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Ask the tax adviser

Tax Talk with George SaenzMarch 28, 2000 -- Today, the tax adviser discusses employer-paid tuition reimbursements and tax issues regarding commuting to work.

Higher education tax credits

Dear Tax Talk:
The company I work for has an education reimbursement program that pays for up to $4,000 in a qualified degree program. I'm registered in an MBA program and have exceeded this amount. First, I would like to know if I have to pay taxes on the reimbursed amounts. Second, I would like to know if I can deduct the amount that I've paid for.

Thanks,
Ann

Dear Ann:
Congress felt that too much education should not receive a tax benefit. So several years ago the legislators changed the law to provide that employer-paid graduate-level courses after June 30, 1996, are not excludable from an employee's income. Accordingly, your employer should include your tuition reimbursements in your wages and withhold taxes. Fortunately, however, you can claim the Lifetime Learning Credit for amounts you pay and the amounts included by your employer in wages.

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To find out more on the Lifetime Learning credit, check out the March 17 Tax Talk column, Bankrate.com's education credits basics, a recent Bankrate.com tax tip, and Form 8863 and Publication 970 from the Internal Revenue Service.

Deductible driving

Dear Tax Talk:
In my current job, I work about 120 miles from home, where I am a homeowner. I work a shift schedule that is 3 days on and 3 days off. Working 14 hours a day on my days on makes it impractical to commute during my "on shift." I maintain a small apartment where I stay during these three days. Are any of my living expenses while in my work area deductible or do I just have to suck it up and pony up to Uncle Sam?
Scott

Dear Tax Talk:
I travel 168 miles round trip each day to work. Can I claim the mileage? If so, what form would I use? Is there a standard rate? Thanks.
Ron

Dear Scott:
From your tone, I think you know you're going to have to suck it up or move closer. Travel expenses incurred while "away from home" are generally deductible as expenditures connected with the conduct of a business. However, in the situation you describe, IRS would treat the small apartment as your "tax home" and your choice to reside at a distant location as a personal consideration. Hence, the expenditures to maintain the small apartment are personal and therefore not deductible.

Similarly, Ron:
Commuting is a personal expenditure and not deductible. Unfortunately, because you have a longer commute than most people does not make the commute from home deductible.

 

-- Posted March 28, 2000

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