Dear Bonnie: I need help with an audit of my 2009 income tax return. The IRS is disallowing all of my job search expenses. And I swear, I only took those trips to find work. Okay, there might have been a little bit of personal time, you know, vacation, mixed in, but it was mostly to find a job. They didn’t seem to have a problem with that part of it.
I retired a long time ago but my pension shriveled when the economy tanked and my wife who had been working full time was forced to cut back due to health issues. To help make ends meet, I had to rejoin the workforce. My job hunt cost about $4,000. I have all my receipts and I even kept a copy of my resume, business cards and correspondence to and from prospective employers. I never did get a new job; they all told me I was too old. Is that why they aren’t letting me take the deduction? At least I’m out there looking. Doesn’t that count for anything? – Ken, Schellville
Dear Ken: Thanks for writing. According to the rules, job-search expenses are deductible even if you don’t get a new job. So I do believe the reason they aren’t allowing the deduction is because of one of the other rules. And that is: “There cannot be a substantial break between the ending of your last job and your looking for a new one.”
There are two other rules that job seekers in general should consider:
You can’t deduct expenses for a job search if you are looking for a job in a new occupation. So if you were a shoe salesman and you just finished your nursing degree and are now applying for nursing positions, you’re on your own with covering expenses.
You cannot deduct expenses for a job search if you are looking for a job for the very first time.
Congratulations on keeping all that paperwork, Ken. You need more than the credit card statement with your airfare and lodging expenses to prove that a trip was for business purposes. That’s why the IRS didn’t have a problem with the purpose of your trips. If you must drive to interviews, be sure to keep a mileage log, or a copy of the Mapquest printout in your tax file.
Let’s say you are looking for work and you actually qualify to deduct the expenses, here is what you may deduct:
Employment and outplacement agency fees. If you get the job and an employer reimburses you for the fees, you must declare that amount as income
Resume preparation expenses including postage and overnight mail charges
Fees you pay each year to keep a license active
Travel and transportation expenses – keep a mileage log. Note that travel expenses include any laundry or dry cleaning bills racked up while you’re on the road
Meals and lodging while away from home. Keep your receipts or use the per diem cited on the IRS website for the cities you visit
Education expenses to improve or maintain skills in your present occupation
These are the basic categories of expense but the list in not all-inclusive. The IRS allows any expense that is considered “ordinary and necessary,” as well as legal. In other words, bribing a person to hire you is considered an illegal activity, and the deduction will not be allowed.
I don’t believe the tax laws should be so strict, especially in this economy. If a person is out of work and is looking for a job, why can’t she write off the expenses of any job search? It shouldn’t matter if, like Ken, you’ve been out of the work force for a long time or if you’re looking for your first job. And what about folks who have to change occupations because there is no longer demand in their field? Aside from the unfairness of these exceptions, there’s the issue of consistency and simplicity of tax law. Did any of you out there know these exceptions exist?
I think it’s time to write to our representatives in Congress!
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