RULES ON THE DEDUCTION OF BUSINESS GIFTS

As a business owner, you may find yourself giving gifts to clients and customers in the course of your business, particularly around the holidays. What a lot of people don’t realize is that the IRS only allows you to deduct part of the cost of certain gifts as a business expenses.

Dollar limitation. Basically, the IRS will let your business deduct only $25 or less for business gifts you give to any one person during your tax year. Any amount of expense in excess of $25 is disallowed as a deduction.


For example, if you give a client a $50 dollar watch as a gift, you can only deduct $25. In addition, if you and your spouse both give gifts, you're both going to be treated as one taxpayer. Consequently, the deduction both you and your spouse, together, will be able to claim is $25 per donee. This is true even if you have separate businesses, are separately employed, and each of you has an independent connection with the gift recipient.

Incidental costs. The $25 limit for business gifts doesn't include incidental costs — for example, packaging, insurance, and mailing costs, or the cost of engraving jewelry. Related costs are considered incidental only if they don't add some kind of substantial value to a gift.



For example, let's say you send someone a fruit basket as a gift. If the basket has a substantial value as compared to the value of the fruit, the cost of the basket is not incidental and it must be included in the $25 limit. On the other hand, the cost of gift wrapping is incidental and doesn't have to be included in the $25 limit.


Items excepted from the gift limitations. key chains or pens with your business name on them to customers and clients, are excepted from the $25 limit for business gifts and their cost is deductible without limitation. The main exception are for items that cost $4 or less, have your name clearly and permanently imprinted on them, and are one of a number of identical items you widely distribute.

Entertainment gifts. Maybe you have a choice between calling it a gift subject to the $25 per person per year rule or entertainment subject to the 50% rule. What happens if you give tickets to a play or sporting event to a customer or client? Is this a gift expense or an entertainment expense ? The general rule is that any item that could be considered either a gift or an entertainment expense must be considered an entertainment expense. However, if you give the tickets and do not attend the event yourself, you have the choice of determining whether an item is either a gift or entertainment expense. If you go with the client, you must treat the cost of the tickets as an entertainment expense — you have no choice.


Taking into account the $25 limit for gifts and the 50 percent limitation on entertainment expenses, it's generally better to treat a ticket expense as entertainment when it is over $50.


For example, let's say you gave a client football tickets that cost $140. If you deduct them as a gift expense, your deduction is limited to $25. If you deduct them as an entertainment expense, your deduction is $70. Conversely, if you gave a client tickets to a movie that cost $30, you would get a bigger deduction by claiming a gift expense ($25 as opposed to $15 for an entertainment expense).


Just more rules to follow. Please email if you have any questions.

YOU GET A BIGGER DEDUCTION FROM YOUR HOLIDAY PARTY

Who doesn't love a party? Holiday office parties are a fantastic way to show your employees you appreciate them. Showing appreciation for the people you work with every day is especially crucial during challenging economic times.

Let me get to the best part: The cost of throwing parties for your employees is 100 percent deductible. The food, the beverages, the decorations -- all those expenses can be deducted. The only caveats: The expenses must not be overly extravagant (e.g., champagne, caviar and lobster for a holiday luncheon), and the parties must be infrequent (weekly parties are likely to raise an eyebrow or two at the IRS).

Another common business practice is hosting holiday events for clients. Some choose to throw one big party; others opt to take individual clients out for a meal. Either way, when you entertain clients and potential clients, the tax benefit is the same: You may deduct only 50 percent of the cost. The requirements here are that the expenses not be extravagant, and business must be discussed or conducted either during or adjacent to the meal (e.g., going out to dinner after a meeting).

HAPPY HOLIDAYS

YEAR-END FLEX SPENDING AND HRA REMINDER

Check your flexible spending account balance. You must use all funds by December 31 if your employer has not adopted the 2½-month grace period that the IRS now permits. If you are in this situation, any money remaining in your account is forfeited.

Also remember to purchase over-the-counter drugs this year. For purchases after 2010, flex plans and HRAs can’t reimburse the cost of such medications. Payments will be allowed for prescriptions and insulin only. The same is true for payouts from health savings accounts.

Even if your FSA used the March 15th grace period, be aware that does not give you an extension to purchase over the courter meds. (If your flex plan uses a debit card, you have until January 15, 2011 to make the purchase.)

SKYPING FOR CONSULTATION

Larry,

I really enjoy reading your blog and you know the industry so well that I was hoping you could help me with an idea I have been thinking about. What is your opinion on Skyping consultations for new clients?

All the best,
June

June-
Thank you for the kind words. We have had some of our clients try Skyping for the initial consultation, however it did not work and they did not get the client in after that. Skyping is a great tool but for your initial consultation you need to feel, see and touch the client. You would not be able to detect scalp issues, detect thinning issues, etc with Skyping. Nor would the prospective client to feel the culture of your salon and really isn't what you want.

Here is a way that Skpying might help... what about Skpying a couple of days after the consultation or appointment to follow up with them to see how things are with their hair?

Please keep us posted if you do try Skyping.
Larry Kopsa CPA

YEAR-END CHARITABLE CONTRIBUTION REMINDER

Mail checks for deductible items before year-end to ensure a 2010 write-off. The tax rules allow you to claim the deduction this year even if the checks do not clear until January.

If you are charging deductible items, make sure you know the rules.

For charges that you make with a retail store credit card, you are allowed to claim the deduction for the item only in the tax year in which you pay the bill.

For transactions made with a bank credit card, you take the deduction in the tax year that you charged the goods, even if you pay the bill next year.

IRS Announces 2011 Standard Mileage Rates

The Internal Revenue Service today issued the 2011 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Beginning on Jan. 1, 2011, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

• 51 cents per mile for business miles driven
• 19 cents per mile driven for medical or moving purposes
• 14 cents per mile driven in service of charitable organizations

The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs as determined by the same study.

HOW MUCH DOES TURBO TAX COST YOU?

Did you know that millions of Americans who file their own tax returns pay the wrong amount? Just ask Treasury Secretary Tim Geithner, who missed $14,847 in self-employment tax using TurboTax to file his own return!

Tax-prep software helps you fill out the forms. But software is just a tool, not a solution. You still have to know how to use it. Sure, you can buy your own scalpel. But does that mean you should take out your own appendix?