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Understanding Small Business Tax Deductions


Thankfully, you can reduce your tax burden by deducting most of what you spend in the course of business.

How tax savvy a businessperson you are has a great effect on how much money is in your pocket at the end of the year. You probably know that the tax code allows you to deduct costs of doing business from your gross income. What you are left with is your net business profit. This is the amount that gets taxed.

So knowing how to maximize your deductible business expenses lowers your taxable profit. To boot, you may enjoy a personal benefit from a business expenditure -- a nice car to drive, a combination business trip/vacation, a retirement savings plan -- if you follow the myriad tax rules. The balance of this article deals with how the IRS decides when an expense is deductible.

Ordinary and Necessary Expenses

We won't burden you with a lot of tax code sections, but hear us out on this one. Section 162 is the cornerstone for determining the tax deductibility of every business expenditure. Here are the first 35 or so words:

Internal Revenue Code ยง 162. Trade or business expenses. (a) In general. There shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business...

Section 162 goes on -- and on -- but the important part is that expenses must be "ordinary and necessary" or they can't be deducted. However, the tax code doesn't define either "ordinary" or "necessary." Luckily, in many cases a legitimate business expense under Section 162 is obvious (for instance, office equipment and supplies are clearly deductible).

Pubs and regs. In some cases, such as outlays for travel, the IRS provides specific instructions for determining whether or not an expense is "ordinary and necessary." This is often done through various IRS publications ("pubs") and regulations ("regs").

Court decisions. When a specific expense hasn't been mentioned in Section 162 or in publications or regulations, federal courts have tried to figure out what Congress intended and apply it to a particular set of facts. The legal consensus is that "ordinary and necessary" refers to the purpose for which an expense is made. For instance, renting office space is ordinary and necessary for many business folks, but it is neither unless it is actually used in running a business. "Ordinary" has been held by courts to mean "normal, common, and accepted under the circumstances by the business community." "Necessary" has been taken to mean "appropriate and helpful."

Copyright 2006 Nolo


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