Pub. 17, Chapter 28 - Car Expenses & Other Employee Business Expenses
If you deduct travel, entertainment, business gift, or local
transportation expenses, you must be able to prove (substantiate)
certain elements of the expense. This section discusses the records
you need to keep to prove these expenses.
If
you keep timely and accurate records, you will have support to show
the IRS if your tax return is ever examined. You will also have proof
of expenses that your employer may require if you are reimbursed under
an accountable plan. These plans are discussed later under Reimbursements.
How To Prove Expenses
Table 28-2 is a summary of records you need to
prove each expense discussed in this chapter. You must be able to
prove the elements listed across the top of the chart. You prove them
by having the information and receipts (where needed) for the expenses
listed in the first column.
You
cannot deduct amounts that you approximate or estimate.
You should keep adequate records to prove your expenses or have sufficient
evidence that will support your own statement. You must generally prepare
a written record for it to be considered adequate. This is because written
evidence is more reliable than oral evidence alone. However, if you
prepare a record in a computer memory device with the aid of a logging
program, it is considered an adequate record.
Adequate Records
You should keep the proof you need in an account book, diary,
statement of expense, or similar record. You should also keep
documentary evidence that, together with your records, will support
each element of an expense.
Documentary evidence.
You generally must have documentary evidence, such as receipts,
canceled checks, or bills, to support your expenses.
Exception.
Documentary evidence is not needed if any of the following
conditions apply.
- You have meals or lodging expenses while traveling away from
home for which you account to your employer under an accountable plan
and you use a per diem allowance method that includes meals and/or
lodging. (Accountable plans and per diem allowances are discussed
later under Reimbursements.)
- Your expense, other than lodging, is less than $75.
- You have a transportation expense for which a receipt is not
readily available.
Adequate evidence.
Documentary evidence ordinarily will be considered adequate if it
shows the amount, date, place, and essential character of the expense.
For example, a hotel receipt is enough to support expenses for
business travel if it has all of the following information.
- The name and location of the hotel.
- The dates you stayed there.
- Separate amounts for charges such as lodging, meals, and
telephone calls.
A restaurant receipt is enough to prove an expense for a business
meal if it has all of the following information.
- The name and location of the restaurant.
- The number of people served.
- The date and amount of the expense.
If a charge is made for items other than food and beverages,
the receipt must show that this is the case.
Canceled check.
A canceled check, together with a bill from the payee, ordinarily
establishes the cost. However, a canceled check by itself does not
prove a business expense without other evidence to show that it was
for a business purpose.
Table 28-2. Elements to Prove
Duplicate information.
You do not have to record information in your account book or other
record that duplicates information shown on a receipt as long as your
records and receipts complement each other in an orderly manner.
You do not have to record amounts your employer pays directly for
any ticket or other travel item. However, if you charge these items to
your employer, through a credit card or otherwise, you must keep a
record of the amounts you spend.
Timely-kept records.
You should record the elements of an expense or of a business use
at or near the time of the expense or use and support it with
sufficient documentary evidence. A timely-kept record has more value
than a statement prepared later when generally there is a lack of
accurate recall.
You do not need to write down the elements of every expense on the
day of the expense. If you maintain a log on a weekly basis which
accounts for use during the week, the log is considered a timely-kept
record.
If you give your employer, client, or customer an expense account
statement, it can also be considered a timely-kept record. This is
true if you copy it from your account book, diary, statement of
expense, or similar record.
Proving business purpose.
You must generally provide a written statement of the business
purpose of an expense. However, the degree of proof varies according
to the circumstances in each case. If the business purpose of an
expense is clear from the surrounding circumstances, then you do not
need to give a written explanation.
Confidential information.
You do not need to put confidential information relating to an element
of a deductible expense (such as the place, business purpose, or business
relationship) in your account book, diary, or other record. However,
you do have to record the information elsewhere at or near the time
of the expense and have it available to fully prove that element of
the expense.
Incomplete Records
If you do not have complete records to prove an element of an
expense, then you must prove the element by:
- Your own written or oral statement, containing specific
information about the element, and
- Other supporting evidence that is sufficient to establish
the element.
Destroyed records.
If you cannot produce a receipt because of reasons beyond your control,
you can prove a deduction by reconstructing your records or expenses.
Reasons beyond your control include fire, flood, and other casualty.
Additional Rules
This section explains when expenses must be kept separate and when
expenses can be combined.
Separating expenses.
Each separate payment is generally considered a separate expense.
For example, if you entertain a customer or client at dinner and then
go to the theater, the dinner expense and the cost of the theater
tickets are two separate expenses. You must record them separately in
your records.
Combining items.
You can make one daily entry in your record for reasonable
categories of expenses. Examples are taxi fares, telephone calls, or
other incidental travel costs. Meals should be in a separate category.
You can include tips with the costs of the services you received.
Expenses of a similar nature occurring during the course of a
single event are considered a single expense. For example, if during
entertainment at a cocktail lounge, you pay separately for each
serving of refreshments, the total expense for the refreshments is
treated as a single expense.
Allocating total cost.
If you can prove the total cost of travel or entertainment but you
cannot prove how much it cost for each person who participated in the
event, you may have to allocate the total cost among you and your
guests on a pro rata basis. An allocation would be needed, for
example, if you did not have a business relationship with all of your
guests.
If your return is examined.
If your return is examined, you may have to provide additional
information to the IRS. This information could be needed to clarify or
to establish the accuracy or reliability of information contained in
your records, statements, testimony, or documentary evidence before a
deduction is allowed.
How Long To Keep Records and Receipts
You must keep records as long as they may be needed for the
administration of any provision of the Internal Revenue Code.
Generally, this means you must keep your records that support your
deduction (or an item of income) for 3 years from the date you file
the income tax return on which the deduction is claimed. A return
filed early is considered filed on the due date. For a more complete
explanation, get Publication 583,
Starting a Business and Keeping
Records.
Reimbursed for expenses.
Employees who give their records and documentation to their
employers and are reimbursed for their expenses generally do not have
to keep copies of this information. However, you may have to prove
your expenses if any of the following conditions apply.
- You claim deductions for expenses that are more than
reimbursements.
- Your expenses are reimbursed under a nonaccountable
plan.
- Your employer does not use adequate accounting procedures to
verify expense accounts.
- You are related to your employer, as defined earlier under
Standard Meal Allowance.
See the next section, How To Report, for a discussion of
reimbursements, adequate accounting, and nonaccountable plans.
Additional information.
Chapter 5 of Publication 463
has more information on recordkeeping,
including examples.
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