Self-employed.
You must report your income and expenses on Schedule C or C-EZ (Form
1040) if you are a sole proprietor, or on Schedule F (Form 1040) if you are a
farmer. You do not use Form 2106 or 2106-EZ. See your form instructions for
information on how to complete your tax return.
Both
self-employed and an employee. If you are both self-employed and
an employee, you must keep separate records for each business activity. Report
your business expenses for self-employment on Schedule C, C-EZ, or F (Form
1040), as discussed earlier. Report your business expenses for your work as an
employee on Form 2106 or 2106-EZ, as discussed next.
Employees.
If you are an employee, you generally must complete Form 2106 to deduct
your travel, transportation, and entertainment expenses. However, you can use
the shorter Form 2106-EZ instead of Form 2106 if you meet all of the following
conditions.
1. You are an
employee deducting expenses attributable to your job.
2. You were
not reimbursed by your employer for your expenses (amounts included in box 1 of
your Form W-2 are not considered reimbursements).
3. If you are
claiming car expenses, you use the standard mileage rate.
Gifts. If you did
not receive any reimbursements (or the reimbursements were all included in box
1 of your Form W-2), the only business expense you are claiming is for gifts,
and the rules for certain individuals (such as performing artists), discussed
later under Special Rules, do not apply to you, do not complete Form
2106 or 2106-EZ. Instead, claim the amount of your deductible gifts directly on
Schedule A (Form 1040).
Statutory
employees. If you received a Form W-2 and the “Statutory
employee” box in box 13 was checked, you report your income and expenses
related to that income on Schedule C or C-EZ (Form 1040). Do not complete Form
2106 or 2106-EZ.
*Statutory
employees include full-time life insurance salespersons, certain agent or
commission drivers, traveling salespersons, and certain homeworkers.
Reimbursement
for personal expenses. If your employer reimburses you for
nondeductible personal expenses, such as for vacation trips, your employer must
report the reimbursement as wage income in box 1 of your Form W-2. You cannot
deduct personal expenses.
FREE CONSULTATION (212) 974-3435
Selig & Associates provides the most aggressive tax representation allowed by law.
Specializing in Trust Fund Recovery Penalty (TFRP) representation, and all
payroll, income and sales tax controversies. We settle contested tax
audits; negotiate excellent payment plans, compromise tax debts, and resolve
all civil and criminal tax issues, including innocent spouse relief and
separation of liability.
TAX PROBLEMS SOLVED (212) 974-3435
Selig & Associates represents Contractors and Subcontractors before the Internal
Revenue Service, the New York State Department of Taxation and Finance, the New
Jersey Division of Taxation, the Connecticut Department of Revenue Services,
the Department of Justice Tax Division and the Defense Office of Hearings and
Appeals (DOHA).
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