor along with her partners. She will
> > be receiving a K-1 from this partnership. She was driving expenses to
> > get to this dancing school. Can the expense we written off, is so
> > where?


--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 04-12-2009, 09:40 PM
D. Stussy
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Posts: n/a
Default Re: K-1 with driving expenses

<kupchik[at]hotmail.com> wrote in message
news:f192f424-10e2-4f90-a10a-2246772a9767[at]n8g2000vbb.googlegroups.com...
- quote -

> I have a client who has a dancing school partnership oganized as an
> LLC and she works as an instructor along with her partners. She will
> be receiving a K-1 from this partnership. She was driving expenses to
> get to this dancing school. Can the expense we written off, is so
> where?
> Also, this LLC is located in NYC and the taxpayer is a NJ resident,
> does a NY return need to be filed?


Yes, as to the NY State and NY City tax returns.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 04-12-2009, 04:55 PM
kupchik@hotmail.com
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Posts: n/a
Default Re: K-1 with driving expenses

On Apr 11, 6:17*pm, Alan <sfcnm-...[at]yahoo.com> wrote:
- quote -

> kupc...[at]hotmail.com wrote:
> > I have a client who has a dancing school partnership oganized as an
> > LLC and she works as an instructor along with her partners. *She will
> > be receiving a K-1 from this partnership. *She was driving expenses to
> > get to this dancing school. *Can the expense we written off, is so
> > where?
> > Also, this LLC is located in NYC and the taxpayer is a NJ resident,
> > does a NY return need to be filed?

> If the dancing school is her regular palace of employment, then
> her drive from her residence to work and back is nondeductible
> commuting. If she is working in NY, then she she must file a
> nonresident NY return and a resident NJ return.


The dancing school is NOT her regular place of business, she has a job
in NJ for which she gets a W-2. The reason I asked the question, is
that if the dancing school was not a partnership and I was filing a
schedule C for her, I would be deducting the milage. Since she is a
partner and will be getting a K-1 (her only compensation from being a
dancing school teacher is her share of the partnership). I'm not sure
if I can deduct the travel to and from the work and if so, where?

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 04-12-2009, 01:51 PM
Bill Brown
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Posts: n/a
Default Re: K-1 with driving expenses

Otherwise deductible expenses incurred by the partners without
reimbursement by the partnership are not deductible unless the
partnership agreement requires the partners to incurr those expenses
without reimbursement. If the partnership agreement has that provision
then each partner deducts such unreimbursed expenses on Schedule E.

As Alan noted, commuting between home and a primary work location is
not deductible. Travelling between two job locations, however, is
deductible.



On Apr 11, 9:57*am, kupc...[at]hotmail.com wrote:
- quote -

> I have a client who has a dancing school partnership oganized as an
> LLC and she works as an instructor along with her partners. *She will
> be receiving a K-1 from this partnership. *She was driving expenses to
> get to this dancing school. *Can the expense we written off, is so
> where?


--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 04-11-2009, 10:17 PM
Alan
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Posts: n/a
Default Re: K-1 with driving expenses

kupchik[at]hotmail.com wrote:
- quote -

> I have a client who has a dancing school partnership oganized as an
> LLC and she works as an instructor along with her partners. She will
> be receiving a K-1 from this partnership. She was driving expenses to
> get to this dancing school. Can the expense we written off, is so
> where?
> Also, this LLC is located in NYC and the taxpayer is a NJ resident,
> does a NY return need to be filed?

If the dancing school is her regular palace of employment, then
her drive from her residence to work and back is nondeductible
commuting. If she is working in NY, then she she must file a
nonresident NY return and a resident NJ return.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 04-11-2009, 01:57 PM
kupchik@hotmail.com
Guest
 
Posts: n/a
Default K-1 with driving expenses

I have a client who has a dancing school partnership oganized as an
LLC and she works as an instructor along with her partners. She will
be receiving a K-1 from this partnership. She was driving expenses to
get to this dancing school. Can the expense we written off, is so
where?

Also, this LLC is located in NYC and the taxpayer is a NJ resident,
does a NY return need to be filed?

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
 
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