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Frequently
Asked Questions
What should I do if I receive notice from the IRS
saying my return has been selected for audit?
After picking yourself up off the floor, consider hiring an experienced
tax professional to represent you at the audit. Often times, the mistake
made by taxpayers who represent themselves is saying something that causes
the auditor to look into issues other than those that they originally
intended to audit. IRS agents are trained to audit the taxpayer, not just
the return. Because of this frame of reference, some of the questions
asked by the auditor are hot buttons or emotional areas for the taxpayer.
To avoid the audit being based on emotions instead of facts, it is very
important that the person dealing with the agent be knowledgeable about
both the tax issues that may be raised and the system in which the auditor
must work. Your most important job is having complete documentation in
good order. This process starts when your return is filed, not when your
return is selected for audit. If you have knowingly understated your income
or grossly overstated your deductions, do not disclose this to anyone
but your attorney. An attorney is the only person having privileged communication.
Do I have any retirement plan options from my officiating
activity?
Yes. If youre being treated as an independent contractor, you may
be able to contribute to a retirement plan over and above what you are
doing now. The options and limitations available to you will vary based
on the rest of your tax facts. This area requires consultation with a
professional familiar with your situation and goals.
Are the officiating camps I attend
deductible?
Yes. Your education and training to stay current in your skills are directly
related to the business of officiating. Some of the expenses that might
be incurred include travel, meals (at 50%) and registration fees. Keep
careful record of these expenses at the time they are incurred.
Is all my mileage deductible if I leave my primary
employment and stop by home on the way to a game?
No. If you went home before you went to the game site, the miles from
home to the game site would be personal miles. A simple way of looking
at it is if you are going from one business location to another business
location, your miles are business. If you are leaving from your home,
the miles are personal. This gets even more complicated if your home is
also your business location (office in the home). The key to maximizing
this deduction is keeping good records of the use of your vehicle and
using common sense when traveling from your primary job to your officiating
assignments, meetings, etc.
If I receive my fee in cash do I have to report it?
Yes. Income is not determined based on how it is paid to you or how much
it is. If you provided services for the cash it is income to you. This
will be true even if you do not receive a Form 1099 for the income.
If I travel away from home overnight can I deduct
my spouses expenses if she or he travels with me?
No. Unless your spouse is officiating also, those expenses are personal.
Only your expenses are deductible.
Can I deduct my telephone for use in my officiating business?
Yes. At least you may deduct the long distance charges relating
to your business. If your home phone is also your business phone, the
monthly base fee is considered a personal expense first.
If I go to a game in the sport I officiate to watch
the officials can I deduct those expenses?
No. The expenses related to this activity will be personal and nondeductible.
The training you might gain is too ambiguous to be directly related to
your business.
Can I deduct my computer?
Yes and No. If you are officiating as an independent contractor, then
you should be able to deduct the business portion of your computer. If
you are officiating as an employee, the computer must be a condition of
employment before the business portion would be deductible.
How long should I keep my records?
For federal purposes you should keep proof to support your claim to a
deduction for as long as your income tax return can be examined. Generally,
it will be necessary for you to keep your records for three years from
the date you file the income tax return on which the deduction is claimed.
A return filed early is considered as filed on the due date. The statute
of limitations for state returns will vary by state. Check with your tax
advisor for your state requirement.
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