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George Saenz, the Bankrate.com Tax Talk columnistTax deduction for work-related PDA phone

Dear Tax Talk,
I am purchasing a PDA phone to use for work. I am an employee of this business and the phone will only be used for data purposes, meaning that it will be a portable Internet connection and no calls will ever be placed on this phone. I am interested in finding out if I can get a tax deduction for the cost of the phone and the monthly bill on my taxes. I have done some research and there are many different answers. Your help would be greatly appreciated.
Best,
-- Bryant

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Dear Bryant,
Employees can claim unreimbursed business expenses, if they are ordinary and necessary, as itemized deductions in the year paid or incurred. Employee business expenses are subject to reduction by 2 percent of adjusted gross income. An expense is ordinary if it is common and accepted in your trade, business or profession. An expense is necessary if it is appropriate and helpful to your business. An expense does not have to be required to be considered necessary.

There is a two-part means test you must pass before you can claim a depreciation deduction for a computer or cellular telephone that you use in your work as an employee.

You can claim a depreciation deduction if its use is:

You must consider all facts in determining if your use of the computer or cellular telephone is for the convenience of your employer. Use of either of these items during your regular working hours to carry on your employer's business is generally for the convenience of your employer.

A required condition of employment means that you cannot properly perform your duties without the computer or cellular telephone. Whether you can properly perform your duties without it depends on all the facts and circumstances. It is not necessary that your employer explicitly requires you to use your computer or cellular telephone. But neither is it enough that your employer merely states that your use of the item is a condition of your employment.

For example, let's imagine you are an engineer with an engineering firm. You occasionally take work home at night rather than work late at the office. You own and use a computer that is similar to the one you use at the office to complete your work at home. Since your use of the computer is not for the convenience of your employer and is not required as a condition of your employment, you cannot claim a depreciation deduction for it.

Depreciation, including Section 179 expense (complete write-off of equipment in year of purchase), should be claimed on Form 4562. You should also see Form 2106 instructions for claiming employee business expenses.

To ask a question on Tax Talk, go to the "Ask the Experts" page and select "taxes" as the topic.

Bankrate.com's corrections policy -- Posted: Oct. 3, 2006
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