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           Publication 463
           Cat. No. 11081L                                                     Contents
                                                                               Future Developments        . . . . . . . . . . . . 2
Department 
of the     Travel,                                                             What's New   . . . . . . . . . . . . . . . . . . 2
Treasury
Internal                                                                       Reminder . . . . . . . . . . . . . . . . . . . . 2
Revenue    Gift, and Car
Service                                                                        Introduction . . . . . . . . . . . . . . . . . . 2
           Expenses                                                            Chapter  1.  Travel    . . . . . . . . . . . . . . 3
                                                                               Traveling Away From Home             . . . . . . . 3
                                                                                           Tax Home . . . . . . . . . . . . . . 3
                                                                                           Tax Home Different From 
           For use in preparing                                                            Family Home        . . . . . . . . . . 4
                                                                               Temporary Assignment or Job               . . . . . 4
                                                                               What Travel Expenses Are 
           2022 Returns                                                                    Deductible? . . . . . . . . . . . . . . 4
                                                                                           Meals  . . . . . . . . . . . . . . . . 5
                                                                                           Travel in the United States    . . . . 6
                                                                                           Travel Outside the United 
                                                                                           States     . . . . . . . . . . . . . . 7
                                                                                           Luxury Water Travel    . . . . . . . . 9
                                                                                           Conventions    . . . . . . . . . . . . 9
                                                                               Chapter  2.  Meals and 
                                                                               Entertainment . . . . . . . . . . . . .            10
                                                                               50% Limit    . . . . . . . . . . . . . . . .       11
                                                                                           Exception to the 50% Limit 
                                                                                           for Meals      . . . . . . . . . . .   12
                                                                               Chapter  3.  Gifts   . . . . . . . . . . . . . .   13
                                                                               Chapter  4.  Transportation . . . . . . . .        13
                                                                               Car Expenses         . . . . . . . . . . . . . .   14
                                                                                           Standard Mileage Rate      . . . . .   14
                                                                                           Actual Car Expenses    . . . . . . .   15
                                                                                           Leasing a Car . . . . . . . . . . .    22
                                                                               Disposition of a Car         . . . . . . . . . .   23
                                                                               Chapter  5.  Recordkeeping       . . . . . . . .   24
                                                                               How To Prove Expenses              . . . . . . .   24
                                                                                           What Are Adequate 
                                                                                           Records?       . . . . . . . . . . .   24
                                                                                           What if I Have Incomplete 
                                                                                           Records?       . . . . . . . . . . .   25
                                                                                           Separating and Combining 
                                                                                           Expenses . . . . . . . . . . .         25
                                                                                           How Long To Keep 
                                                                                           Records and Receipts . . . .           26
                                                                                           Examples of Records      . . . . . .   28
                                                                               Chapter  6.  How To Report . . . . . . . .         28
                                                                               Where To Report . . . . . . . . . . . .            28
                                                                                           Vehicle Provided by Your 
                                                                                           Employer       . . . . . . . . . . .   28
                                                                               Reimbursements . . . . . . . . . . . .             29
                                                                                           Accountable Plans . . . . . . . .      29
                                                                                           Nonaccountable Plans     . . . . . .   32
                                                                                           Rules for Independent 
                                                                                           Contractors and Clients        . . .   32
                                                                               How To Use Per Diem Rate 
                                                                                           Tables . . . . . . . . . . . . . . . . 33
                                                                                           The Two Substantiation 
                                                                                           Methods . . . . . . . . . . . .        33
                                                                                           Transition Rules   . . . . . . . . .   33
                                                                               Completing Form 2106             . . . . . . . .   33
              Get forms and other information faster and easier at:                        Special Rules . . . . . . . . . . .    34
              IRS.gov (English)         IRS.gov/Korean (한국어) 
              IRS.gov/Spanish (Español) IRS.gov/Russian (Pусский)          How To Get Tax Help        . . . . . . . . . . .   35
              IRS.gov/Chinese (中文)      IRS.gov/Vietnamese (Tiếng Việt) 
                                                                               Appendices   . . . . . . . . . . . . . . . . .     38

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Index . . . . . . . . . . . . . . . . . . . . . 40     2023. A special rule allows this 100% deduction           Your employer required you to return any 
                                                       for the full meal portion of a per diem rate or al-         excess reimbursement and you did so.
                                                       lowance.  See  Exception  to  the  50%  Limit  for        There is no amount shown with a code L in 
                                                       Meals in chapter 2 for more information.                    box 12 of your Form W-2, Wage and Tax 
Future Developments                                                                                                Statement.
For  the  latest  information  about  developments     Introduction                                              If you meet all of these conditions, there is no 
related to Pub. 463, such as legislation enacted                                                                 need  to  show  the  expenses  or  the  reimburse-
after it was published, go to IRS.gov/Pub463.          You  may  be  able  to  deduct  the  ordinary  and        ments on your return. If you would like more in-
                                                       necessary business-related expenses you have              formation on reimbursements and accounting to 
                                                       for:                                                      your employer, see chapter 6.
                                                          Travel,
What's New                                                Non-entertainment-related meals,                              If you meet these conditions and your 
                                                          Gifts, or                                            TIP      employer included reimbursements on 
Standard  mileage  rate.    For  2022,  the  stand-       Transportation.                                               your  Form  W-2  in  error,  ask  your  em-
                                                                                                                 ployer for a corrected Form W-2.
ard mileage rate for the cost of operating your        An ordinary expense is one that is common and 
car  for  business  use  is  58.5  cents  (0.585)  per accepted  in  your  trade  or  business.  A  neces-       Volunteers.   If  you  perform  services  as  a 
mile  from  January  1–June  30  and  62.5  cents      sary expense is one that is helpful and appropri-         volunteer worker for a qualified charity, you may 
(0.625) per mile from July 1–December 31.       Car    ate for your business. An expense doesn’t have            be able to deduct some of your costs as a chari-
expenses and use of the   standard mileage rate        to be required to be considered necessary.                table contribution. See Out-of-Pocket Expenses 
are explained in chapter 4.                            This publication explains:                                in Giving Services in Pub. 526, Charitable Con-
Depreciation  limits  on  cars,  trucks,  and             What expenses are deductible,                        tributions, for information on the expenses you 
vans. The  first-year  limit  on  the  depreciation       How to report them on your return,                   can deduct.
deduction, special depreciation allowance, and            What records you need to prove your ex-
section 179 deduction for vehicles acquired be-             penses, and                                          Comments  and  suggestions.      We  welcome 
fore September 28, 2017, and placed in service            How to treat any expense reimbursements              your comments about this publication and sug-
during 2022, is $11,200. The first-year limit on            you may receive.                                     gestions for future editions.
depreciation,  special  depreciation  allowance,                                                                 You  can  send  us  comments  through 
and section 179 deduction for vehicles acquired        Who  should  use  this  publication.       You            IRS.gov/FormComments. Or, you can write to:
after September 27, 2017, and placed in serv-          should  read  this  publication  if  you  are  an  em-
ice  during  2022  increases  to  $19,200.  If  you    ployee  or  a  sole  proprietor  who  has  busi-              Internal Revenue Service
elect not to claim a special depreciation allow-       ness-related  travel,  non-entertainment-related              Tax Forms and Publications
ance for a vehicle placed in service in 2022, the      meals, gift, or transportation expenses.                      1111 Constitution Ave. NW, IR-6526
amount increases to $11,200. Depreciation lim-                                                                       Washington, DC 20224
its are explained in chapter 4.                        Users  of  employer-provided  vehicles.       If 
                                                       an employer-provided vehicle was available for 
Section   179     deduction.    The     maximum        your use, you received a fringe benefit. Gener-           Although  we  can’t  respond  individually  to 
amount you can elect to deduct for most section        ally,  your  employer  must  include  the  value  of      each comment received, we do appreciate your 
179 property (including cars, trucks, and vans)        the use or availability of the vehicle in your in-        feedback  and  will  consider  your  comments  as 
you placed in service in tax years beginning in        come. However, there are exceptions if the use            we revise our tax forms, instructions, and publi-
2022 is $1,080,000. This limit is reduced by the       of  the  vehicle  qualifies  as  a  working  condition    cations. Don’t send tax questions, tax returns, 
amount by which the cost of section 179 prop-          fringe  benefit  (such  as  the  use  of  a  qualified    or payments to the above address.
erty  placed  in  service  during  the  tax  year  ex- nonpersonal use vehicle).
ceeds $2,700,000. Section 179 deduction      is ex-    A  working  condition  fringe  benefit  is  any           Getting  answers  to  your  tax  questions. 
plained in chapter 4.                                  property or service provided to you by your em-           If you have a tax question not answered by this 
   Also, the maximum section 179 expense de-           ployer, the cost of which would be allowable as           publication or the  How To Get Tax Help section 
duction for sport utility vehicles placed in serv-     an  employee  business  expense  deduction  if            at the end of this publication, go to the IRS In-
ice in tax years beginning in 2022 is $27,000.         you had paid for it.                                      teractive  Tax  Assistant  page  at    IRS.gov/ 
                                                       A  qualified  nonpersonal  use  vehicle  is  one          Help/ITA where you can find topics by using the 
                                                       that isn’t likely to be used more than minimally          search feature or viewing the categories listed.
                                                       for  personal  purposes  because  of  its  design.        Getting tax forms, instructions, and pub-
Reminder                                               See  Qualified  nonpersonal  use  vehicles  under         lications.   Go  to IRS.gov/Forms  to  download 
Photographs of missing children.        The IRS is     Actual Car Expenses in chapter 4.                         current  and  prior-year  forms,  instructions,  and 
a  proud  partner  with  the National  Center  for     For information on how to report your car ex-             publications.
Missing & Exploited Children® (NCMEC). Pho-            penses that your employer didn’t provide or re-
tographs  of  missing  children  selected  by  the     imburse you for (such as when you pay for gas             Ordering  tax  forms,  instructions,  and 
Center may appear in this publication on pages         and maintenance for a car your employer pro-              publications. Go  to    IRS.gov/OrderForms  to 
that  would  otherwise  be  blank.  You  can  help     vides), see Vehicle Provided by Your Employer             order  current  forms,  instructions,  and  publica-
bring  these  children  home  by  looking  at  the     in chapter 6.                                             tions;  call  800-829-3676  to  order  prior-year 
photographs   and     calling     800-THE-LOST                                                                   forms  and  instructions.  The  IRS  will  process 
(800-843-5678) if you recognize a child.               Who  doesn’t  need  to  use  this  publication.           your  order  for  forms  and  publications  as  soon 
                                                       Partnerships, corporations, trusts, and employ-           as possible. Don’t resubmit requests you’ve al-
Per  diem  rates. Current  and  prior  per  diem       ers who reimburse their employees for business            ready sent us. You can get forms and publica-
rates may be found on the U.S. General Serv-           expenses  should  refer  to  the  instructions  for       tions faster online.
ices Administration (GSA) website at GSA.gov/          their required tax forms and chapter 11 of Pub. 
travel/plan-book/per-diem-rates.                       535, Business Expenses, for information on de-            Useful Items
Temporary  deduction  of  100%  business               ducting travel, meals, and entertainment expen-           You may want to see:
meals. A 100% deduction is allowed for certain         ses.
business meals paid or incurred after 2020 and         If  you  are  an  employee,  you  won’t  need  to         Publication
before  2023.  See 50%  Limit  in  chapter  2  for     read  this  publication  if  all  of  the  following  are 
more information.                                      true.                                                         535  535 Business Expenses
Temporary 100% deduction of the full meal                 You fully accounted to your employer for                 946  946 How To Depreciate Property
portion of a per diem rate or allowance.        A           your work-related expenses.
100% deduction is allowed for certain business            You received full reimbursement for your 
meals  paid  or  incurred  after  2020  and  before         expenses.
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Form (and Instructions)                                                                                           scheduled  round-trip  run  between  two  cities        Example.     You live in Cincinnati where you 
                                                                                                                  and return home 16 hours later. During the run,         have a seasonal job for 8 months each year and 
    Schedule A (Form 1040)                           Schedule A (Form 1040) Itemized                              you  have  6  hours  off  at  your  turnaround  point   earn $40,000. You work the other 4 months in 
      Deductions                                                                                                  where you eat two meals and rent a hotel room           Miami,  also  at  a  seasonal  job,  and  earn 
    Schedule C (Form 1040)                                                  Schedule C (Form 1040) Profit or Loss to get necessary sleep before starting the return       $15,000. Cincinnati is your main place of work 
      From Business                                                                                               trip. You are considered to be away from home.          because you spend most of your time there and 
                                                                                                                                                                          earn most of your income there.
    Schedule F (Form 1040)    Schedule F (Form 1040) Profit or Loss                                               Example  2.   You  are  a  truck  driver.  You 
      From Farming                                                                                                leave  your  terminal  and  return  to  it  later  the  No  main  place  of  business  or  work. You 
    2106 2106 Employee Business Expenses                                                                          same  day.  You  get  an  hour  off  at  your  turn-    may have a tax home even if you don’t have a 
                                                                                                                  around  point  to  eat.  Because  you  aren’t  off  to  regular  or  main  place  of  work.  Your  tax  home 
    4562 4562 Depreciation and Amortization                                                                       get necessary sleep and the brief time off isn’t        may be the home where you regularly live.
                                                                                                                  an  adequate  rest  period,  you  aren’t  traveling 
See How To Get Tax Help for information about                                                                     away from home.                                         Factors  used  to  determine  tax  home.      If 
getting these publications and forms.                                                                                                                                     you don’t have a regular or main place of busi-
                                                                                                                  Members of the Armed Forces.      If you are a          ness or work, use the following three factors to 
                                                                                                                  member of the U.S. Armed Forces on a perma-             determine where your tax home is.
                                                                                                                  nent duty assignment overseas, you aren’t trav-         1. You perform part of your business in the 
                                                                                                                  eling  away  from  home.  You  can’t  deduct  your          area of your main home and use that 
                                                                                                                  expenses for meals and lodging. You can’t de-               home for lodging while doing business in 
                                                                                                                  duct these expenses even if you have to main-               the area.
1.                                                                                                                tain a home in the United States for your family 
                                                                                                                  members who aren’t allowed to accompany you             2. You have living expenses at your main 
                                                                                                                  overseas.  If  you  are  transferred  from  one  per-       home that you duplicate because your 
                                                                                                                  manent duty station to another, you may have                business requires you to be away from 
Travel                                                                                                            deductible  moving  expenses,  which  are  ex-              that home.
                                                                                                                  plained in Pub. 521, Moving Expenses.                   3. You haven’t abandoned the area in which 
If  you  temporarily  travel  away  from  your  tax                                                               A naval officer assigned to permanent duty                  both your historical place of lodging and 
home, you can use this chapter to determine if                                                                    aboard a ship that has regular eating and living            your claimed main home are located; you 
you have deductible travel expenses.                                                                              facilities  has  a  tax  home  (explained  next)            have a member or members of your family 
This chapter discusses:                                                                                           aboard the ship for travel expense purposes.                living at your main home; or you often use 
  Traveling away from home,                                                                                                                                                 that home for lodging.
  Temporary assignment or job, and                                                                              Tax Home                                                If you satisfy all three factors, your tax home 
  What travel expenses are deductible.                                                                                                                                  is the home where you regularly live. If you sat-
It also discusses the standard meal allowance,                                                                    To  determine  whether  you  are  traveling  away       isfy only two factors, you may have a tax home 
rules  for  travel  inside  and  outside  the  United                                                             from  home,  you  must  first  determine  the  loca-    depending on all the facts and circumstances. If 
States, luxury water travel, and deductible con-                                                                  tion of your tax home.                                  you satisfy only one factor, you are an itinerant; 
vention expenses.                                                                                                                                                         your  tax  home  is  wherever  you  work  and  you 
                                                                                                                  Generally,  your  tax  home  is  your  regular          can’t deduct travel expenses.
Travel  expenses  defined.    For  tax  purposes,                                                                 place of business or post of duty, regardless of 
travel expenses are the ordinary and necessary                                                                    where  you  maintain  your  family  home.  It  in-      Example 1.    You are single and live in Bos-
expenses of traveling away from home for your                                                                     cludes  the  entire  city  or  general  area  in  which ton in an apartment you rent. You have worked 
business, profession, or job.                                                                                     your business or work is located.                       for  your  employer  in  Boston  for  a  number  of 
An ordinary expense is one that is common                                                                                                                                 years. Your employer enrolls you in a 12-month 
and accepted in your trade or business. A nec-                                                                    If you have more than one regular place of              executive training program. You don’t expect to 
essary expense is one that is helpful and appro-                                                                  business, your tax home is your main place of           return to work in Boston after you complete your 
priate  for  your  business.  An  expense  doesn’t                                                                business. See Main place of business or work,           training.
have  to  be  required  to  be  considered  neces-                                                                later.                                                  During your training, you don’t do any work 
sary.                                                                                                                                                                     in Boston. Instead, you receive classroom and 
                                                                                                                  If you don’t have a regular or a main place of          on-the-job  training  throughout  the  United 
You  will  find  examples  of  deductible  travel                                                                 business  because  of  the  nature  of  your  work,     States. You keep your apartment in Boston and 
expenses in Table 1-1.                                                                                            then your tax home may be the place where you           return to it frequently. You use your apartment 
                                                                                                                  regularly live. See No main place of business or        to  conduct  your  personal  business.  You  also 
                                                                                                                  work, later.                                            keep  up  your  community  contacts  in  Boston. 
Traveling Away From                                                                                                                                                       When  you  complete  your  training,  you  are 
                                                                                                                  If you don’t have a regular or main place of            transferred to Los Angeles.
Home                                                                                                              business or post of duty and there is no place          You  don’t  satisfy  factor  (1)  because  you 
                                                                                                                  where you regularly live, you are considered an         didn’t work in Boston. You satisfy factor (2) be-
You are traveling away from home if:                                                                              itinerant  (a  transient)  and  your  tax  home  is     cause  you  had  duplicate  living  expenses.  You 
  Your duties require you to be away from                                                                       wherever  you  work.  As  an  itinerant,  you  can’t    also satisfy factor (3) because you didn’t aban-
    the general area of your tax home (defined                                                                    claim a travel expense deduction because you            don  your  apartment  in  Boston  as  your  main 
    later) substantially longer than an ordinary                                                                  are never considered to be traveling away from          home, you kept your community contacts, and 
    day's work, and                                                                                               home.                                                   you  frequently  returned  to  live  in  your  apart-
  You need to sleep or rest to meet the de-
                                                                                                                                                                          ment. Therefore, you have a tax home in Bos-
    mands of your work while away from                                                                            Main place of business or work.   If you have           ton.
    home.                                                                                                         more than one place of work, consider the fol-
This  rest  requirement  isn’t  satisfied  by  merely                                                             lowing  when  determining  which  one  is  your         Example  2.   You  are  an  outside  salesper-
napping in your car. You don’t have to be away                                                                    main place of business or work.                         son  with  a  sales  territory  covering  several 
from  your  tax  home  for  a  whole  day  or  from                                                                 The total time you ordinarily spend in each         states.  Your  employer's  main  office  is  in  New-
dusk to dawn as long as your relief from duty is                                                                      place.                                              ark, but you don’t conduct any business there. 
long enough to get necessary sleep or rest.                                                                         The level of your business activity in each         Your work assignments are temporary, and you 
                                                                                                                      place.                                              have no way of knowing where your future as-
Example  1.   You  are  a  railroad  conductor.                                                                     Whether your income from each place is              signments will be located. You have a room in 
You  leave  your  home  terminal  on  a  regularly                                                                    significant or insignificant.
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your married sister's house in Dayton. You stay          is realistically expected to last (and does in fact          Example  2.     The  facts  are  the  same  as  in 
there for one or two weekends a year, but you            last) for 1 year or less.                                    Example 1, except that you realistically expec-
do no work in the area. You don’t pay your sis-          However, if your assignment or job is indefi-                ted the work in Fresno to last 18 months. The 
ter for the use of the room.                             nite,  the  location  of  the  assignment  or  job  be-      job was actually completed in 10 months.
You don’t satisfy any of the three factors lis-          comes your new tax home and you can’t deduct                 Your job in Fresno is indefinite because you 
ted earlier. You are an itinerant and have no tax        your  travel  expenses  while  there.  An  assign-           realistically  expected  the  work  to  last  longer 
home.                                                    ment or job in a single location is considered in-           than 1 year, even though it actually lasted less 
                                                         definite  if  it  is  realistically  expected  to  last  for than 1 year. You can’t deduct any travel expen-
Tax Home Different From                                  more than 1 year, whether or not it actually lasts           ses you had in Fresno because Fresno became 
                                                         for more than 1 year.                                        your tax home.
Family Home                                              If your assignment is indefinite, you must in-
                                                         clude in your income any amounts you receive                 Example  3.     The  facts  are  the  same  as  in 
If  you  (and  your  family)  don’t  live  at  your  tax from your employer for living expenses, even if              Example 1, except that you realistically expec-
home  (defined  earlier),  you  can’t  deduct  the       they are called “travel allowances” and you ac-              ted the work in Fresno to last 9 months. After 8 
cost  of  traveling  between  your  tax  home  and       count  to  your  employer  for  them.  You  may  be          months, however, you were asked to remain for 
your  family  home.  You  also  can’t  deduct  the       able to deduct the cost of relocating to your new            7  more  months  (for  a  total  actual  stay  of  15 
cost  of  meals  and  lodging  while  at  your  tax      tax home as a moving expense. See Pub. 521                   months).
home. See Example 1, later.                              for more information.                                        Initially, you realistically expected the job in 
                                                                                                                      Fresno to last for only 9 months. However, due 
If  you  are  working  temporarily  in  the  same                For  tax  years  beginning  after  Decem-            to  changed  circumstances  occurring  after  8 
city where you and your family live, you may be          !       ber 2017 and before January 2026, the                months, it was no longer realistic for you to ex-
considered  as  traveling  away  from  home.  See        CAUTION deduction of certain moving expenses                 pect that the job in Fresno would last for 1 year 
Example 2, later.                                        is suspended for nonmilitary taxpayers. In order             or less. You can deduct only your travel expen-
                                                         to  deduct  certain  moving  expenses,  you  must            ses for the first 8 months. You can’t deduct any 
Example 1.  You are a truck driver and you               be an active member of the military and moving               travel expenses you had after that time because 
and  your  family  live  in  Tucson.  You  are  em-      due to a permanent change of duty station.                   Fresno became your tax home when the job be-
ployed by a trucking firm that has its terminal in                                                                    came indefinite.
Phoenix. At the end of your long runs, you re-           Exception  for  federal  crime  investigations 
turn  to  your  home  terminal  in  Phoenix  and         or  prosecutions. If  you  are  a  federal  em-              Going  home  on  days  off.  If  you  go  back  to 
spend  one  night  there  before  returning  home.       ployee participating in a federal crime investiga-           your tax home from a temporary assignment on 
You  can’t  deduct  any  expenses  you  have  for        tion  or  prosecution,  you  aren’t  subject  to  the        your days off, you aren’t considered away from 
meals  and  lodging  in  Phoenix  or  the  cost  of      1-year rule. This means you may be able to de-               home  while  you  are  in  your  hometown.  You 
traveling  from  Phoenix  to  Tucson.  This  is  be-     duct travel expenses even if you are away from               can’t deduct the cost of your meals and lodging 
cause Phoenix is your tax home.                          your  tax  home  for  more  than  1  year  provided          there. However, you can deduct your travel ex-
                                                         you meet the other requirements for deductibil-              penses,  including  meals  and  lodging,  while 
Example  2. Your  family  home  is  in  Pitts-           ity.                                                         traveling between your temporary place of work 
burgh,  where  you  work  12  weeks  a  year.  The       For you to qualify, the Attorney General (or                 and your tax home. You can claim these expen-
rest of the year you work for the same employer          their designee) must certify that you are travel-            ses up to the amount it would have cost you to 
in Baltimore. In Baltimore, you eat in restaurants       ing:                                                         stay at your temporary place of work.
and  sleep  in  a  rooming  house.  Your  salary  is        For the federal government;                             If you keep your hotel room during your visit 
the same whether you are in Pittsburgh or Balti-            In a temporary duty status; and                         home,  you  can  deduct  the  cost  of  your  hotel 
more.                                                       To investigate, prosecute, or provide sup-              room. In addition, you can deduct your expen-
Because  you  spend  most  of  your  working                  port services for the investigation or prose-           ses  of  returning  home  up  to  the  amount  you 
time and earn most of your salary in Baltimore,               cution of a federal crime.                              would have spent for meals had you stayed at 
that city is your tax home. You can’t deduct any                                                                      your temporary place of work.
expenses  you  have  for  meals  and  lodging            Determining  temporary  or  indefinite.      You 
there.  However,  when  you  return  to  work  in        must  determine  whether  your  assignment  is               Probationary  work  period.  If  you  take  a  job 
Pittsburgh,  you  are  away  from  your  tax  home       temporary  or  indefinite  when  you  start  work.  If       that requires you to move, with the understand-
even though you stay at your family home. You            you  expect  an  assignment  or  job  to  last  for  1       ing that you will keep the job if your work is sat-
can deduct the cost of your round trip between           year  or  less,  it  is  temporary  unless  there  are       isfactory during a probationary period, the job is 
Baltimore and Pittsburgh. You can also deduct            facts  and  circumstances  that  indicate  other-            indefinite. You can’t deduct any of your expen-
your  part  of  your  family's  living  expenses  for    wise. An assignment or job that is initially tem-            ses for meals and lodging during the probation-
non-entertainment-related  meals  and  lodging           porary  may  become  indefinite  due  to  changed            ary period.
while you are living and working in Pittsburgh.          circumstances. A series of assignments to the 
                                                         same location, all for short periods but that to-
                                                         gether cover a long period, may be considered                What Travel Expenses 
Temporary                                                an indefinite assignment.
                                                         The following examples illustrate whether an                 Are Deductible?
Assignment or Job                                        assignment or job is temporary or indefinite.
                                                                                                                      Once you have determined that you are travel-
You  may  regularly  work  at  your  tax  home  and      Example 1. You are a construction worker.                    ing  away  from  your  tax  home,  you  can  deter-
also  work  at  another  location.  It  may  not  be     You live and regularly work in Los Angeles. You              mine what travel expenses are deductible.
practical  to  return  to  your  tax  home  from  this   are a member of a trade union in Los Angeles 
other location at the end of each workday.               that helps you get work in the Los Angeles area.             You can deduct ordinary and necessary ex-
                                                         Your  tax  home  is  Los  Angeles.  Because  of  a           penses  you  have  when  you  travel  away  from 
Temporary  assignment  vs.  indefinite  as-              shortage of work, you took a job on a construc-              home  on  business.  The  type  of  expense  you 
signment. If your assignment or job away from            tion project in Fresno. Your job was scheduled               can deduct depends on the facts and your cir-
your main place of work is temporary, your tax           to end in 8 months. The job actually lasted 10               cumstances.
home  doesn’t  change.  You  are  considered  to         months.
be  away  from  home  for  the  whole  period  you       You realistically expected the job in Fresno                 Table 1-1 summarizes travel expenses you 
are  away  from  your  main  place  of  work.  You       to last 8 months. The job actually did last less             may be able to deduct. You may have other de-
can deduct your travel expenses if they other-           than 1 year. The job is temporary and your tax               ductible  travel  expenses  that  aren’t  covered 
wise qualify for deduction. Generally, a tempo-          home is still in Los Angeles.                                there, depending on the facts and your circum-
rary assignment in a single location is one that                                                                      stances.

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Table 1-1. Travel Expenses You Can Deduct                                                                on the trip is necessary to the conduct of your 
                                                                                                         business.  Your  spouse’s  expenses  aren’t  de-
            This chart summarizes expenses you can deduct when you travel away from                      ductible.
            home for business purposes.                                                                     You  pay  $199  a  day  for  a  double  room.  A 
                                                                                                         single room costs $149 a day. You can deduct 
IF you have                                                                                              the total cost of driving your car to and from Chi-
expenses for...     THEN you can deduct the cost of...                                                   cago, but only $149 a day for your hotel room. If 
                                                                                                         both you and your spouse use public transpor-
transportation      travel by airplane, train, bus, or car between your home and your                    tation, you can only deduct your fare.
                    business destination. If you were provided with a free ticket or you are 
                    riding free as a result of a frequent traveler or similar program, your 
                    cost is zero. If you travel by ship, see Luxury Water Travel and Cruise              Meals
                    Ships under Conventions, later, for additional rules and limits.
                                                                                                         You can deduct the cost of meals if it is neces-
taxi, commuter bus, fares for these and other types of transportation that take you between:             sary for you to stop for substantial sleep or rest 
and airport                 The airport or station and your hotel; and                                 to  properly  perform  your  duties  while  traveling 
limousine                   The hotel and the work location of your customers or clients, your         away from home on business. Meal and enter-
                              business meeting place, or your temporary work location.                   tainment expenses are discussed in chapter 2.
baggage and         sending baggage and sample or display material between your 
shipping            regular and temporary work locations.                                                Lavish  or  extravagant. You  can't  deduct  ex-
                                                                                                         penses for meals that are lavish or extravagant. 
car                 operating and maintaining your car when traveling away from home on                  An expense isn't considered lavish or extrava-
                    business. You can deduct actual expenses or the standard mileage                     gant if it is reasonable based on the facts and 
                    rate, as well as business-related tolls and parking. If you rent a car               circumstances.  Meal  expenses  won't  be  disal-
                    while away from home on business, you can deduct only the                            lowed  merely  because  they  are  more  than  a 
                    business-use portion of the expenses.                                                fixed dollar amount or because the meals take 
                                                                                                         place at deluxe restaurants, hotels, or resorts.
lodging and meals   your lodging and non-entertainment-related meals if your business trip 
                    is overnight or long enough that you need to stop for sleep or rest to               50% limit on meals. You can figure your meal 
                    properly perform your duties. Meals include amounts spent for food,                  expenses using either of the following methods.
                    beverages, taxes, and related tips. See Meals, later, for additional                  Actual cost.
                    rules and limits.                                                                     The standard meal allowance.
cleaning            dry cleaning and laundry.                                                            Both  of  these  methods  are  explained  below. 
telephone           business calls while on your business trip. This includes business                   But, regardless of the method you use, you can 
                    communication by fax machine or other communication devices.                         generally deduct only 50% of the unreimbursed 
                                                                                                         cost  of  your  meals.  However,  you  can  deduct 
tips                tips you pay for any expenses in this chart.                                         100%  of  your  meal  expenses  if  the  meals  are 
other               other similar ordinary and necessary expenses related to your                        food  and  beverages  provided  by  a  restaurant, 
                    business travel. These expenses might include transportation to or                   and paid or incurred after December 31, 2020, 
                    from a business meal, public stenographer's fees, computer rental                    and  before  January  1,  2023.  See   IRS.gov/
                    fees, and operating and maintaining a house trailer.                                 Newsroom/IRS-Provides-Guidance-on-Per-
                                                                                                         Diem-Rates-and-the-Temporary-100-Percent-
        When  you  travel  away  from  home  on      1. Is your employee,                                Deduction-for-Food-or-Beverages-From-
                                                                                                         Restaurants for additional information.
        business, you must keep records of all       2. Has a bona fide business purpose for the            If  you  are  reimbursed  for  the  cost  of  your 
RECORDS the expenses you have and any advan-
ces  you  receive  from  your  employer.  You  can   travel, and                                         meals, how you apply the 50% limit depends on 
use a log, diary, notebook, or any other written     3. Would otherwise be allowed to deduct the         whether  your  employer's  reimbursement  plan 
record  to  keep  track  of  your  expenses.  The    travel expenses.                                    was  accountable  or  nonaccountable.  If  you 
types  of  expenses  you  need  to  record,  along                                                       aren’t reimbursed, the 50% limit applies even if 
with  supporting  documentation,  are  described     Business  associate. If  a  business  asso-         the unreimbursed meal expense is for business 
in Table 5-1 (see chapter 5).                        ciate travels with you and meets the conditions     travel.  Chapter  2  discusses  the 50%  Limit  in 
                                                     in (2) and (3) above, you can deduct the travel     more detail, and chapter 6 discusses accounta-
                                                     expenses you have for that person. A business       ble and nonaccountable plans.
Separating  costs. If  you  have  one  expense       associate is someone with whom you could rea-
that includes the costs of non-entertainment-re-     sonably expect to actively conduct business. A      Actual Cost
lated meals, entertainment, and other services       business  associate  can  be  a  current  or  pro-
(such as lodging or transportation), you must al-    spective  (likely  to  become)  customer,  client, 
locate  that  expense  between  the  cost  of        supplier,  employee,  agent,  partner,  or  profes- You can use the actual cost of your meals to fig-
non-entertainment-related meals, and entertain-      sional advisor.                                     ure  the  amount  of  your  expense  before  reim-
ment and the cost of other services. You must                                                            bursement  and  application  of  the  50%  deduc-
have a reasonable basis for making this alloca-      Bona fide business purpose.     A bona fide         tion limit. If you use this method, you must keep 
tion.  For  example,  you  must  allocate  your  ex- business purpose exists if you can prove a real     records of your actual cost.
penses if a hotel includes one or more meals in      business purpose for the individual's presence. 
its room charge.                                     Incidental services, such as typing notes or as-    Standard Meal Allowance
                                                     sisting in entertaining customers, aren’t enough 
Travel expenses for another individual. If a         to make the expenses deductible.
spouse,  dependent,  or  other  individual  goes                                                         Generally,  you  can  use  the  “standard  meal  al-
with you (or your employee) on a business trip       Example. You  drive  to  Chicago  on  busi-         lowance” method as an alternative to the actual 
or to a business convention, you generally can’t     ness  and  take  your  spouse  with  you.  Your     cost method. It allows you to use a set amount 
deduct their travel expenses.                        spouse isn’t your employee. Your spouse occa-       for  your  daily  meals  and  incidental  expenses 
                                                     sionally types notes, performs similar services,    (M&IE), instead of keeping records of your ac-
   Employee. You  can  deduct  the  travel  ex-      and  accompanies  you  to  luncheons  and  din-     tual costs. The set amount varies depending on 
penses  of  someone  who  goes  with  you  if  that  ners.  The  performance  of  these  services        where and when you travel. In this publication, 
person:                                              doesn’t  establish  that  your  spouse’s  presence  “standard meal allowance” refers to the federal 
                                                                                                         rate for M&IE, discussed later under  Amount of 
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standard meal allowance. If you use the stand-         Amount  of  standard  meal  allowance.        The        must use the special rate (and not use the regu-
ard meal allowance, you must still keep records        standard  meal  allowance  is  the  federal  M&IE        lar  standard  meal  allowance  rates)  for  all  trips 
to prove the time, place, and business purpose         rate. For travel in 2022, the rate for most small        you take that year.
of your travel. See the recordkeeping rules for        localities in the United States is $59 per day.
travel in chapter 5.                                   Most major cities and many other localities              Travel for days you depart and return.      For 
                                                       in  the  United  States  are  designated  as             both the day you depart for and the day you re-
Incidental expenses. The term “incidental ex-          high-cost  areas,  qualifying  for  higher  standard     turn from a business trip, you must prorate the 
penses” means fees and tips given to porters,          meal allowances.                                         standard  meal  allowance  (figure  a  reduced 
baggage carriers, hotel staff, and staff on ships.                                                              amount for each day). You can do so by one of 
Incidental expenses don’t include expenses                    You  can  find  this  information  (organ-        two methods.
for  laundry,  cleaning  and  pressing  of  clothing,         ized  by  state)  at GSA.gov/travel/plan-         Method 1: You can claim  /  of the stand-3 4
lodging taxes, costs of telegrams or telephone                book/per-diem-rates.  Enter  a  zip  code           ard meal allowance.
calls, transportation between places of lodging        or select a city and state for the per diem rates        Method 2: You can prorate using any 
or business and places where meals are taken,          for  the  current  fiscal  year.  Per  diem  rates  for    method that you consistently apply and 
or the mailing cost of filing travel vouchers and      prior  fiscal  years  are  available  by  using  the       that is in accordance with reasonable busi-
paying  employer-sponsored  charge  card  bill-        drop-down menu.                                            ness practice.
ings.                                                  If you travel to more than one location in one 
                                                       day,  use  the  rate  in  effect  for  the  area  where  Example.    You  are  employed  in  New  Or-
Incidental-expenses-only  method.       You  can       you  stop  for  sleep  or  rest.  If  you  work  in  the leans  as  a  convention  planner.  In  March,  your 
use an optional method (instead of actual cost)        transportation  industry,  however,  see Special         employer sent you on a 3-day trip to Washing-
for  deducting  incidental  expenses  only.  The       rate for transportation workers, later.                  ton, DC, to attend a planning seminar. You left 
amount of the deduction is $5 a day. You can                                                                    your home in New Orleans at 10 a.m. on Wed-
use this method only if you didn’t pay or incur        Federal  government's  fiscal  year.           Per       nesday and arrived in Washington, DC, at 5:30 
any meal expenses. You can’t use this method           diem  rates  are  listed  by  the  federal  govern-      p.m.  After  spending  2  nights  there,  you  flew 
on any day that you use the standard meal al-          ment's fiscal year, which runs from October 1 to         back  to  New  Orleans  on  Friday  and  arrived 
lowance. This method is subject to the proration       September 30. You can choose to use the rates            back home at 8 p.m. Your employer gave you a 
rules  for  partial  days.  See Travel  for  days  you from the 2021 fiscal year per diem tables or the         flat  amount  to  cover  your  expenses  and  inclu-
depart and return, later, in this chapter.             rates from the 2022 fiscal year tables, but you          ded it with your wages.
                                                       must  consistently  use  the  same  tables  for  all     Under Method 1, you can claim 2 /  days of 1 2
Note.          The   incidental-expenses-only          travel you are reporting on your income tax re-          the  standard  meal  allowance  for  Washington, 
method isn’t subject to the 50% limit discussed        turn for the year. See Transition Rules, later.          DC:  /  of the daily rate for Wednesday and Fri-3 4
                                                                                                                day (the days you departed and returned), and 
below.                                                 Standard meal allowance for areas out-                   the full daily rate for Thursday.
          Federal employees should refer to the        side  the  continental  United  States.       The        Under Method  2,  you  could  also  use  any 
!         Federal Travel Regulations at GSA.gov        standard meal allowance rates above don’t ap-            method that you apply consistently and that is in 
CAUTION   for  changes  affecting  claims  for  reim-  ply to travel in Alaska, Hawaii, or any other loca-      accordance with reasonable business practice. 
bursement.                                             tion outside the continental United States. The          For  example,  you  could  claim  3  days  of  the 
                                                       Department  of  Defense  establishes  per  diem          standard meal allowance even though a federal 
50% limit may apply. If you use the standard           rates for Alaska, Hawaii, Puerto Rico, American          employee would have to use       Method 1 and be 
meal  allowance  method  for  non-entertain-           Samoa,  Guam,  Midway,  the  Northern  Mariana           limited to only 2 /  days.1 2
ment-related meal expenses and you aren’t re-          Islands,  the  U.S.  Virgin  Islands,  Wake  Island, 
imbursed or you are reimbursed under a nonac-          and  other  non-foreign  areas  outside  the  conti-
countable  plan,  you  can  generally  deduct  only    nental United States. The Department of State            Travel in the United States
50% of the standard meal allowance. If you are         establishes per diem rates for all other foreign 
reimbursed under an accountable plan and you           areas.                                                   The following discussion applies to travel in the 
are deducting amounts that are more than your                 You  can  access  per  diem  rates  for           United  States.  For  this  purpose,  the  United 
reimbursements,  you  can  deduct  only  50%  of              non-foreign areas outside the continen-           States includes the 50 states and the District of 
the excess amount. The 50% Limit is discussed                 tal  United  States  at Travel.dod.mil/           Columbia. The treatment of your travel expen-
in  more  detail  in  chapter  2,  and accountable     Travel-Transportation-Rates/Per-Diem/Per-                ses  depends  on  how  much  of  your  trip  was 
and nonaccountable  plans  are  discussed  in          Diem-Rate-Lookup/.  You  can  access  all  other         business related and on how much of your trip 
chapter 6.                                             foreign  per  diem  rates  at aoprals.state.gov/         occurred  within  the  United  States.  See Part  of 
          There  is  no  optional  standard  lodging   web920/per_diem.asp.                                     Trip Outside the United States, later.

!         amount similar to the standard meal al-      Special  rate  for  transportation  workers.             Trip Primarily for Business
CAUTION   lowance.  Your  allowable  lodging  ex-
pense deduction is your actual cost.                   You can use a special standard meal allowance 
                                                       if  you  work  in  the  transportation  industry.  You   You  can  deduct  all  of  your  travel  expenses  if 
                                                       are in the transportation industry if your work:         your  trip  was  entirely  business  related.  If  your 
Who can use the standard meal allowance.               Directly involves moving people or goods               trip was primarily for business and, while at your 
You  can  use  the  standard  meal  allowance            by airplane, barge, bus, ship, train, or               business  destination,  you  extended  your  stay 
whether you are an employee or self-employed,            truck; and                                             for a vacation, made a personal side trip, or had 
and whether or not you are reimbursed for your         Regularly requires you to travel away from             other  personal  activities,  you  can  deduct  only 
traveling expenses.                                      home and, during any single trip, usually              your  business-related  travel  expenses.  These 
                                                         involves travel to areas eligible for different        expenses include the travel costs of getting to 
Use  of  the  standard  meal  allowance  for             standard meal allowance rates.                         and  from  your  business  destination  and  any 
other  travel. You  can  use  the  standard  meal 
allowance  to  figure  your  meal  expenses  when      If this applies, you can claim a standard meal al-       business-related  expenses  at  your  business 
you  travel  in  connection  with  investment  and     lowance of $69 a day ($74 for travel outside the         destination.
other income-producing property. You can also          continental United States) for travel in 2022.
use  it  to  figure  your  meal  expenses  when  you   Using  the  special  rate  for  transportation           Example.    You  work  in  Atlanta  and  take  a 
travel for qualifying educational purposes. You        workers  eliminates  the  need  for  you  to  deter-     business trip to New Orleans in May. Your busi-
can’t use the standard meal allowance to figure        mine  the  standard  meal  allowance  for  every         ness travel totals 900 miles round trip. On your 
the cost of your meals when you travel for medi-       area  where  you  stop  for  sleep  or  rest.  If  you   way home, you stop in Mobile to visit your pa-
cal or charitable purposes.                            choose to use the special rate for any trip, you         rents. You spend $2,165 for the 9 days you are 
                                                                                                                away  from  home  for  travel,  non-entertain-
                                                                                                                ment-related  meals,  lodging,  and  other  travel 

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expenses. If you hadn’t stopped in Mobile, you          trip from the border to Mexico City and back to         business  discussions,  and  from  Saturday  until 
would have been gone only 6 days, and your to-          the border.                                             Tuesday, you were sightseeing. You flew back 
tal  cost  would  have  been  $1,633.50.  You  can                                                              to New York, arriving Wednesday afternoon. On 
deduct  $1,633.50  for  your  trip,  including  the                                                             Thursday, you flew back to Denver.
cost  of  round-trip  transportation  to  and  from     Travel Outside                                          Although you were away from your home in 
New Orleans. The deduction for your non-enter-          the United States                                       Denver for more than a week, you weren’t out-
tainment-related  meals  is  subject  to  the 50%                                                               side  the  United  States  for  more  than  a  week. 
limit on meals mentioned earlier.                       If any part of your business travel is outside the      This  is  because  the  day  you  depart  doesn’t 
                                                        United States, some of your deductions for the          count as a day outside the United States.
                                                        cost of getting to and from your destination may        You  can  deduct  your  cost  of  the  round-trip 
Trip Primarily for                                      be limited. For this purpose, the United States         flight  between  Denver  and  Brussels.  You  can 
Personal Reasons                                        includes the 50 states and the District of Colum-       also deduct the cost of your stay in Brussels for 
                                                        bia.                                                    Thursday and Friday while you conducted busi-
If  your  trip  was  primarily  for  personal  reasons,                                                         ness.  However,  you  can’t  deduct  the  cost  of 
such as a vacation, the entire cost of the trip is a    How much of your travel expenses you can                your  stay  in  Brussels  from  Saturday  through 
nondeductible personal expense. However, you            deduct depends in part upon how much of your            Tuesday  because  those  days  were  spent  on 
can  deduct  any  expenses  you  have  while  at        trip outside the United States was business re-         nonbusiness activities.
your destination that are directly related to your      lated.
business.                                                                                                       Exception 3—Less than 25% of time on 
                                                        Travel Entirely for Business or                         personal  activities.    Your  trip  is  considered 
A trip to a resort or on a cruise ship may be a         Considered Entirely for Business                        entirely for business if:
vacation even if the promoter advertises that it                                                                   You were outside the United States for 
is primarily for business. The scheduling of inci-      You can deduct all your travel expenses of get-              more than a week, and
dental business activities during a trip, such as       ting  to  and  from  your  business  destination  if       You spent less than 25% of the total time 
viewing  videotapes  or  attending  lectures  deal-     your  trip  is  entirely  for  business  or  considered      you were outside the United States on 
ing with general subjects, won’t change what is         entirely for business.                                       nonbusiness activities.
really a vacation into a business trip.                                                                         For  this  purpose,  count  both  the  day  your  trip 
                                                        Travel entirely for business. If you travel out-        began and the day it ended.
Part of Trip Outside                                    side the United States and you spend the entire 
the United States                                       time on business activities, you can deduct all         Example.    You  flew  from  Seattle  to  Tokyo, 
                                                        of your travel expenses.                                where  you  spent  14  days  on  business  and  5 
                                                                                                                days  on  personal  matters.  You  then  flew  back 
If part of your trip is outside the United States,      Travel  considered  entirely  for  business.            to Seattle. You spent 1 day flying in each direc-
use the rules described later in this chapter un-       Even  if  you  didn’t  spend  your  entire  time  on    tion.
der Travel  Outside  the  United  States  for  that     business  activities,  your  trip  is  considered  en-  Because only  /  (less than 25%) of your to-5 21
part of the trip. For the part of your trip that is in- tirely for business if you meet at least one of the     tal time abroad was for nonbusiness activities, 
side the United States, use the rules for travel in     following four exceptions.                              you  can  deduct  as  travel  expenses  what  it 
the  United  States.  Travel  outside  the  United                                                              would  have  cost  you  to  make  the  trip  if  you 
States doesn’t include travel from one point in         Exception  1—No  substantial  control. 
the United States to another point in the United        Your  trip  is  considered  entirely  for  business  if hadn’t  engaged  in  any  nonbusiness  activity. 
States.  The  following  discussion  can  help  you     you didn’t have substantial control over arrang-        The  amount  you  can  deduct  is  the  cost  of  the 
determine whether your trip was entirely within         ing the trip. The fact that you control the timing      round-trip plane fare and 16 days of non-enter-
the United States.                                      of  your  trip  doesn’t,  by  itself,  mean  that  you  tainment-related  meals  (subject  to  the  50% 
                                                        have  substantial  control  over  arranging  your       Limit), lodging, and other related expenses.
Public  transportation. If  you  travel  by  public     trip.                                                   Exception 4—Vacation not a major con-
transportation,  any  place  in  the  United  States    You don’t have substantial control over your            sideration. Your trip is considered entirely for 
where that vehicle makes a scheduled stop is a          trip if you:                                            business if you can establish that a personal va-
point  in  the  United  States.  Once  the  vehicle         Are an employee who was reimbursed or             cation wasn’t a major consideration, even if you 
leaves  the  last  scheduled  stop  in  the  United           paid a travel expense allowance, and              have substantial control over arranging the trip.
States on its way to a point outside the United             Aren’t related to your employer, or
States,  you  apply  the  rules  under Travel  Out-         Aren’t a managing executive.
                                                                                                                Travel Primarily for Business
side the United States, later.                          “Related to your employer” is defined later in 
                                                        chapter 6 under Per Diem and Car Allowances.            If you travel outside the United States primarily 
Example.      You fly from New York to Puerto           A “managing executive” is an employee who               for  business  but  spend  some  of  your  time  on 
Rico  with  a  scheduled  stop  in  Miami.  Puerto      has the authority and responsibility, without be-       other activities, you generally can’t deduct all of 
Rico isn’t considered part of the United States         ing subject to the veto of another, to decide on        your travel expenses. You can only deduct the 
for purposes of travel. You return to New York          the need for the business travel.                       business portion of your cost of getting to and 
nonstop. The flight from New York to Miami is in        A self-employed person generally has sub-               from  your  destination.  You  must  allocate  the 
the United States, so only the flight from Miami        stantial control over arranging business trips.         costs  between  your  business  and  other  activi-
to Puerto Rico is outside the United States. Be-
cause  there  are  no  scheduled  stops  between        Exception  2—Outside  United  States  no                ties to determine your deductible amount. See 
Puerto Rico and New York, all of the return trip        more than a week. Your trip is considered en-           Travel allocation rules, later.
is outside the United States.                           tirely for business if you were outside the United           You  don’t  have  to  allocate  your  travel 
                                                        States for a week or less, combining business           TIP  expenses  if  you  meet  one  of  the  four 
Private car. Travel by private car in the United        and nonbusiness activities. One week means 7                 exceptions  listed  earlier  under  Travel 
States  is  travel  between  points  in  the  United    consecutive  days.  In  counting  the  days,  don’t     considered  entirely  for  business.  In  those  ca-
States, even though you are on your way to a            count the day you leave the United States, but          ses, you can deduct the total cost of getting to 
destination outside the United States.                  do  count  the  day  you  return  to  the  United       and from your destination.
                                                        States.
Example.      You travel by car from Denver to 
Mexico City and return. Your travel from Denver         Example.     You traveled to Brussels primar-           Travel allocation rules.  If your trip outside the 
to the border and from the border back to Den-          ily  for  business.  You  left  Denver  on  Tuesday     United  States  was  primarily  for  business,  you 
ver is travel in the United States, and the rules       and flew to New York. On Wednesday, you flew            must  allocate  your  travel  time  on  a  day-to-day 
in  this  section  apply.  The  rules  below  under     from  New  York  to  Brussels,  arriving  the  next     basis between business days and nonbusiness 
Travel Outside the United States apply to your          morning.  On  Thursday  and  Friday,  you  had          days.  The  days  you  depart  from  and  return  to 

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the United States are both counted as days out-         and your nonbusiness destination and a return           Example. Assume  that  the  dates  are  the 
side the United States.                                 to  the  point  where  travel  outside  the  United     same  as  in  the  previous  example  but  that  in-
To  figure  the  deductible  amount  of  your           States ends.                                            stead of going to Dublin for your vacation, you 
round-trip  travel  expenses,  use  the  following      You  determine  the  nonbusiness  portion  of           fly to Venice, Italy, for a vacation.
fraction. The numerator (top number) is the total       that expense by multiplying it by a fraction. The       You can’t deduct any part of the cost of your 
number  of  business  days  outside  the  United        numerator  (top  number)  of  the  fraction  is  the    trip from Paris to Venice and return to Paris. In 
States.  The  denominator  (bottom  number)  is         number of nonbusiness days during your travel           addition, you can’t deduct  /  of the airfare and 7 18
the total number of business and nonbusiness            outside the United States, and the denominator          other  expenses  from  New  York  to  Paris  and 
days of travel.                                         (bottom number) is the total number of days you         back to New York.
                                                        spend outside the United States.                        You can deduct  /  of the round-trip plane 11 18
Counting  business  days.     Your  business                                                                    fare and other travel expenses from New York 
days  include  transportation  days,  days  your        Example.     You live in New York. On May 4,            to  Paris,  plus  your  non-entertainment-related 
presence was required, days you spent on busi-          you  flew  to  Paris  to  attend  a  business  confer-  meals (subject to the 50% Limit), lodging, and 
ness, and certain weekends and holidays.                ence  that  began  on  May  5.  The  conference         any other business expenses you had in Paris. 
                                                        ended  at  noon  on  May  14.  That  evening,  you      (Assume  these  expenses  total  $4,939.)  If  the 
Transportation  day.    Count  as  a  business          flew to Dublin where you visited with friends un-       round-trip  plane  fare  and  other  travel-related 
day  any  day  you  spend  traveling  to  or  from  a   til  the  afternoon  of  May  21,  when  you  flew  di- expenses  (such  as  food  during  the  trip)  are 
business destination. However, if because of a          rectly home to New York. The primary purpose            $1,750, you can deduct travel costs of $1,069 
nonbusiness activity you don’t travel by a direct       for the trip was to attend the conference.              ( /  × $1,750), plus the full $4,939 for the ex-11 18
route, your business days are the days it would         If  you  hadn’t  stopped  in  Dublin,  you  would       penses you had in Paris.
take  you  to  travel  a  reasonably  direct  route  to have arrived home the evening of May 14. You 
your  business  destination.  Extra  days  for  side    don’t meet any of the exceptions that would al-         Other methods.   You can use another method 
trips or nonbusiness activities can’t be counted        low you to consider your travel entirely for busi-      of counting business days if you establish that it 
as business days.                                       ness. May 4 through May 14 (11 days) are busi-          more  clearly  reflects  the  time  spent  on  other 
Presence  required.     Count  as  a  business          ness days and May 15 through May 21 (7 days)            than  business  activities  outside  the  United 
day any day your presence is required at a par-         are nonbusiness days.                                   States.
ticular  place  for  a  specific  business  purpose.    You can deduct the cost of your non-enter-
Count  it  as  a  business  day  even  if  you  spend   tainment-related  meals  (subject  to  the 50%          Travel Primarily for Personal 
most of the day on nonbusiness activities.              Limit),  lodging,  and  other  business-related         Reasons
                                                        travel expenses while in Paris.
Day  spent  on  business.  If  your  principal          You  can’t  deduct  your  expenses  while  in           If you travel outside the United States primarily 
activity  during  working  hours  is  the  pursuit  of  Dublin.  You  also  can’t  deduct  /   of  what  it 7 18
                                                                                                                for vacation or for investment purposes, the en-
your trade or business, count the day as a busi-        would  have  cost  you  to  travel  round  trip  be-    tire cost of the trip is a nondeductible personal 
ness  day.  Also,  count  as  a  business  day  any     tween New York and Dublin.                              expense. However, if you spend some time at-
day you are prevented from working because of           You paid $750 to fly from New York to Paris,            tending  brief  professional  seminars  or  a  con-
circumstances beyond your control.                      $400 to fly from Paris to Dublin, and $700 to fly       tinuing education program, you can deduct your 
                                                        from  Dublin  back  to  New  York.  Round-trip  air-    registration fees and other expenses you have 
Certain  weekends  and  holidays.  Count                fare from New York to Dublin would have been            that are directly related to your business.
weekends,  holidays,  and  other  necessary             $1,250.
standby  days  as  business  days  if  they  fall  be-  You  figure  the  deductible  part  of  your  air       Example. The  university  from  which  you 
tween  business  days.  But  if  they  follow  your     travel  expenses  by  subtracting  /   of  the 7 18
                                                                                                                graduated has a continuing education program 
business meetings or activity and you remain at         round-trip airfare and other expenses you would         for members of its alumni association. This pro-
your  business  destination  for  nonbusiness  or       have  had  in  traveling  directly  between  New        gram  consists  of  trips  to  various  foreign  coun-
personal reasons, don’t count them as business          York  and  Dublin  ($1,250  ×  /   =  $486)  from 7 18
                                                                                                                tries  where  academic  exercises  and  conferen-
days.                                                   your total expenses in traveling from New York          ces  are  set  up  to  acquaint  individuals  in  most 
Example  1.     Your  tax  home  is  New  York          to Paris to Dublin and back to New York ($750 +         occupations  with  selected  facilities  in  several 
City.  You  travel  to  Quebec,  where  you  have  a    $400 + $700 = $1,850).                                  regions of the world. However, none of the con-
business appointment on Friday. You have an-            Your deductible air travel expense is $1,364            ferences  are  directed  toward  specific  occupa-
other  appointment  on  the  following  Monday.         ($1,850 − $486).                                        tions or professions. It is up to each participant 
                                                                                                                to  seek  out  specialists  and  organizational  set-
Because  your  presence  was  required  on  both        Nonbusiness  activity  at,  near,  or  beyond           tings appropriate to their occupational interests.
Friday  and  Monday,  they  are  business  days.        business destination.  If you had a vacation or         Three-hour sessions are held each day over 
Because  the  weekend  is  between  business            other  nonbusiness  activity  at,  near,  or  beyond    a 5-day period at each of the selected overseas 
days,  Saturday  and  Sunday  are  counted  as          your  business  destination,  you  must  allocate       facilities where participants can meet with indi-
business days. This is true even though you use         part of your travel expenses to the nonbusiness         vidual  practitioners.  These  sessions  are  com-
the weekend for sightseeing, visiting friends, or       activity.                                               posed  of  a  variety  of  activities  including  work-
other nonbusiness activity.
                                                        The part you must allocate is the amount it             shops, mini-lectures,     roleplaying,     skill 
Example  2.     If,  in Example  1,  you  had  no       would have cost you to travel between the point         development, and exercises. Professional con-
business in Quebec after Friday, but stayed un-         where  travel  outside  the  United  States  begins     ference  directors  schedule  and  conduct  the 
til Monday before starting home, Saturday and           and  your  business  destination  and  a  return  to    sessions.  Participants  can  choose  those  ses-
Sunday would be nonbusiness days.                       the point where travel outside the United States        sions they wish to attend.
                                                        ends.                                                   You can participate in this program because 
Nonbusiness activity on the way to or from              You  determine  the  nonbusiness  portion  of           you  are  a  member  of  the  alumni  association. 
your business destination. If you stopped for           that expense by multiplying it by a fraction. The       You and your family take one of the trips. You 
a  vacation  or  other  nonbusiness  activity  either   numerator  (top  number)  of  the  fraction  is  the    spend  about  2  hours  at  each  of  the  planned 
on the way from the United States to your busi-         number of nonbusiness days during your travel           sessions.  The  rest  of  the  time  you  go  touring 
ness destination, or on the way back to the Uni-        outside the United States, and the denominator          and sightseeing with your family. The trip lasts 
ted States from your business destination, you          (bottom number) is the total number of days you         less than 1 week.
must allocate part of your travel expenses to the       spend outside the United States.                        Your  travel  expenses  for  the  trip  aren’t  de-
nonbusiness activity.                                   None  of  your  travel  expenses  for  nonbusi-         ductible since the trip was primarily a vacation. 
The part you must allocate is the amount it             ness  activities  at,  near,  or  beyond  your  busi-   However,  registration  fees  and  any  other  inci-
would have cost you to travel between the point         ness destination are deductible.                        dental expenses you have for the five planned 
where  travel  outside  the  United  States  begins                                                             sessions you attended that are directly related 
                                                                                                                and  beneficial  to  your  business  are  deductible 
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business expenses. These expenses should be            Entertainment . . . . . . . . . . . . . .       $1,000           Conventions Held Outside
specifically  stated  in  your  records  to  ensure     0% limit . . . . . . . . . . . . . . . . . . . x 0.00           the North American Area
proper  allocation  of  your  deductible  business 
expenses.                                              Allowable entertainment . . . . . .                       $0.00
                                                       Non-entertainment-related                                        You can’t deduct expenses for attending a con-
                                                       meals . . . . . . . . . . . . . . . . . . . . . $3,700           vention,  seminar,  or  similar  meeting  held 
Luxury Water Travel                                    50% limit . . . . . . . . . . . . . . . . . .   × 0.50           outside the North American area unless:
                                                       Allowable non-entertainment                                         The meeting is directly related to the active 
If you travel by ocean liner, cruise ship, or other    meals & entertainment . . . . . . . . $1,850                          conduct of your trade or business, and
form of luxury water transportation for business       Other travel expenses . . . . . . .             + 1,500             It is as reasonable to hold the meeting out-
                                                                                                                             side the North American area as within the 
you  can  deduct.  The  limit  is  twice  the  highest Allowable cost before the daily limit
purposes,  there  is  a  daily  limit  on  the  amount                                                     . . . $3,350      North American area. See Reasonable-
federal  per  diem  rate  allowable  at  the  time  of Daily limit for May 2022 . . . . . .            $   720               ness test, later.
your travel. (Generally, the federal per diem is       Times number of days . . . . . . .                  × 6          If  the  meeting  meets  these  requirements,  you 
the amount paid to federal government employ-          Maximum luxury water travel                     . . . .          must also satisfy the rules for deducting expen-
ees  for  daily  living  expenses  when  they  travel  deduction . . . . . . . . . . . . . . . . . . . . . . .   $4,320 ses for business trips in general, discussed ear-
away  from  home  within  the  United  States  for                                                                      lier under Travel Outside the United States.
business purposes.)                                    Amount of allowable deduction . . . .                     $3,350
                                                                                                                        North  American  area.  The  North  American 
Daily limit on luxury water travel. The high-                                                                           area includes the following locations.
est federal per diem rate allowed and the daily        Your  deduction  for  your  cruise  is  limited  to 
limit for luxury water travel in 2022 are shown in     $3,350,  even  though  the  limit  on  luxury  water 
the following table.                                   travel is higher.                                                American Samoa          Jarvis Island
                                                                                                                        Antigua and Barbuda     Johnston Island
                                                       Not separately stated.                    If your meal or en-    Aruba                   Kingman Reef
                     Highest     Daily Limit on        tertainment charges aren’t separately stated or                  Bahamas                 Marshall Islands
                     Federal     Luxury Water          aren’t clearly identifiable, you don’t have to allo-             Baker Island            Mexico
2022 Dates           Per Diem    Travel                cate any portion of the total charge to meals or                 Barbados                Micronesia
                                                       entertainment.
January 1 –          $497           $994                                                                                Bermuda                 Midway Islands
March 31                                                                                                                Canada                  Northern Mariana
                                                       Exceptions                                                       Costa Rica              Islands
April 1 – April 30   373            746                                                                                 Curaçao                 Palau
May 1– May 31        360            720                The daily limit on luxury water travel (discussed                Dominica                Palmyra Atoll
June 1 –             433            866                earlier) doesn’t apply to expenses you have to                   Dominican Republic      Panama
September 30                                           attend  a  convention,  seminar,  or  meeting  on                Grenada                 Puerto Rico
                                                       board a cruise ship. See Cruise Ships, later, un-                Guam                    Saint Lucia
October 1 –          388            776                der Conventions.                                                 Guyana                  Trinidad and Tobago
October 31                                                                                                              Honduras                USA
                                                                                                                        Howland Island          U.S. Virgin Islands
November 1 –         367            734                Conventions                                                      Jamaica                 Wake Island
November 30 
December 1 –         564            1,128              You can deduct your travel expenses when you                     The North American area also includes U.S. is-
December 31                                            attend  a  convention  if  you  can  show  that  your            lands, cays, and reefs that are territories of the 
                                                       attendance benefits your trade or business. You                  United  States  and  not  part  of  the  50  states  or 
                                                       can’t deduct the travel expenses for your family.
Example.      You are a travel agent and trav-                                                                          the  District  of  Columbia.  See  Revenue  Ruling 
eled by ocean liner from New York to London,           If the convention is for investment, political,                  2016-16,      available at          IRS.gov/irb/
England, on business in May. Your expense for          social,  or  other  purposes  unrelated  to  your                2016-26_IRB#RR-2016-16,  for  more  informa-
the 6-day cruise was $6,200. Your deduction for        trade or business, you can’t deduct the expen-                   tion.
the cruise can’t exceed $4,320 (6 days × $720          ses.
                                                                                                                        Reasonableness  test.   The  following  factors 
daily limit).                                                  Your appointment or election as a dele-                  are taken into account to determine if it was as 
Meals  and  entertainment.   If  your  expenses        !       gate  doesn’t,  in  itself,  determine                   reasonable  to  hold  the  meeting  outside  the 
for luxury water travel include separately stated      CAUTION whether  you  can  deduct  travel  expen-                North American area as within the North Ameri-
amounts  for  meals  or  entertainment,  those         ses. You can deduct your travel expenses only                    can area.
amounts are subject to the 50% limit on non-en-        if  your  attendance  is  connected  to  your  own                  The purpose of the meeting and the activi-
tertainment-related  meals  and  entertainment         trade or business.                                                    ties taking place at the meeting.
before you apply the daily limit. For a discussion                                                                         The purposes and activities of the spon-
of the 50% Limit, see chapter 2.                       Convention  agenda.             The  convention  agenda               soring organizations or groups.
                                                       or program generally shows the purpose of the                       The homes of the active members of the 
Example.      In  the  previous  example,  your        convention.  You  can  show  your  attendance  at                     sponsoring organizations and the places at 
luxury water travel had a total cost of $6,200. Of     the convention benefits your trade or business                        which other meetings of the sponsoring or-
that  amount,  $3,700  was  separately  stated  as     by comparing the agenda with the official duties                      ganizations or groups have been or will be 
non-entertainment-related  meals  and  $1,000          and  responsibilities  of  your  position.  The                       held.
was  separately  stated  as  entertainment.  Con-      agenda  doesn’t  have  to  deal  specifically  with                 Other relevant factors you may present.
sidering that you are self-employed, you aren’t        your official duties and responsibilities; it will be 
reimbursed for any of your travel expenses. You        enough if the agenda is so related to your posi-                 Cruise Ships
figure  your  deductible  travel  expenses  as  fol-   tion that it shows your attendance was for busi-
lows.                                                  ness purposes.                                                   You can deduct up to $2,000 per year of your 
                                                                                                                        expenses  of  attending  conventions,  seminars, 
                                                                                                                        or  similar  meetings  held  on  cruise  ships.  All 
                                                                                                                        ships that sail are considered cruise ships.

                                                                                                                        You can deduct these expenses only if all of 
                                                                                                                        the following requirements are met.

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1. The convention, seminar, or meeting is di-                                                                or  on  hunting,  fishing,  vacation,  and  similar 
rectly related to the active conduct of your                                                                 trips.
trade or business.                                  Entertainment
                                                                                                             Entertainment facilities.  Generally, you can’t 
2. The cruise ship is a vessel registered in                                                                 deduct any expense for the use of an entertain-
the United States.                                  Entertainment—Defined                                    ment facility. This includes expenses for depre-
3. All of the cruise ship's ports of call are in    Entertainment  includes  any  activity  generally        ciation and operating costs such as rent, utilit-
the United States or in territories of the          considered  to  provide  entertainment,  amuse-          ies, maintenance, and protection.
United States.                                      ment,  or  recreation.  Examples  include  enter-        An entertainment facility is any property you 
4. You attach to your return a written state-       taining  guests  at  nightclubs;  at  social,  athletic, own,  rent,  or  use  for  entertainment.  Examples 
ment signed by you that includes informa-           and  sporting  clubs;  at  theaters;  at  sporting       include  a  yacht,  hunting  lodge,  fishing  camp, 
tion about:                                         events; on yachts; or on hunting, fishing, vaca-         swimming pool, tennis court, bowling alley, car, 
                                                    tion,  and  similar  trips.  Entertainment  may  also    airplane,  apartment,  hotel  suite,  or  home  in  a 
a. The total days of the trip (not including        include  meeting  personal,  living,  or  family         vacation resort.
    the days of transportation to and from          needs of individuals, such as providing meals, a 
    the cruise ship port),                          hotel suite, or a car to customers or their fami-        Club dues and membership fees.      You can’t 
b. The number of hours each day that                lies.                                                    deduct dues (including initiation fees) for mem-
                                                                                                             bership  in  any  club  organized  for  business, 
    you devoted to scheduled business               Deduction may depend on your type of                     pleasure, recreation, or other social purposes.
    activities, and                                 business. Your  kind  of  business  may  deter-          This rule applies to any membership organi-
c. A program of the scheduled business              mine if a particular activity is considered enter-       zation if one of its principal purposes is either:
    activities of the meeting.                      tainment.  For  example,  if  you  are  a  dress  de-    To conduct entertainment activities for 
                                                    signer  and  have  a  fashion  show  to  introduce         members or their guests; or
5. You attach to your return a written state-       your  new  designs  to  store  buyers,  the  show        To provide members or their guests with 
ment signed by an officer of the organiza-          generally isn’t considered entertainment. This is          access to entertainment facilities, dis-
tion or group sponsoring the meeting that           because fashion shows are typical in your busi-            cussed later.
includes:                                           ness.  But,  if  you  are  an  appliance  distributor 
a. A schedule of the business activities            and hold a fashion show for the spouses of your          The purposes and activities of a club, not its 
    of each day of the meeting, and                 retailers,  the  show  is  generally  considered  en-    name,  will  determine  whether  or  not  you  can 
                                                    tertainment.                                             deduct the dues. You can’t deduct dues paid to:
b. The number of hours you attended                                                                          Country clubs,
    the scheduled business activities.              Separating  costs.   If  you  have  one  expense         Golf and athletic clubs,
                                                    that  includes  the  costs  of  entertainment  and       Airline clubs,
                                                    other  services  (such  as  lodging  or  transporta-     Hotel clubs, and
                                                    tion), you must allocate that expense between            Clubs operated to provide meals under cir-
                                                    the cost of entertainment and the cost of other            cumstances generally considered to be 
                                                    services. You must have a reasonable basis for             conducive to business discussions.
                                                    making  this  allocation.  For  example,  you  must 
2.                                                  allocate your expenses if a hotel includes enter-        Gift or entertainment. Any item that might be 
                                                    tainment in its lounge on the same bill with your        considered  either  a  gift  or  entertainment  will 
                                                    room charge.                                             generally  be  considered  entertainment.  How-
                                                                                                             ever, if you give a customer packaged food or 
Meals and                                                                                                    beverages that you intend the customer to use 
                                                    Exceptions to the Rules                                  at a later date, treat it as a gift.
Entertainment                                       In general, entertainment expenses are nonde-
                                                    ductible.  However,  there  are  a  few  exceptions 
You can no longer take a deduction for any ex-      to the general rule, including:                          Meals
pense related to activities generally considered    Entertainment treated as compensation on 
entertainment,  amusement,  or  recreation.  You      your originally filed tax returns (and treated         As  discussed  above,  entertainment  expenses 
can continue to deduct 50% of the cost of busi-       as wages to your employees);                           are generally nondeductible. However, you may 
ness  meals  if  you  (or  your  employee)  are     Recreational expenses for employees                    continue to deduct 50% of the cost of business 
present and the food or beverages aren't con-         such as a holiday party or a summer pic-               meals  if  you  (or  an  employee)  is  present  and 
sidered  lavish  or  extravagant.  You  can  deduct   nic;                                                   the food or beverages are not considered lavish 
100%  of  your  meal  expenses  if  the  meals  are Expenses related to attending business                 or  extravagant.  You  can  deduct  100%  of  your 
food  and  beverages  provided  by  a  restaurant,    meetings or conventions of certain exempt              meal expenses if the meals are food and bever-
and paid or incurred after December 31, 2020,         organizations such as business leagues,                ages provided by a restaurant, and paid or in-
and  before  January  1,  2023.  See    IRS.gov/      chambers of commerce, professional as-                 curred  after  December  31,  2020,  and  before 
Newsroom/IRS-Provides-Guidance-on-Per-                sociations, etc.; and                                  January 1, 2023. The meals may be provided to 
Diem-Rates-and-the-Temporary-100-Percent-           Entertainment sold to customers. For ex-               a current or potential business customer, client, 
Deduction-for-Food-or-Beverages-From-                 ample, if you run a nightclub, your expen-             consultant, or similar business contact.
Restaurants for additional information.               ses for the entertainment you furnish to               Food and beverages that are provided dur-
                                                      your customers, such as a floor show,                  ing entertainment events are not considered en-
    If food or beverages are provided dur-            aren’t subject to the nondeductible rules.             tertainment  if  purchased  separately  from  the 
TIP ing  or  at  an  entertainment  event,  and                                                              entertainment, or if the cost of the food and bev-
    the  food  and  beverages  were  pur-                                                                    erages is stated separately from the cost of the 
chased  separately  from  the  entertainment  or    Examples of Nondeductible 
the cost of the food and beverages was stated       Entertainment                                            entertainment on one or more bills, invoices, or 
separately from the cost of the entertainment on                                                             receipts.  However,  the  entertainment  disallow-
one or more bills, invoices, or receipts, you may   Entertainment  events.  Generally,  you  can't           ance rule may not be circumvented through in-
be able to deduct the separately stated costs as    deduct any expense for an entertainment event.           flating the amount charged for food and bever-
a  meal  expense.  For  more  information,  see     This includes expenses for entertaining guests           ages.
Regulations section 1.274-11(d)(2), Example 2.      at  nightclubs;  at  social,  athletic,  and  sporting 
                                                    clubs; at theaters; at sporting events; on yachts;       Other rules for meals and entertainment ex-
                                                                                                             penses. Any  allowed  expense  must  be  ordi-
                                                                                                             nary  and  necessary.  An  ordinary  expense  is 
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Figure A. Does the 50% Limit Apply to Your Expenses?                                                       entertainment expense and is not deductible by 
                                                                                                           C.  However,  the  cost  of  the  food  and  bever-
There are exceptions to these rules. See Exceptions to the 50% Limit for Meals, later.                     ages, which is stated separately on the invoice 
All employees and self-employed persons can use this chart.                                                for the game tickets, is not an entertainment ex-
                                                                                                           pense and is not subject to the section 274(a)
            Start Here                                                                                     (1) disallowance. Therefore, C may deduct 50% 
                                                                                                           of  the  expenses  associated  with  the  food  and 
Were your meal and entertainment expenses reimbursed?                                                      beverages provided at the game.
(Count only reimbursements your employer didn’t
include in box 1 of your Form W-2. If self-employed,
count only reimbursements from clients or customers that                   No
aren’t included on Form 1099-MISC, Miscellaneous                                                           50% Limit
Income.)
                                                                                                           In  general,  you  can  deduct  only  50%  of  your 
            Yes                                                                                            business-related meal expenses, unless an ex-
                                                                                                           ception  applies.  However,  you  can  deduct 
                                                                                                           100%  of  your  meal  expenses  if  the  meals  are 
If an employee, did you adequately account                                                                 food  and  beverages  provided  by  a  restaurant, 
to your employer under an accountable plan?                                                                and paid or incurred after December 31, 2020, 
If self-employed, did you provide the payer            No                                                  and  before  January  1,  2023.  See   IRS.gov/
with adequate records? (See chapter 6.)                                                                    Newsroom/IRS-Provides-Guidance-on-Per-
                                                                                                           Diem-Rates-and-the-Temporary-100-Percent-
            Yes                                                                                            Deduction-for-Food-or-Beverages-From-
                                                                                                           Restaurants  for  additional  information.  (If  you 
                                                                                                           are  subject  to  the  Department  of  Transporta-
   Did your expenses exceed the reimbursement?                                                             tion's “hours of service” limits, you can deduct 
No                              Yes                                                                        80%  of  your  business-related  meal  expenses. 
                                                                                                           See Individuals subject to “hours of service” lim-
                                                                                                           its, later.)
   For the amount reimbursed...                           For the excess amount...                            The 50% limit applies to employees or their 
                                                                                                           employers,  and  to  self-employed  persons  (in-
                                                                                                           cluding  independent  contractors)  or  their  cli-
                                                                                                           ents,  depending  on  whether  the  expenses  are 
                                                                                                           reimbursed.
   Your meal and entertainment 
   expenses are NOT subject to                            Your meal expenses ARE                              Examples of meals might include:
   the limitations. However, since                        subject to the 50% limit.                          Meals while traveling away from home 
   the reimbursement wasn’t                               Your entertainment                                   (whether eating alone or with others) on 
   treated as wages or as other                           expenses are nondeduct-                              business, or
   taxable income, you can’t                              ible.                                              Meal at a business convention or business 
   deduct the expenses.                                                                                        league meeting.

one that is common and accepted in your trade          Therefore, A may deduct 50% of the expenses 
or business. A necessary expense is one that is        associated  with  the  hot  dogs  and  drinks  pur- Costs to include or exclude.  Taxes and tips 
helpful  and  appropriate  for  your  business.  An    chased at the game.                                 relating  to  a  business  meal  are  included  as  a 
expense doesn't have to be required to be con-                                                             cost  of  the  meal  and  are  subject  to  the  50% 
sidered necessary. Expenses must not be lav-           Example  2. Taxpayer  C  invites  D,  a  busi-      limit. However, the cost of transportation to and 
ish or extravagant. An expense isn't considered        ness contact, to a basketball game. C purcha-       from the meal is not treated as part of the cost 
lavish  or  extravagant  if  it  is  reasonable  based ses tickets for C and D to attend the game in a     and would not be subject to the limit.
on the facts and circumstances.                        suite, where they have access to food and bev-
                                                       erages. The cost of the basketball game tickets,    Application  of  50%  limit.  The  50%  limit  on 
Examples. For each example, assume that the            as stated on the invoice, includes the food and     meal expenses applies if the expense is other-
food and beverage expenses are ordinary and            beverages.  The  basketball  game  is  entertain-   wise deductible and isn’t covered by one of the 
necessary expenses under section 162(a) paid           ment  as  defined  in  Regulations  section         exceptions  discussed  later. Figure  A  can  help 
or incurred during the tax year in carrying on a       1.274-11(b)(1)(i)  and,  thus,  the  cost  of  the  you determine if the 50% limit applies to you.
trade or business and are not lavish or extrava-       game tickets is an entertainment expense and           The  50%  limit  also  applies  to  certain  meal 
gant  under  the  circumstances.  Also  assume         is not deductible by C. The cost of the food and    expenses that aren’t business related. It applies 
that the taxpayer and the business contact are         beverages, which are not purchased separately       to meal expenses you have for the production 
not engaged in a trade or business that has any        from the game tickets, is not stated separately     of income, including rental or royalty income. It 
relation to the entertainment activity.                on the invoice. Thus, the cost of the food and      also applies to the cost of meals included in de-
                                                       beverages  is  also  an  entertainment  expense     ductible educational expenses.
Example  1. Taxpayer  A  invites  B,  a  busi-         that is subject to the section 274(a)(1) disallow-
ness contact, to a baseball game. A purchases          ance. Therefore, C may not deduct any of the        When to apply the 50% limit.   The 50% limit 
tickets for A and B to attend the game. While at       expenses associated with the basketball game.       will  apply  after  determining  the  amount  that 
the game, A buys hot dogs and drinks for A and                                                             would  otherwise  qualify  for  a  deduction.  You 
B.  The  baseball  game  is  entertainment  as  de-    Example  3. Assume  the  same  facts  as  in 
fined  in  Regulations  section  1.274-11(b)(1)(i)     Example 2, except that the invoice for the bas-     first have to determine the amount of meal ex-
and, thus, the cost of the game tickets is an en-      ketball game tickets separately states the cost     penses  that  would  be  deductible  under  the 
tertainment expense and is not deductible by A.        of  the  food  and  beverages.  As  in Example  2,  other rules discussed in this publication.
The cost of the hot dogs and drinks, which are         the basketball game is entertainment as defined 
purchased separately from the game tickets, is         in  Regulations  section  1.274-2(b)(1)(i)  and,    Taking turns paying for meals. If a group of 
not  an  entertainment  expense  and  is  not  sub-    thus, the cost of the game tickets, other than the  business acquaintances takes turns picking up 
ject  to  the  section  274(a)(1)  disallowance.       cost  of  the  food  and  beverages,  is  an        each others' meal checks primarily for personal 
                                                                                                           reasons,  without  regard  to  whether  any 
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Figure B. When Are Transportation Expenses Deductible?                                                             You provide adequate records of these ex-
                                                                                                                     penses to your customer or client. (See 
Most employees and self-employed persons can use this chart. (Don’t use this chart if your home is                   chapter 5.)
your principal place of business. See Office in the home, later.)
                                                                                                                   In this case, your client or customer is sub-
                                                                                                                   ject to the 50% limit on the expenses.
                                                                                                                   Example.    You are a self-employed attorney 
                                                                              Always deductible                    who adequately accounts for meal expenses to 
                                                                                                                   a  client  who  reimburses  you  for  these  expen-
                                                                                                                   ses. You aren’t subject to the limitation on meal 
                                                      Temporary                                                    expenses.  If  the  client  can  deduct  the  expen-
                                                      work location
          Deductible if you have aregular or main job                                                              ses, the client is subject to the 50% limit.
            at another location
                                                                       Always                                      If  you  (as  an  independent  contractor)  have 
                                                                       deductible                                  expenses  for  meals  related  to  providing  serv-
                                                                                                                   ices for a client but don’t adequately account for 
                                                                                                                   and  seek  reimbursement  from  the  client  for 
                                                                                                                   those  expenses,  you  are  subject  to  the  50% 
                                                      Never deductible                                             limit  on  non-entertainment-related  meals  and 
                                                                                                                   the  entertainment-related  meal  expenses  are 
                                                                                                                   nondeductible to you.
                     Home                                                     Regular or
                                                                              main job                             4—Recreational  expenses  for  employ-
                                                                                                                   ees. You aren't subject to the 50% limit for ex-
            Never deductible                                           Always                                      penses for recreational, social, or similar activi-
                                                                       deductible                                  ties (including facilities) such as a holiday party 
                                                                                                                   or a summer picnic.
                                                                                                                   5—Advertising  expenses.           You  aren’t 
                                                                                                                   subject to the 50% limit if you provide meals to 
                                                                                                                   the general public as a means of advertising or 
                                                                                                                   promoting  goodwill  in  the  community.  For  ex-
                                                      Second job                                                   ample, neither the expense of sponsoring a tel-
                                                                                                                   evision or radio show nor the expense of distrib-
Home: The place where you reside. Transportation expenses between your home and                                    uting  free  food  and  beverages  to  the  general 
your main or regular place of work are personal commuting expenses.                                                public is subject to the 50% limit.
Regular or main job: Your principal place of business. If you have more than one job,                              6—Sale of meals.      You aren’t subject to the 
you must determine which one is your regular or main job. Consider the time you                                    50% limit if you actually sell meals to the public. 
spend at each, the activity you have at each, and the income you earn at each.                                     For  example,  if  you  run  a  restaurant,  your  ex-
                                                                                                                   pense for the food you furnish to your custom-
Temporary work location: A place where your work assignment is realistically                                       ers isn’t subject to the 50% limit.
expected to last (and does in fact last) one year or less. Unless you have a regular
place of business, you can only deduct your transportation expenses to a temporary                                 Individuals  subject  to  “hours  of  service” 
work location outside your metropolitan area.                                                                      limits. You can deduct a higher percentage of 
Second job: If you regularly work at two or more places in one day, whether or not                                 your meal expenses while traveling away from 
for the same employer, you can deduct your transportation expenses of getting from                                 your tax home if the meals take place during or 
one workplace to another. If you don’t go directly from your rst job to your second                               incident to any period subject to the Department 
job, you can only deduct the transportation expenses of going directly from your rst                              of Transportation's “hours of service” limits. The 
job to your second job. You can’t deduct your transportation expenses between                                      percentage is 80%.
your home and a second job on a day off from your main job.                                                        Individuals  subject  to  the  Department  of 
                                                                                                                   Transportation's “hours of service” limits include 
business  purposes  are  served,  no  member  of       1—Expenses  treated  as  compensation.                      the following persons.
the group can deduct any part of the expense.          In  general,  expenses  for  goods,  services,  and         Certain air transportation workers (such as 
                                                       facilities, to the extent the expenses are treated            pilots, crew, dispatchers, mechanics, and 
Example 1.  You spend $200 (including tax              by the taxpayer, with respect to entertainment,               control tower operators) who are under 
and  tip)  for  a  business  meal.  If  $110  of  that amusement, or recreation, as compensation to                  Federal Aviation Administration regula-
amount isn’t allowable because it is lavish and        an employee and as wages to the employee for                  tions.
extravagant, the remaining $90 is subject to the       tax purposes.                                               Interstate truck operators and bus drivers 
50%  limit.  Your  deduction  can’t  be  more  than                                                                  who are under Department of Transporta-
$45 (50% (0.50) × $90).                                2—Employee's reimbursed expenses.                        If   tion regulations.
                                                       you are an employee, you aren’t subject to the              Certain railroad employees (such as engi-
Example 2.  You purchase two tickets to a              50% limit on expenses for which your employer                 neers, conductors, train crews, dispatch-
concert  for  $200  for  you  and  your  client.  Your reimburses you under an accountable plan. Ac-                 ers, and control operations personnel) who 
deduction  is  zero  because  no  deduction  is  al-   countable plans are discussed in chapter 6.                   are under Federal Railroad Administration 
                                                                                                                     regulations.
lowed for entertainment expenses.                      3—Self-employed reimbursed expenses.                        Certain merchant mariners who are under 
                                                       If you are self-employed, your deductible meal                Coast Guard regulations.
Exception to the 50% Limit                             expenses aren’t subject to the 50% limit if all of 
for Meals                                              the following requirements are met.                         7—Food  and  beverages  provided  by  a 
                                                                     You have these expenses as an independ-     restaurant. You  can  deduct  100%  of  your 
                                                                       ent contractor.                             meal expenses if the meals are food and bever-
Your meal expense isn’t subject to the 50% limit                     Your customer or client reimburses you or   ages provided by a restaurant, and paid or in-
if  the  expense  meets  one  of  the  following  ex-                  gives you an allowance for these expenses   curred  after  December  31,  2020,  and  before 
ceptions.                                                              in connection with services you perform.    January  1,  2023.  See 50%  Limit  above  and 

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IRS.gov/Newsroom/IRS-Provides-Guidance-                    1. An item that costs $4 or less and:                  Daily  transportation  expenses  you  incur  while 
on-Per-Diem-Rates-and-the-Temporary-100-                          a. Has your name clearly and perma-             traveling from home to one or more regular pla-
Percent-Deduction-for-Food-or-Beverages-                           nently imprinted on the gift, and              ces  of  business  are  generally  nondeductible 
From-Restaurants for additional information.                                                                      commuting  expenses.  However,  there  may  be 
                                                                  b. Is one of a number of identical items        exceptions to this general rule. You can deduct 
                                                                   you widely distribute. Examples in-            daily  transportation  expenses  incurred  going 
                                                                   clude pens, desk sets, and plastic             between your residence and a temporary work 
                                                                   bags and cases.                                station outside the metropolitan area where you 
                                                           2. Signs, display racks, or other promotional          live. Also, daily transportation expenses can be 
                                                             material to be used on the business prem-            deducted  if  (1)  you  have  one  or  more  regular 
3.                                                           ises of the recipient.                               work locations away from your residence; or (2) 
                                                                                                                  your  residence  is  your  principal  place  of  busi-
                                                                                                                  ness  and  you  incur  expenses  going  between 
                                                                                                                  the residence and another work location in the 
Gifts                                                      Gift or entertainment.  Any item that might be         same trade or business, regardless of whether 
                                                           considered  either  a  gift  or  entertainment  will   the work is temporary or permanent and regard-
If  you  give  gifts  in  the  course  of  your  trade  or generally  be  considered  entertainment.  How-        less of the distance.
business, you may be able to deduct all or part            ever, if you give a customer packaged food or                  If  you  are  entitled  to  a  reimbursement 
of the cost. This chapter explains the limits and          beverages you intend the customer to use at a          !       from your employer but you don’t claim 
rules for deducting the costs of gifts.                    later date, treat it as a gift.                        CAUTION it,  you  can’t  claim  a  deduction  for  the 
                                                                   If  you  are  entitled  to  a  reimbursement   expenses  to  which  that  unclaimed  reimburse-
                                                                                                                  ment applies. This type of deduction is consid-
for business gifts you give directly or indirectly         CAUTION it,  you  can’t  claim  a  deduction  for  the 
$25  limit.   You  can  deduct  no  more  than  $25        !       from your employer but you don’t claim         ered a miscellaneous deduction that is no lon-
to each person during your tax year. A gift to a           expenses  to  which  that  unclaimed  reimburse-       ger  allowable  due  to  the  suspension  of 
company that is intended for the eventual per-             ment applies. This type of deduction is consid-        miscellaneous  itemized  deductions  subject  to 
sonal use or benefit of a particular person or a           ered a miscellaneous deduction that is no lon-         the 2% floor under section 67(a).
limited class of people will be considered an in-          ger  allowable  due  to  the  suspension  of 
direct gift to that particular person or to the indi-      miscellaneous  itemized  deductions  subject  to       Illustration of transportation expenses. Fig-
viduals within that class of people who receive            the 2% floor under section 67(a).                      ure B, earlier, illustrates the rules that apply for 
the gift.
If you give a gift to a member of a custom-                                                                       deducting  transportation  expenses  when  you 
er's family, the gift is generally considered to be                                                               have  a  regular  or  main  job  away  from  your 
an indirect gift to the customer. This rule doesn’t                                                               home. You may want to refer to it when decid-
apply if you have a bona fide, independent busi-                                                                  ing whether you can deduct your transportation 
ness  connection  with  that  family  member  and                                                                 expenses.
the  gift  isn’t  intended  for  the  customer's  even-
                                                                                                                  Temporary work location.  If you have one or 
tual use.                                                  4.                                                     more  regular  work  locations  away  from  your 
If you and your spouse both give gifts, both                                                                      home and you commute to a temporary work lo-
of  you  are  treated  as  one  taxpayer.  It  doesn’t                                                            cation in the same trade or business, you can 
matter whether you have separate businesses,                                                                      deduct  the  expenses  of  the  daily  round-trip 
are  separately  employed,  or  whether  each  of          Transportation
                                                                                                                  transportation between your home and the tem-
you has an independent connection with the re-                                                                    porary location, regardless of distance.
cipient. If a partnership gives gifts, the partner-        This  chapter  discusses  expenses  you  can  de-
ship  and  the  partners  are  treated  as  one  tax-      duct  for  business  transportation  when  you         If your employment at a work location is real-
payer.                                                     aren’t traveling away from home, as defined in         istically expected to last (and does in fact last) 
                                                           chapter 1. These expenses include the cost of          for 1 year or less, the employment is temporary 
Example.      You sell products to Local Com-              transportation by air, rail, bus, taxi, etc., and the  unless  there  are  facts  and  circumstances  that 
pany.  You  and  your  spouse  gave  Local  Com-           cost of driving and maintaining your car.              would indicate otherwise.
pany three gourmet gift baskets to thank them                                                                     If your employment at a work location is real-
for  their  business.  They  paid  $80  for  each  gift    Transportation  expenses  include  the  ordinary       istically expected to last for more than 1 year or 
basket, or $240 total. Three of Local Company's            and necessary costs of all of the following.           if there is no realistic expectation  that  the em-
executives took the gift baskets home for their            Getting from one workplace to another in             ployment will last for 1 year or less, the employ-
families' use. You and your spouse have no in-               the course of your business or profession            ment  isn’t  temporary,  regardless  of  whether  it 
dependent business relationship with any of the              when you are traveling within the city or            actually lasts for more than 1 year.
executives' other family members. They can de-               general area that is your tax home. Tax              If  employment  at  a  work  location  initially  is 
duct a total of $75 ($25 limit × 3) for the gift bas-        home is defined in chapter 1.                        realistically expected to last for 1 year or less, 
kets.                                                      Visiting clients or customers.                       but at some later date the employment is realis-
                                                           Going to a business meeting away from                tically  expected  to  last  more  than  1  year,  that 
Incidental costs. Incidental costs, such as en-              your regular workplace.                              employment  will  be  treated  as  temporary  (un-
graving on jewelry, or packaging, insuring, and            Getting from your home to a temporary                less  there  are  facts  and  circumstances  that 
mailing, are generally not included in determin-             workplace when you have one or more                  would indicate otherwise) until your expectation 
ing  the  cost  of  a  gift  for  purposes  of  the  $25     regular places of work. These temporary              changes. It won’t be treated as temporary after 
limit.                                                       workplaces can be either within the area of          the date you determine it will last more than 1 
A cost is incidental only if it doesn’t add sub-             your tax home or outside that area.                  year.
stantial value to the gift. For example, the cost          Transportation  expenses  don’t  include  expen-       If the temporary work location is beyond the 
of gift wrapping is an incidental cost. However,           ses  you  have  while  traveling  away  from  home     general area of your regular place of work and 
the purchase of an ornamental basket for pack-             overnight. Those expenses are travel expenses          you stay overnight, you are traveling away from 
aging fruit isn’t an incidental cost if the value of       discussed  in chapter  1.  However,  if  you  use      home.  You  may  have  deductible  travel  expen-
the basket is substantial compared to the value            your car while traveling away from home over-          ses, as discussed in chapter 1.
of the fruit.                                              night, use the rules in this chapter to figure your 
                                                           car  expense  deduction.  See   Car  Expenses,         No regular place of work. If you have no reg-
Exceptions.   The following items aren’t consid-           later.                                                 ular place of work but ordinarily work in the met-
ered gifts for purposes of the $25 limit.                                                                         ropolitan  area  where  you  live,  you  can  deduct 
                                                                                                                  daily transportation costs between home and a 

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temporary  work  site  outside  that  metropolitan    business. You can’t deduct your commuting ex-            inside the metropolitan area is considered your 
area.                                                 penses.                                                  office.  Transportation  expenses  between  your 
Generally, a metropolitan area includes the                                                                    home  and  this  first  contact  are  nondeductible 
area within the city limits and the suburbs that      Parking  fees.      Fees  you  pay  to  park  your       commuting expenses. Transportation expenses 
are considered part of that metropolitan area.        car at your place of business are nondeductible          between  your  last  business  contact  and  your 
                                                      commuting  expenses.  You  can,  however,  de-           home  are  also  nondeductible  commuting  ex-
You  can’t  deduct  daily  transportation  costs      duct  business-related  parking  fees  when  visit-      penses.  While  you  can’t  deduct  the  costs  of 
between  your  home  and  temporary  work  sites      ing a customer or client.                                these trips, you can deduct the costs of going 
within your metropolitan area. These are nonde-
ductible commuting expenses.                          Advertising  display  on  car.       Putting  dis-       from one client or customer to another.
                                                      play  material  that  advertises  your  business  on 
Two places of work.   If you work at two places       your  car  doesn’t  change  the  use  of  your  car 
in 1 day, whether or not for the same employer,       from  personal  use  to  business  use.  If  you  use    Car Expenses
you can deduct the expense of getting from one        this car for commuting or other personal uses, 
workplace  to  the  other.  However,  if  for  some   you  still  can’t  deduct  your  expenses  for  those    If you use your car for business purposes, you 
personal reason you don’t go directly from one        uses.                                                    may be able to deduct car expenses. You can 
location  to  the  other,  you  can’t  deduct  more                                                            generally use one of the two following methods 
than the amount it would have cost you to go di-      Car pools. You can’t deduct the cost of us-              to figure your deductible expenses.
rectly from the first location to the second.         ing  your  car  in  a  nonprofit  car  pool.  Don’t  in-   Standard mileage rate.
Transportation expenses you have in going             clude  payments  you  receive  from  the  passen-          Actual car expenses.
between home and a part-time job on a day off         gers  in  your  income.  These  payments  are 
from  your  main  job  are  commuting  expenses.      considered  reimbursements  of  your  expenses.                  If you qualify to use both methods, you 
You can’t deduct them.                                However, if you operate a car pool for a profit,         TIP     may want to figure your deduction both 
                                                      you must include payments from passengers in                     ways  to  see  which  gives  you  a  larger 
Armed  Forces  reservists.   A  meeting  of  an       your income. You can then deduct your car ex-            deduction.
Armed Forces reserve unit is a second place of        penses (using the rules in this publication).
                                                                                                               The cost of using your car as an employee, 
business  if  the  meeting  is  held  on  a  day  on  Hauling  tools  or  instruments.     Hauling             whether  measured  using  actual  expenses  or 
which you work at your regular job. You can de-       tools or instruments in your car while commut-           the standard mileage rate, will no longer be al-
duct the expense of getting from one workplace        ing to and from work doesn’t make your car ex-           lowed  to  be  claimed  as  an  unreimbursed  em-
to the other as just discussed under Two places       penses  deductible.  However,  you  can  deduct          ployee travel expense as a miscellaneous item-
of work.                                              any additional costs you have for hauling tools          ized  deduction  due  to  the  suspension  of 
You usually can’t deduct the expense if the           or instruments (such as for renting a trailer you        miscellaneous  itemized  deductions  that  are 
reserve meeting is held on a day on which you         tow with your car).                                      subject to the 2% floor under section 67(a). The 
don’t work at your regular job. In this case, your 
transportation  is  generally  a  nondeductible       Union members' trips from a union hall.                  suspension applies to tax years beginning after 
commuting expense. However, you can deduct            If you get your work assignments at a union hall         December 2017 and before January 2026. De-
your  transportation  expenses  if  the  location  of and then go to your place of work, the costs of          ductions for expenses that are deductible in de-
the meeting is temporary and you have one or          getting from the union hall to your place of work        termining  adjusted  gross  income  are  not  sus-
more regular places of work.                          are  nondeductible  commuting  expenses.  Al-            pended. For example, Armed Forces reservists, 
If  you  ordinarily  work  in  a  particular  metro-  though you need the union to get your work as-           qualified performing artists, and fee-basis state 
politan area but not at any specific location and     signments, you are employed where you work,              or local government officials are allowed to de-
the reserve meeting is held at a temporary loca-      not where the union hall is located.                     duct  unreimbursed  employee  travel  expenses 
                                                                                                               as an adjustment to total income on Schedule 1 
tion outside that metropolitan area, you can de-                                                               (Form 1040), line 12.
duct your transportation expenses.                    Office  in  the  home. If  you  have  an  office  in 
If you travel away from home overnight to at-         your home that qualifies as a principal place of         If you use actual expenses to figure your de-
tend  a  guard  or  reserve  meeting,  you  can  de-  business, you can deduct your daily transporta-          duction for a car you lease, there are rules that 
duct your travel expenses. These expenses are         tion  costs  between  your  home  and  another           affect  the  amount  of  your  lease  payments  you 
discussed in chapter 1.                               work  location  in  the  same  trade  or  business.      can deduct. See Leasing a Car, later.
                                                      (See Pub. 587, Business Use of Your Home, for 
If you travel more than 100 miles away from           information  on  determining  if  your  home  office     In  this  publication,  “car”  includes  a  van, 
home  in  connection  with  your  performance  of     qualifies as a principal place of business.)             pickup, or panel truck. For the definition of “car” 
services as a member of the reserves, you may 
                                                                                                               for depreciation purposes, see Car defined un-
be able to deduct some of your reserve-related        Examples of deductible transportation.       The         der Actual Car Expenses, later.
travel costs as an adjustment to gross income         following examples show when you can deduct 
rather than as an itemized deduction. For more        transportation expenses based on the location 
information, see Armed Forces Reservists Trav-        of your work and your home.                              Standard Mileage Rate
eling  More  Than  100  Miles  From  Home  under 
Special Rules in chapter 6.                           Example 1.  You regularly work in an office              For 2022, the standard mileage rate for the cost 
                                                      in the city where you live. Your employer sends          of  operating  your  car  for  business  use  is  58.5 
Commuting  expenses.    You  can’t  deduct  the       you  to  a  1-week  training  session  at  a  different  cents (0.585) per mile from January 1–June 30 
costs of taking a bus, trolley, subway, or taxi, or   office in the same city. You travel directly from        and 62.5 cents (0.625) per mile from July 1–De-
of  driving  a  car  between  your  home  and  your   your  home  to  the  training  location  and  return     cember 31.
main or regular place of work. These costs are        each day. You can deduct the cost of your daily                  If you use the standard mileage rate for 
personal  commuting  expenses.  You  can’t  de-       round-trip  transportation  between  your  home          !       a year, you can’t deduct your actual car 
duct  commuting  expenses  no  matter  how  far       and the training location.                               CAUTION expenses  for  that  year.  You  can’t  de-
your  home  is  from  your  regular  place  of  work. 
                                                                                                               duct  depreciation,  lease  payments,  mainte-
You can’t deduct commuting expenses even if           Example  2. Your  principal  place  of  busi-            nance and repairs, gasoline (including gasoline 
you work during the commuting trip.                   ness is in your home. You can deduct the cost            taxes),  oil,  insurance,  or  vehicle  registration 
                                                      of round-trip transportation between your quali-         fees.  See Choosing  the  standard  mileage  rate 
Example.     You  sometimes  use  your  cell          fying  home  office  and  your  client's  or  custom-    and Standard mileage rate not allowed, later.
phone to make business calls while commuting          er's place of business.
to  and  from  work.  Sometimes  business  asso-
ciates ride with you to and from work, and you        Example 3. You have no regular office, and               You can generally use the standard mileage 
have  a  business  discussion  in  the  car.  These   you  don’t  have  an  office  in  your  home.  In  this  rate  whether  or  not  you  are  reimbursed  and 
activities don’t change the trip from personal to     case, the location of your first business contact        whether  or  not  any  reimbursement  is  more  or 
                                                                                                               less than the amount figured using the standard 
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mileage  rate.  See  chapter  6  for  more  informa-     three cars and the two vans because they don’t          Sale,  trade-in,  or  other  disposition. If  you 
tion on reimbursements.                                  use them at the same time.                              sell, trade in, or otherwise dispose of your car, 
                                                                                                                 you may have a gain or loss on the transaction 
Choosing the standard mileage rate.        If you        Example  2. You  and  your  employees  use              or an adjustment to the basis of your new car. 
want to use the standard mileage rate for a car          your  four  pickup  trucks  in  your  landscaping       See Disposition of a Car, later.
you own, you must choose to use it in the first          business. During the year, you traded in two of 
year  the  car  is  available  for  use  in  your  busi- your old trucks for two newer ones. You can use 
ness.  Then,  in  later  years,  you  can  choose  to    the standard mileage rate for the business mile-        Actual Car Expenses
use  either  the  standard  mileage  rate  or  actual    age of all six of the trucks you owned during the 
expenses.                                                year.                                                   If you don’t use the standard mileage rate, you 
If you want to use the standard mileage rate                                                                     may  be  able  to  deduct  your  actual  car  expen-
for a car you lease, you must use it for the entire      Example 3.  You own a repair shop and an                ses.
lease  period.  For  leases  that  began  on  or  be-    insurance  business.  You  and  your  employees 
fore December 31, 1997, the standard mileage             use your two pickup trucks and van for the re-          Actual car expenses include:
rate must  be  used  for  the entire  portion of the     pair shop. You alternate using your two cars for 
lease  period  (including  renewals)  that  is  after    the  insurance  business.  No  one  else  uses  the     Depreciation   Lease            Registration 
1997.                                                    cars  for  business  purposes.  You  can  use  the      Licenses       payments         fees
You must make the choice to use the stand-               standard  mileage  rate  for  the  business  use  of    Gas            Insurance        Repairs
ard mileage rate by the due date (including ex-          the  pickup  trucks,  the  van,  and  the  cars  be-    Oil            Garage rent      Tires
tensions)  of  your  return.  You  can’t  revoke  the    cause you never have more than four vehicles            Tolls          Parking fees
choice. However, in later years, you can switch          used for business at the same time.
from the standard mileage rate to the actual ex-                                                                 If you have fully depreciated a car that you 
penses method. If you change to the actual ex-           Example  4. You  own  a  car  and  four  vans 
penses method in a later year, but before your           that  are  used  in  your  housecleaning  business.     still  use  in  your  business,  you  can  continue  to 
car  is  fully  depreciated,  you  have  to  estimate    Your employees use the vans, and you use the            claim your other actual car expenses. Continue 
the  remaining  useful  life  of  the  car  and  use     car to travel to various customers. You can’t use       to keep records, as explained later in chapter 5.
straight line depreciation for the car’s remaining       the  standard  mileage  rate  for  the  car  or  the 
estimated  useful  life,  subject  to  depreciation      vans. This is because all five vehicles are used        Business and personal use.      If you use your 
limits (discussed later).                                in  your  business  at  the  same  time.  You  must     car  for  both  business  and  personal  purposes, 
For more information about depreciation in-              use actual expenses for all vehicles.                   you  must  divide  your  expenses  between  busi-
                                                                                                                 ness and personal use. You can divide your ex-
cluded in the standard mileage rate, see Excep-                                                                  pense based on the miles driven for each pur-
tion under Methods of depreciation, later.               Interest. If you are an employee, you can’t de-
                                                         duct  any  interest  paid  on  a  car  loan.  This  ap- pose.
Standard  mileage  rate  not  allowed.        You        plies even if you use the car 100% for business 
can’t use the standard mileage rate if you:              as an employee.                                         Example.       You  are  a  contractor  and  drive 
                                                                                                                 your  car  20,000  miles  during  the  year:  12,000 
  Use five or more cars at the same time               However, if you are self-employed and use               miles for business use and 8,000 miles for per-
    (such as in fleet operations);                       your car in your business, you can deduct that          sonal  use.  You  can  claim  only  60%  (12,000  ÷ 
  Claimed a depreciation deduction for the             part of the interest expense that represents your       20,000)  of  the  cost  of  operating  your  car  as  a 
    car using any method other than straight             business use of the car. For example, if you use        business expense.
    line for the car’s estimated useful life;            your car 60% for business, you can deduct 60% 
  Used the Modified Accelerated Cost Re-               of the interest on Schedule C (Form 1040). You          Employer-provided vehicle.      If you use a ve-
    covery System (MACRS) (as discussed                  can’t  deduct  the  part  of  the  interest  expense    hicle  provided  by  your  employer  for  business 
    later under Depreciation Deduction);                 that represents your personal use of the car.           purposes,  you  can  deduct  your  actual  unreim-
  Claimed a section 179 deduction (dis-                      If  you  use  a  home  equity  loan  to  pur-     bursed car expenses. You can’t use the stand-
    cussed later) on the car;                            TIP   chase your car, you may be able to de-            ard mileage rate. See Vehicle Provided by Your 
  Claimed the special depreciation allow-                    duct the interest. See Pub. 936, Home             Employer in chapter 6.
    ance on the car; or                                  Mortgage Interest Deduction, for more informa-
  Claimed actual car expenses after 1997 for           tion.                                                   Interest on car loans.  If you are an employee, 
    a car you leased.                                                                                            you can’t deduct any interest paid on a car loan. 
                                                                                                                 This interest is treated as personal interest and 
Note.   You  can  elect  to  use  the  standard          Personal  property  taxes. If  you  itemize  your       isn’t  deductible.  If  you  are  self-employed  and 
mileage rate if you used a car for hire (such as a       deductions  on  Schedule  A  (Form  1040),  you         use your car in that business, see Interest, ear-
taxi) unless the standard mileage rate is other-         can deduct on line 5c state and local personal          lier, under Standard Mileage Rate.
wise not allowed, as discussed above.                    property taxes on motor vehicles. You can take 
                                                         this  deduction  even  if  you  use  the  standard      Taxes  paid  on  your  car. If  you  are  an  em-
Five or more cars.        If you own or lease five       mileage rate or if you don’t use the car for busi-      ployee, you can deduct personal property taxes 
or more cars that are used for business at the           ness.                                                   paid on your car if you itemize deductions. En-
same time, you can’t use the standard mileage            If you are self-employed and use your car in            ter  the  amount  paid  on  Schedule  A  (Form 
rate for the business use of any car. However,           your  business,  you  can  deduct  the  business        1040), line 5c.
you may be able to deduct your actual expen-             part of state and local personal property taxes 
ses for operating each of the cars in your busi-         on motor vehicles on Schedule C (Form 1040),            Sales  taxes.    Generally,  sales  taxes  on 
ness. See  Actual Car Expenses, later, for infor-        or Schedule F (Form 1040). If you itemize your          your car are part of your car's basis and are re-
mation on how to figure your deduction.                  deductions,  you  can  include  the  remainder  of      covered through depreciation, discussed later.
You aren’t using five or more cars for busi-             your state and local personal property taxes on 
ness  at  the  same  time  if  you  alternate  using     the car on Schedule A (Form 1040).                      Fines  and  collateral. You  can’t  deduct  fines 
(use at different times) the cars for business.                                                                  you pay or collateral you forfeit for traffic viola-
The  following  examples  illustrate  the  rules         Parking  fees  and  tolls. In  addition  to  using      tions.
for  when  you  can  and  can’t  use  the  standard      the standard mileage rate, you can deduct any 
mileage rate for five or more cars.                      business-related  parking  fees  and  tolls.  (Park-    Casualty and theft losses.  If your car is dam-
                                                         ing fees you pay to park your car at your place         aged, destroyed, or stolen, you may be able to 
Example 1.      A salesperson owns three cars            of  work  are  nondeductible  commuting  expen-         deduct  part  of  the  loss  not  covered  by  insur-
and two vans that they alternate using for call-         ses.)                                                   ance. See Pub. 547, Casualties, Disasters, and 
ing on their customers. They can use the stand-                                                                  Thefts,  for  information  on  deducting  a  loss  on 
ard mileage rate for the business mileage of the                                                                 your car.

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Depreciation  and  section  179  deductions.               the car by the amount of the section 179 deduc-         listed  above  cannot  be  more  than  the  taxable 
Generally, the cost of a car, plus sales tax and           tion.                                                   income from the active conduct of any trade or 
improvements,  is  a  capital  expense.  Because                                                                   business during the year.
the benefits last longer than 1 year, you gener-                   There is a limit on the total section 179          If you are married and file a joint return, you 
ally  can’t  deduct  a  capital  expense.  However,        TIP     deduction,  special  depreciation  allow-       and your spouse are treated as one taxpayer in 
you  can  recover  this  cost  through  the  section               ance,  and  depreciation  deduction  for        determining any reduction to the dollar limit, re-
179  deduction  (the  deduction  allowed  by  sec-         cars, trucks, and vans that may reduce or elimi-        gardless  of  which  of  you  purchased  the  prop-
tion 179 of the Internal Revenue Code), special            nate any benefit from claiming the section 179          erty or placed it in service.
depreciation  allowance,  and  depreciation  de-           deduction. See Depreciation Limits, later.                 If you and your spouse file separate returns, 
ductions.  Depreciation  allows  you  to  recover                                                                  you  are  treated  as  one  taxpayer  for  the  dollar 
the  cost  over  more  than  1  year  by  deducting        You  can  claim  the  section  179  deduction           limit. You must allocate the dollar limit (after any 
part of it each year. The section 179 deduction,           only in the year you place the car in service. For      reduction) between you.
special  depreciation  allowance,  and deprecia-           this purpose, a car is placed in service when it           For  more  information  on  the  above  section 
tion deductions are discussed later.                       is  ready  and  available  for  a  specifically  as-    179 deduction limits, see Pub. 946, How To De-
Generally,  there  are  limits  on  these  deduc-          signed use in a trade or business. Even if you          preciate Property.
tions.  Special  rules  apply  if  you  use  your  car     aren’t using the property, it is in service when it 
50% or less in your work or business.                      is  ready  and  available  for  its  specifically  as-     Limit  for  sport  utility  and  certain  other 
You can claim a section 179 deduction and                  signed use.                                             vehicles. You  cannot  elect  to  deduct  more 
                                                                                                                   than $27,000 of the cost of any heavy sport util-
use  a  depreciation  method  other  than  straight                                                                ity  vehicle  (SUV)  and  certain  other  vehicles 
line only if you don’t use the standard mileage            A car first used for personal purposes can’t 
rate to figure your business-related car expen-            qualify for the deduction in a later year when its      placed in service during the tax years beginning 
ses in the year you first place a car in service.          use changes to business.                                in  2022.  This  rule  applies  to  any  four-wheeled 
                                                                                                                   vehicle primarily designed or used to carry pas-
If, in the year you first place a car in service,                                                                  sengers over public streets, roads, or highways 
you claim either a section 179 deduction or use            Example.    In  2021,  you  bought  a  new  car 
a  depreciation  method  other  than  straight  line       and used it for personal purposes. In 2022, you         that isn’t subject to any of the passenger auto-
for  its  estimated  useful  life,  you  can’t  use  the   began to use it for business. Changing its use to       mobile limits explained under Depreciation Lim-
standard mileage rate on that car in any future            business use doesn’t qualify the cost of your car       its,  later,  and  that  is  rated  at  more  than  6,000 
year.                                                      for a section 179 deduction in 2022. However,           pounds gross vehicle weight and not more than 
                                                           you can claim a depreciation deduction for the          14,000 pounds gross vehicle weight. However, 
Car defined. For depreciation purposes, a car              business  use  of  the  car  starting  in  2022.  See   the $27,000 limit doesn’t apply to any vehicle:
is any four-wheeled vehicle (including a truck or          Depreciation Deduction, later.                           Designed to have a seating capacity of 
                                                                                                                      more than nine persons behind the driver's 
van)  made  primarily  for  use  on  public  streets,                                                                 seat;
roads, and highways. Its unloaded gross vehi-              More  than  50%  business  use  requirement. 
cle  weight  (for  trucks  and  vans,  gross  vehicle      You must use the property more than 50% for              Equipped with a cargo area of at least 6 
weight) must not be more than 6,000 pounds. A              business to claim any section 179 deduction. If            feet in interior length that is an open area 
car includes any part, component, or other item            you used the property more than 50% for busi-              or is designed for use as an open area but 
physically  attached  to  it  or  usually  included  in    ness,  multiply  the  cost  of  the  property  by  the     is enclosed by a cap and isn’t readily ac-
the purchase price.                                        percentage  of  business  use.  The  result  is  the       cessible directly from the passenger com-
A car doesn’t include:                                     cost of the property that can qualify for the sec-         partment; or
An ambulance, hearse, or combination                     tion 179 deduction.                                      That has an integral enclosure, fully en-
                                                                                                                      closing the driver compartment and load 
  ambulance-hearse used directly in a busi-                Example.    You purchased a new car in April               carrying device, doesn’t have seating rear-
  ness;                                                    2022 for $24,500 and used it 60% for business.             ward of the driver's seat, and has no body 
A vehicle used directly in the business of               Based on your business usage, the total cost of            section protruding more than 30 inches 
  transporting persons or property for pay or              your  car  that  qualifies  for  the  section  179  de-    ahead of the leading edge of the wind-
  hire; or                                                 duction is $14,700 ($24,500 cost × 60% (0.60)              shield.
A truck or van that is a qualified nonperso-             business  use).  But  see Limit  on  total  section 
  nal use vehicle.                                         179,  special  depreciation  allowance,  and  de-          Limit  on  total  section  179  deduction, 
Qualified  nonpersonal  use  vehicles.                     preciation deduction, discussed later.                  special depreciation allowance, and depre-
These  are  vehicles  that  by  their  nature  aren’t                                                              ciation  deduction. The  first-year  limit  on  the 
likely  to  be  used  more  than  a  minimal  amount       Limits. There are limits on:                            depreciation deduction, special depreciation al-
for personal purposes. They include trucks and             The amount of the section 179 deduction;              lowance,  and  section  179  deduction  for  vehi-
vans that have been specially modified so that             The section 179 deduction for sport utility           cles acquired before September 28, 2017, and 
they aren’t likely to be used more than a mini-              and certain other vehicles; and                       placed in service during 2022, is $11,200. The 
mal amount for personal purposes, such as by               The total amount of the section 179 deduc-            first-year limit on depreciation, special deprecia-
installation of permanent shelving and painting              tion, special depreciation allowance, and             tion  allowance,  and  section  179  deduction  for 
the vehicle to display advertising or the compa-             depreciation deduction (discussed later)              vehicles  acquired  after  September  27,  2017, 
ny's name. Delivery trucks with seating only for             you can claim for a qualified property.               and placed in service during 2022 increases to 
                                                                                                                   $19,200. If you elect not to claim a special de-
the  driver,  or  only  for  the  driver  plus  a  folding Limit  on  the  amount  of  the  section  179           preciation  allowance  for  a  vehicle  placed  in 
jump seat, are qualified nonpersonal use vehi-             deduction.  For  tax  years  beginning  in  2022,       service  in  2022,  the  amount  increases  to 
cles.                                                      the total amount you can elect to deduct under          $11,200.  The  limit  is  reduced  if  your  business 
More  information.   See  Depreciation  De-                section  179  generally  can’t  be  more  than          use of the vehicle is less than 100%. See      De-
duction,  later,  for  more  information  on  how  to      $1,080,000.                                             preciation Limits, later, for more information.
depreciate your vehicle.                                   If  the  cost  of  your  section  179  property 
                                                           placed in service in tax years beginning in 2022           Example. In  the earlier  example  under 
                                                           is  over  $2,700,000,  you  must  reduce  the           More than 50% business use requirement, you 
Section 179 Deduction                                      $1,080,000 dollar limit (but not below zero) by         had a car with a cost (for purposes of the sec-
                                                           the amount of cost over $2,700,000. If the cost         tion  179  deduction)  of  $14,700.  However, 
You can elect to recover all or part of the cost of        of  your  section  179  property  placed  in  service   based  on  your  business  usage  of  the  car,  the 
a car that is qualifying section 179 property, up          during  tax  years  beginning  in  2022  is             total of your section 179 deduction, special de-
to a limit, by deducting it in the year you place          $3,780,000  or  more,  you  can’t  take  a  section     preciation  allowance,  and  depreciation  deduc-
the property in service. This is the section 179           179 deduction.                                          tions is limited to $11,520 ($19,200 limit x 60% 
deduction.  If  you  elect  the  section  179  deduc-      The total amount you can deduct under sec-              (0.60)  business  use)  because  the  car  was 
tion, you must reduce your depreciable basis in            tion  179  each  year  after  you  apply  the  limits 
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acquired after September 27, 2017, and placed          year during the recovery period, you have to re-       Election  not  to  claim  the  special  deprecia-
in service during 2022.                                capture  (include  in  income)  in  that  later  year  tion allowance.   You can elect not to claim the 
                                                       any  excess  depreciation.  Any  section  179  de-     special  depreciation  allowance  for  your  car, 
Cost  of  car. For  purposes  of  the  section  179    duction claimed on the car is included in figur-       truck,  or  van  that  is  qualified  property.  If  you 
deduction,  the  cost  of  the  car  doesn’t  include  ing the excess depreciation. For information on        make this election, it applies to all 5-year prop-
any  amount  figured  by  reference  to  any  other    this calculation, see Excess depreciation, later       erty placed in service during the year.
property held by you at any time. For example,         in this chapter under Car Used 50% or Less for         To make this election, attach a statement to 
if you buy a car as a replacement for a car that       Business. For more information on recapture of         your timely filed return (including extensions) in-
was stolen or that was destroyed in a casualty         a section 179 deduction, see Pub. 946.                 dicating  the  class  of  property  (5-year  for  cars) 
loss, and you use section 1033 to determine the                                                               for which you are making the election and that 
basis in your replacement vehicle, your cost for       Dispositions.    If you dispose of a car on which      you are electing not to claim the special depre-
purposes of the section 179 deduction doesn’t          you had claimed the section 179 deduction, the         ciation  allowance  for  qualified  property  in  that 
include your adjusted basis in the relinquished        amount of that deduction is treated as a depre-        class of property.
car.  In  that  case,  your  cost  includes  only  the ciation  deduction  for  recapture  purposes.  You 
cash you paid.                                         treat any gain on the disposition of the property               Unless you elect not to claim the spe-
                                                       as ordinary income up to the amount of the sec-                 cial  depreciation  allowance,  you  must 
Basis  of  car  for  depreciation.       The           tion 179 deduction and any allowable deprecia-         CAUTION! reduce the car's adjusted basis by the 
amount  of  the  section  179  deduction  reduces      tion  (unless  you  establish  the  amount  actually   amount of the allowance, even if the allowance 
your basis in your car. If you choose the section      allowed). For information on the disposition of a      wasn’t claimed.
179 deduction, you must subtract the amount of         car, see Disposition of a Car, later. For more in-
the deduction from the cost of your car. The re-       formation on recapture of a section 179 deduc-         Depreciation Deduction
sulting amount is the basis in your car you use        tion, see Pub. 946.
to figure your depreciation deduction.
                                                                                                              If you use actual car expenses to figure your de-
When to elect. If you want to take the section         Special Depreciation Allowance                         duction for a car you own and use in your busi-
179  deduction,  you  must  make  the  election  in                                                           ness,  you  can  claim  a  depreciation  deduction. 
the  tax  year  you  place  the  car  in  service  for You may be able to claim the special deprecia-         This  means  you  can  deduct  a  certain  amount 
business or work.                                      tion allowance for your car, truck, or van if it is    each  year  as  a  recovery  of  your  cost  or  other 
                                                       qualified property and was placed in service in        basis in your car.
How to elect.  Employees use Form 2106, Em-            2022.  The  allowance  for  2022  is  an  additional 
ployee  Business  Expenses,  to  make  the  elec-      depreciation  deduction  for  100%  of  the  car's     You  generally  need  to  know  the  following 
tion  and  report  the  section  179  deduction.  All  depreciable basis (after any section 179 deduc-        things about the car you intend to depreciate.
others use Form 4562, Depreciation and Amor-           tion,  but  before  figuring  your  regular  deprecia- Your basis in the car.
tization, to make an election.                         tion deduction under MACRS) if the vehicle was         The date you place the car in service.
                                                       acquired after September 27, 2017, and placed 
        Form  2106  is  only  used  by  Armed          in service during 2022. Further, while it applies      The method of depreciation and recovery 
                                                                                                                period you will use.
!       Forces  reservists,  qualified  performing     to a new vehicle, it also applies to a used vehi-
CAUTION artists, fee-basis state or local govern-      cle only if the vehicle meets the used property        Basis.   Your basis in a car for figuring deprecia-
ment  officials,  and  employees  with  impair-        requirements. For more information on the used         tion  is  generally  its  cost.  This  includes  any 
ment-related  work  expenses.  Due  to  the  sus-      property requirements, see section 168(k)(2)(E)        amount you borrow or pay in cash, other prop-
pension  of  miscellaneous  itemized  deductions       (ii). To qualify for the allowance, more than 50%      erty, or services.
subject to the 2% floor under section 67(a), em-       of the use of the car must be in a qualified busi-     Generally,  you  figure  depreciation  on  your 
ployees who do not fit into one of the listed cat-     ness  use  (as  defined  under Depreciation  De-       car,  truck,  or  van  using  your  unadjusted  basis 
egories may not use Form 2106.                         duction, later).                                       (see Unadjusted  basis,  later).  However,  in 
File  the  appropriate  form  with  either  of  the                                                           some situations, you will use your adjusted ba-
following.                                             Combined  depreciation.     The  first-year  limit 
Your original tax return filed for the year the      on the depreciation deduction, special depreci-        sis (your basis reduced by depreciation allowed 
  property was placed in service (whether or           ation allowance, and section 179 deduction for         or allowable in earlier years). For one of these 
  not you file it timely).                             vehicles acquired before September 28, 2017,           situations, see Exception under Methods of de-
An amended return filed within the time              and placed in service during 2022, is $11,200.         preciation, later.
  prescribed by law. An election made on an            Your  combined  section  179  depreciation,  spe-      If you change the use of a car from personal 
  amended return must specify the item of              cial  depreciation  allowance,  and  regular           to  business,  your  basis  for  depreciation  is  the 
  section 179 property to which the election           MACRS depreciation deduction is limited to the         lesser of the fair market value or your adjusted 
  applies and the part of the cost of each             maximum allowable depreciation deduction for           basis in the car on the date of conversion. Addi-
  such item to be taken into account. The              vehicles  acquired  after  September  27,  2017,       tional  rules  concerning  basis  are  discussed 
  amended return must also include any re-             and placed in service during 2022 is $19,200. If       later in this chapter under Unadjusted basis.
  sulting adjustments to taxable income.               you elect not to claim a special depreciation al-
                                                       lowance for a vehicle placed in service in 2022,       Placed  in  service. You  generally  place  a  car 
        You  must  keep  records  that  show  the      the  amount  is  $11,200.  See Depreciation  Lim-      in  service  when  it  is  available  for  use  in  your 
!       specific  identification  of  each  piece  of  its, later in this chapter.                            work or business, in an income-producing activ-
CAUTION qualifying section 179 property. These                                                                ity, or in a personal activity. Depreciation begins 
records must show how you acquired the prop-           Qualified car.   To be qualified property, the car     when the car is placed in service for use in your 
erty, the person you acquired it from, and when        (including the truck or van) must meet all of the      work  or  business  or  for  the  production  of  in-
you placed it in service.                              following tests.                                       come.
                                                        You acquired the car after September 27,            For purposes of figuring depreciation, if you 
Revoking an election.      An election (or any            2017, but only if no written binding contract       first start using the car only for personal use and 
specification  made  in  the  election)  to  take  a      to acquire the car existed before Septem-           later  convert  it  to  business  use,  you  place  the 
section 179 deduction for 2022 can only be re-            ber 28, 2017.                                       car in service on the date of conversion.
voked with the Commissioner's approval.                 You acquired the car new or used.                   Car placed in service and disposed of in 
Recapture of section 179 deduction.   To be             You placed the car in service in your trade         the  same  year.  If  you  place  a  car  in  service 
eligible to claim the section 179 deduction, you          or business before January 1, 2027.                 and dispose of it in the same tax year, you can’t 
                                                                                                              claim any depreciation deduction for that car.
must use your car more than 50% for business            You used the car more than 50% in a quali-
or work in the year you acquired it. If your busi-        fied business use during the tax year.              Methods of depreciation.    Generally, you fig-
ness use of the car is 50% or less in a later tax                                                             ure  depreciation  on  cars  using  the Modified 
                                                                                                                   Chapter 4    Transportation    Page 17



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Accelerated  Cost  Recovery  (MACRS)  dis-               tax year, you must allocate the use to the vari-         If you acquired the car by gift or inheritance, 
cussed later in this chapter.                            ous purposes. You do this on the basis of mile-          see  Pub.  551,  Basis  of  Assets,  for  information 
                                                         age.  Figure  the  percentage  of  qualified  busi-      on your basis in the car.
Exception.     If  you  used  the  standard  mile-       ness  use  by  dividing  the  number  of  miles  you 
age  rate  in  the  first  year  of  business  use  and  drive your car for business purposes during the          Improvements.      A major improvement to a 
change to the actual expenses method in a later          year by the total number of miles you drive the          car is treated as a new item of 5-year recovery 
year,  you  can’t  depreciate  your  car  under  the     car during the year for any purpose.                     property. It is treated as placed in service in the 
MACRS rules. You must use straight line depre-                                                                    year the improvement is made. It doesn’t matter 
ciation over the estimated remaining useful life         Change  from  personal  to  business  use.   If          how  old  the  car  is  when  the  improvement  is 
of the car. The amount you depreciate can’t be           you  change  the  use  of  a  car  from  100%  per-      added. Follow the same steps for depreciating 
more than the depreciation limit that applies for        sonal use to business use during the tax year,           the improvement as you would for depreciating 
that year. See Depreciation Limits, later.               you may not have mileage records for the time            the original cost of the car. However, you must 
To figure depreciation under the straight line           before the change to business use. In this case,         treat  the  improvement  and  the  car  as  a  whole 
method, you must reduce your basis in the car            you  figure  the  percentage  of  business  use  for     when applying the limits on the depreciation de-
(but not below zero) by a set rate per mile for all      the year as follows.                                     ductions. Your car's depreciation deduction for 
miles for which you used the standard mileage                                                                     the year (plus any section 179 deduction, spe-
rate. The rate per mile varies depending on the          1. Determine the percentage of business use              cial  depreciation  allowance,  and  depreciation 
year(s) you used the standard mileage rate. For              for the period following the change. Do              on  any  improvements)  can’t  be  more  than  the 
the rate(s) to use, see Depreciation adjustment              this by dividing business miles by total             depreciation limit that applies for that year. See 
when you used the standard mileage rate under                miles driven during that period.                     Depreciation Limits, later.
Disposition of a Car, later.                             2. Multiply the percentage in (1) by a fraction. 
This reduction of basis is in addition to those              The numerator (top number) is the number             Car  trade-in. If  you  traded  one  car  (the  “old 
basis adjustments described later under    Unad-             of months the car is used for business,              car”) for another car (the “new car”) in 2022, you 
justed basis. You must use your adjusted basis               and the denominator (bottom number) is               must treat the transaction as a disposition of the 
in  your  car  to  figure  your  depreciation  deduc-        12.                                                  old  car  and  the  purchase  of  the  new  car.  You 
tion.  For  additional  information  on  the  straight                                                            must treat the old car as disposed of at the time 
line method of depreciation, see Pub. 946.               Example.     You  use  a  car  only  for  personal       of  the  trade-in.  The  depreciable  basis  of  the 
                                                         purposes during the first 6 months of the year.          new car is the adjusted basis of the old car (fig-
More-than-50%-use test.      Generally, you must         During the last 6 months of the year, you drive          ured as if 100% of the car’s use had been for 
use your car more than 50% for qualified busi-           the car a total of 15,000 miles of which 12,000          business purposes) plus any additional amount 
ness use (defined next) during the year to use           miles  are  for  business.  This  gives  you  a  busi-   you paid for the new car. You then figure your 
MACRS.      You         must      meet     this          ness use percentage of 80% (12,000 ÷ 15,000)             depreciation  deduction  for  the  new  car  begin-
more-than-50%-use test each year of the recov-           for that period. Your business use for the year is       ning with the date you placed it in service. You 
ery period (6 years under MACRS) for your car.           40% (80% (0.80) ×  / ).6 12                              must  also  complete  Form  2106,  Part  II,  Sec-
If  your  business  use  is  50%  or  less,  you                                                                  tion  D.  This  method  is  explained  later,  begin-
must use the straight line method to depreciate          Limits. The  amount  you  can  claim  for  section       ning at Effect of trade-in on basis.
your car. This is explained later under Car Used         179,  special  depreciation  allowance,  and  de-                Form  2106  is  only  used  by  Armed 
50% or Less for Business.                                preciation deductions may be limited. The maxi-          !       Forces  reservists,  qualified  performing 
                                                         mum  amount  you  can  claim  depends  on  the           CAUTION artists, fee-basis state or local govern-
Qualified business use.      A qualified business        year  in  which  you  placed  your  car  in  service.    ment  officials,  and  employees  with  impair-
use  is  any  use  in  your  trade  or  business.  It    You have to reduce the maximum amount if you             ment-related  work  expenses.  Due  to  the  sus-
doesn’t  include  use  for  the  production  of  in-     did  not  use  the  car  exclusively  for  business.     pension  of  miscellaneous  itemized  deductions 
come (investment use), or use provided under             See Depreciation Limits, later.                          subject to the 2% floor under section 67(a), em-
lease to, or as compensation to, a 5% owner or                                                                    ployees who do not fit into one of the listed cat-
related person. However, you do combine your             Unadjusted  basis.   You  use  your  unadjusted          egories may not use Form 2106.
business and investment use to figure your de-           basis (often referred to as your basis or your ba-
preciation deduction for the tax year.                   sis for depreciation) to figure your depreciation        Effect  of  trade-in  on  basis.    The  discus-
Use of your car by another person.         Don’t         using the MACRS depreciation chart, explained            sion that follows applies to trade-ins of cars in 
treat any use of your car by another person as           later  under Modified  Accelerated  Cost  Recov-         2022, where the election was made to treat the 
use  in  your  trade  or  business  unless  that  use    ery  System  (MACRS).  Your  unadjusted  basis           transaction  as  a  disposition  of  the  old  car  and 
meets one of the following conditions.                   for figuring depreciation is your original basis in-     the purchase of the new car. For information on 
It is directly connected with your business.           creased or decreased by certain amounts.                 how to figure depreciation for cars involved in a 
It is properly reported by you as income to            To figure your unadjusted basis, begin with              like-kind exchange (trade-in) in 2022, for which 
  the other person (and, if you have to, you             your  car's  original  basis,  which  is  generally  its the  election  wasn’t  made,  see  Pub.  946  and 
  withhold tax on the income).                           cost.  Cost  includes  sales  taxes  (see Sales          Regulations section 1.168(i)-6(d)(3).
It results in a payment of fair market rent.           taxes, earlier), destination charges, and dealer 
  This includes any payment to you for the               preparation.  Increase  your  basis  by  any  sub-       Note.   Like kind exchanges completed after 
  use of your car.                                       stantial  improvements  you  make  to  your  car,        December 31, 2017, are generally limited to ex-
                                                         such  as  adding  air  conditioning  or  a  new  en-     changes  of  real  property  not  held  primarily  for 
Business use changes.        If you used your car        gine.  Decrease  your  basis  by  any  section  179      sale. Regulations section 1.168(i)-6 doesn't re-
more than 50% in qualified business use in the           deduction, special depreciation allowance, gas           flect this change in law.
year you placed it in service, but 50% or less in        guzzler tax, and alternative motor vehicle credit.
a  later  year  (including  the  year  of  disposition), See  Form  8910,  Alternative  Motor  Vehicle            Traded  car  used  only  for  business.   If 
you have to change to the straight line method           Credit, for information on the alternative motor         you trade in a  car you used only  in  your busi-
of  depreciation.  See  Qualified  business  use         vehicle credit.                                          ness  for  another  car  that  will  be  used  only  in 
                                                                                                                  your business, your original basis in the new car 
50% or less in a later year under Car Used 50%                   If your business use later falls to 50%          is  your  adjusted  basis  in  the  old  car,  plus  any 
or Less for Business, later.                             !       or less, you may have to recapture (in-          additional amount you pay for the new car.
    Property  doesn’t  cease  to  be  used               CAUTION clude  in  your  income)  any  excess  de-
TIP more  than  50%  in  qualified  business             preciation. See Car Used 50% or Less for Busi-           Example. You trade in a car that has an ad-
    use by reason of a transfer at death.                ness, later, for more information.                       justed basis of $5,000 for a new car. In addition, 
                                                                                                                  you pay cash of $20,000 for the new car. Your 
Use  for  more  than  one  purpose.    If  you  use                                                               original  basis  of  the  new  car  is  $25,000  (your 
your car for more than one purpose during the                                                                     $5,000  adjusted  basis  in  the  old  car  plus  the 

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$20,000  cash  paid).  Your  unadjusted  basis  is        The straight line method (SL) over a 5-year          Disposition  of  car  during  recovery  pe-
$25,000  unless  you  claim  the  section  179  de-         recovery period.                                     riod. If  you  dispose  of  the  car  before  the  last 
duction,  special  depreciation  allowance,  or                                                                  year  of  the  recovery  period,  you  are  generally 
have other increases or decreases to your origi-                  If  you  use Table  4-1  (discussed  later)    allowed a half-year of depreciation in the year of 
nal  basis,  discussed  under Unadjusted  basis,          TIP     to determine your depreciation rate for        disposition.  This  rule  applies  unless  the 
earlier.                                                          2022,  you  don’t  need  to  determine  in     mid-quarter  convention  applies  to  the  vehicle 
                                                          what  year  using  the  straight  line  method  pro-   being disposed of. See Depreciation deduction 
Traded  car  used  partly  in  business.        If        vides an equal or greater deduction. This is be-       for the year of disposition under Disposition of a 
you trade in a car you used partly in your busi-          cause  the  chart  has  the  switch  to  the  straight Car,  later,  for  information  on  how  to  figure  the 
ness for a new car you will use in your business,         line method built into its rates.                      depreciation allowed in the year of disposition.
you  must  make  a  “trade-in”  adjustment  for  the      Before choosing a method, you may wish to 
personal use of the old car. This adjustment has          consider the following facts.                          How to use the 2022 chart.         To figure your 
the effect of reducing your basis in your old car,        Using the straight line method provides              depreciation  deduction  for  2022,  find  the  per-
but not below zero, for purposes of figuring your           equal yearly deductions throughout the re-           centage  in  the  column  of Table  4-1  based  on 
depreciation  deduction  for  the  new  car.  (This         covery period.                                       the date that you first placed the car in service 
adjustment  isn’t  used,  however,  when  you  de-        Using the declining balance methods pro-             and the depreciation method that you are using. 
termine the gain or loss on the later disposition           vides greater deductions during the earlier          Multiply  the unadjusted  basis  of  your  car  (de-
of the new car. See Pub. 544, Sales and Other               recovery years with the deductions gener-            fined  earlier)  by  that  percentage  to  determine 
Dispositions  of  Assets,  for  information  on  how        ally getting smaller each year.                      the  amount  of  your  depreciation  deduction.  If 
to report the disposition of your car.)                                                                          you prefer to figure your depreciation deduction 
To figure the unadjusted basis of your new                MACRS depreciation chart.         A 2022 MACRS         without the help of the chart, see Pub. 946.
car  for  depreciation,  first  add  to  your  adjusted   Depreciation  Chart  and  instructions  are  inclu-            Your deduction can’t be more than the 
basis in the old car any additional amount you            ded in this chapter as Table 4-1. Using this ta-       !       maximum  depreciation  limit  for  cars. 
pay for the new car. Then subtract from that to-          ble will make it easy for you to figure the 2022       CAUTION See Depreciation Limits, later.
tal the excess, if any, of:                               depreciation  deduction  for  your  car.  A  similar 
1. The total of the amounts that would have               chart appears in the Instructions for Form 2106.
                                                                                                                 Example.      You bought a used truck in Feb-
  been allowable as depreciation during the                       You may have to use the tables in Pub.         ruary 2021 to use exclusively in your landscape 
  tax years before the trade if 100% of the               !       946  instead  of  using  this  MACRS  De-      business. You paid $9,200 for the truck with no 
  use of the car had been business and in-                CAUTION preciation Chart.                              trade-in.  You  didn’t  claim  any  section  179  de-
  vestment use, over                                                                                             duction,  the  truck  didn’t  qualify  for  the  special 
                                                          You  must  use  the  Depreciation  Tables  in 
2. The total of the amounts actually allowed              Pub. 946 rather than the 2022 MACRS Depreci-           depreciation  allowance,  and  you  chose  to  use 
  as depreciation during those years.                     ation Chart in this publication if any one of the      the 200% DB method to get the largest depreci-
For information about figuring depreciation, see          following three conditions applies to you.             ation deduction in the early years.
                                                                                                                 You used the MACRS Depreciation Chart in 
Modified  Accelerated  Cost  Recovery  System             1. You file your return on a fiscal year basis.        2021  to  find  your  percentage.  The  unadjusted 
(MACRS) next.                                                                                                    basis of the truck equals its cost because you 
                                                          2. You file your return for a short tax year 
Modified  Accelerated  Cost  Recovery  Sys-                 (less than 12 months).                               used it exclusively for business. You multiplied 
                                                                                                                 the unadjusted basis of the truck, $9,200, by the 
tem  (MACRS). MACRS  is  the  name  given  to             3. During the year, all of the following condi-        percentage  that  applied,  20%,  to  figure  your 
the  tax  rules  for  getting  back  (recovering)           tions apply.                                         2021 depreciation deduction of $1,840.
through  depreciation  deductions  the  cost  of                                                                 In 2022, you used the truck for personal pur-
property used in a trade or business or to pro-             a. You placed some property in service 
duce income.                                                      from January through September.                poses  when  you  repaired  your  parent’s  cabin. 
                                                                                                                 Your records show that the business use of the 
The  maximum  amount  you  can  deduct  is                  b. You placed some property in service               truck was 90% in 2022. You used    Table 4-1 to 
limited, depending on the year you placed your                    from October through December.                 find  your  percentage.  Reading  down  the  first 
car in service. See Depreciation Limits, later.                                                                  column  for  the  date  placed  in  service  and 
                                                            c. Your basis in the property you placed 
Recovery period.    Under MACRS, cars are                         in service from October through De-            across to the 200% DB column, you locate your 
classified  as  5-year  property.  You  actually  de-             cember (excluding nonresidential real          percentage,  32%.  You  multiply  the  unadjusted 
preciate the cost of a car, truck, or van over a                  property, residential rental property,         basis of the truck, $8,280 ($9,200 cost × 90% 
period of 6 calendar years. This is because your                  and property placed in service and             (0.90)  business  use),  by  32%  (0.32)  to  figure 
car is generally treated as placed in service in                  disposed of in the same year) was              your 2022 depreciation deduction of $2,650.
the middle of the year, and you claim deprecia-                   more than 40% of your total bases in 
tion  for  one-half  of  both  the  first  year  and  the         all property you placed in service dur-        Depreciation Limits
sixth year.                                                       ing the year.
                                                                                                                 There are limits on the amount you can deduct 
For  more  information  on  the  qualifications           Depreciation  in  future  years.   If  you  use        for depreciation of your car, truck, or van. The 
for this shorter recovery period and the percen-          the  percentages  from  the  chart,  you  generally    section 179 deduction and special depreciation 
tages to use in figuring the depreciation deduc-          must continue to use them for the entire recov-        allowance  are  treated  as  depreciation  for  pur-
tion, see chapter 4 of Pub. 946.                          ery period of your car. However, you can’t con-        poses of the limits. The maximum amount you 
                                                          tinue to use the chart if your basis in your car is    can deduct each year depends on the date you 
Depreciation  methods.        You  can  use  one          adjusted because of a casualty. In that case, for      acquired  the  passenger  automobile  and  the 
of the following methods to depreciate your car.          the year of the adjustment and the remaining re-       year  you  place  the  passenger  automobile  in 
The 200% declining balance method                       covery  period,  figure  the  depreciation  without    service. These limits are shown in the following 
  (200% DB) over a 5-year recovery period                 the chart using your adjusted basis in the car at      tables for 2022.
  that switches to the straight line method               the end of the year of the adjustment and over 
  when that method provides an equal or                   the remaining recovery period. See Figuring the 
  greater deduction.                                      Deduction  Without  Using  the  Tables  in  chap-
The 150% declining balance method                       ter 4 of Pub. 946.
  (150% DB) over a 5-year recovery period 
  that switches to the straight line method                       In  future  years,  don’t  use  the  chart  in 
  when that method provides an equal or                   TIP     this edition of the publication. Instead, 
  greater deduction.                                              use  the  chart  in  the  publication  or  the 
                                                          form instructions for those future years.

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                                                                                                                               Maximum
           Maximum                                                    Maximum                                           Depreciation Deduction
 Depreciation Deduction                                    Depreciation Deduction                                        for Trucks and Vans
 for Passenger Automobiles                                 for Cars Placed in Service                                       Placed in Service
 (Including Trucks and                                                Prior to 2018                                            Prior to 2018
Vans) Acquired Before September 
           28, 2017, and                                   Date                                        4th &
 Placed in Service During 2018–                            Placed     1st         2nd    3rd           Later        Date                                 4th &
                  2022                                     in Service Year        Year   Year          Years         Placed    1st        2nd     3rd    Later
                                                                                                                    in Service Year       Year    Year   Years
 Date                                              4th &  2012–2017 $11,1601      $5,100 $3,050 $1,875
                                                                                                                    2017       $11,5601   $5,700 $3,450 $2,075
 Service   Year          Year   Year               Years  2010–2011  11,0602       4,900  2,950        1,775        2016        11,560
 Placed in 1st           2nd    3rd                Later                                                                              1   5,700   3,350  2,075
 2022      $11,200  $18,000 $10,800                $6,460 2008–2009  10,9603       4,800  2,850         1,775       2015        11,4601   5,600   3,350  1,975
 2021      10,200       16,400   9,800              5,860  2007       3,060        4,900  2,850        1,775        2014        11,4601   5,500   3,350  1,975
 2020       10,100       16,100  9,700              5,760  2006       2,960        4,800  2,850        1,775        2013        11,3601    5,400  3,250  1,975
 2019       14,9001      16,100  9,700              5,760  2005       2,960        4,700  2,850        1,675        2012        11,360  5,3001     3,150  1,875
 2018       16,4002       16,000  9,600             5,760  2004       10,6103      4,800  2,850        1,675        2011        11,260  5,2001     3,150  1,875
1 $10,100 if the passenger automobile isn’t qualified     5/06/2003– 10,7104       4,900  2,950        1,775        2010        11,160  5,1001    3,050   1,875
 property or if you elect not to claim the special        12/31/2003                                                2009        11,060  4,9001    2,950  1,775
 depreciation allowance.                                  1/01/2003–  7,6605       4,900  2,950        1,775        2008        11,1601   5,100   3,050  1,875
2 $10,000 if the passenger automobile isn’t qualified      5/05/2003
                                                                                                                    2007       3,260 5,200        3,050  1,875
 property or if you elect not to claim the special        1 $3,160 if the car isn’t qualified property or if you 
 depreciation allowance.                                   elect not to claim the special depreciation             2005–2006   3,260 5,200        3,150  1,875
                                                           allowance.                                               2004        10,9101   5,300   3,150  1,875
                                                          2 $3,060 if the car isn’t qualified property or if you    2003        11,0101,2 5,400   3,250  1,975
           Maximum                                         elect not to claim the special depreciation             1 If the special depreciation allowance doesn’t apply 
 Depreciation Deduction                                    allowance.
                                                                                                                    or you make the election not to claim the special 
 for Passenger Automobiles                                3 $2,960 if the car isn’t qualified property or if you    depreciation allowance, the first-year limit is $3,560 
 (Including Trucks and
Vans) Acquired After September                             elect not to claim the special depreciation              for 2017 and 2016, $3,460 for 2015 and 2014, 
                                                           allowance.
           27, 2017, and                                                                                            $3,360 for 2013 and 2012, $3,260 for 2011, $3,160 
Placed in Service During 2018 or                          4 $7,660 if you acquired the car before 5/06/2003.        for 2010, $3,060 for 2009, $3,160 for 2008, $3,260 
                  Later                                    $3,060 if the car isn’t qualified property or if you     for 2004, and $3,360 for 2003.
                                                           elect not to claim any special depreciation             2 If the truck or van was acquired before 5/06/2003, 
 Date                                              4th &   allowance.                                               the truck or van is qualified property, and you claim 
 Placed in 1st           2nd    3rd                Later  5 $3,060 if you acquired the car before 9/11/2001, the    the special depreciation allowance for the truck or 
 Service   Year          Year   Year               Years                                                            van, the maximum deduction is $7,960.
                                                           car isn’t qualified property, or you elect not to claim 
 2022      $19,2001     $18,000 $10,800            $6,460  the special depreciation allowance.
 2021       18,2002      16,400  9,800              5,860                                                           Car used less than full year.  The depreci-
2019–2020  18,1003       16,100  9,700              5,760  Trucks  and  vans.     For  tax  years  prior  to       ation  limits  aren’t  reduced  if  you  use  a  car  for 
                                                          2018, the maximum depreciation deductions for            less than a full year. This means that you don’t 
 2018       18,0004  16,000      9,600              5,760 trucks and vans are generally higher than those          reduce the limit when you either place a car in 
1 $11,200 if the passenger automobile isn’t qualified     for cars. A truck or van is a passenger automo-          service  or  dispose  of  a  car  during  the  year. 
 property or if you elect not to claim the special        bile that is classified by the manufacturer as a         However, the depreciation limits are reduced if 
 depreciation allowance.                                  truck  or  van  and  rated  at  6,000  pounds  gross     you  don’t  use  the  car  exclusively  for  business 
2 $10,200 if the passenger automobile isn’t qualified     vehicle weight or less.                                  and  investment  purposes.  See Reduction  for 
                                                                                                                   personal use next.
 property or if you elect not to claim the special 
 depreciation allowance.                                                                                           Reduction  for  personal  use.  The  deprecia-
3 $10,100 if the passenger automobile isn’t qualified                                                              tion limits are reduced based on your percent-
 property or if you elect not to claim the special                                                                 age of personal use. If you use a car less than 
 depreciation allowance.                                                                                           100% in your business or work, you must deter-
4 $10,000 if the passenger automobile isn’t qualified                                                              mine  the  depreciation  deduction  limit  by  multi-
 property or if you elect not to claim the special                                                                 plying  the  limit  amount  by  the  percentage  of 
 depreciation allowance.                                                                                           business  and  investment  use  during  the  tax 
                                                                                                                   year.
The  maximum  amount  you  can  deduct  each 
year depends on the year you place the car in                                                                      Section 179 deduction. The section 179 de-
service. These limits are shown in the following                                                                   duction is treated as a depreciation deduction. 
tables for prior years.                                                                                            If you acquired a passenger automobile (includ-
                                                                                                                   ing trucks and vans) after September 27, 2017, 
                                                                                                                   and placed it in service in 2022, use it only for 
                                                                                                                   business,  and  choose  the  section  179  deduc-
                                                                                                                   tion, the special depreciation allowance and de-
                                                                                                                   preciation deduction for that vehicle for 2022 is 
                                                                                                                   limited to $19,200.
                                                                                                                    Example.   On  September  4,  2022,  you 
                                                                                                                   bought  and  placed  in  service  a  used  car  for 
                                                                                                                   $15,000.  You  used  it  80%  for  your  business, 
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and you choose to take a section 179 deduction            Depreciation Deduction for Passenger Automo-                period. You must continue to use the 
for  the  car.  The  car  isn’t  qualified  property  for biles (Including Trucks and Vans) Acquired Be-              straight line method even if your percent-
purposes of the special depreciation allowance.           fore September 28, 2017, and Placed in Serv-                age of business use increases to more 
Before  applying  the  limit,  you  figure  your          ice  During  2018–2022  table,  earlier,  for  the          than 50% in a later year.
maximum section 179 deduction to be $12,000.              applicable  tax  year  to  figure  your  depreciation      Instead of making the computation yourself, 
This is the cost of your qualifying property (up to       deductions during the recovery period. Your de-         you can use column (c) of Table 4-1 to find the 
the maximum $1,080,000 amount) multiplied by              preciation  deductions  were  subject  to  the  de-     percentage to use.
your business use ($15,000 × 80% (0.80)).                 preciation  limits,  so  you  will  have  unrecovered 
You then figure that your section 179 deduc-              basis  at  the  end  of  the  recovery  period  as         Example.  In  May  2022,  you  bought  and 
tion  for  2022  is  limited  to  $8,960  (80%  of        shown in the following table.                           placed in service a car for $17,500. You used it 
$11,200). You then figure your unadjusted ba-                                                                     40% for your consulting business. Because you 
sis of $3,040 (($15,000 × 80% (0.80)) − $8,960)                 MACRS                             Deprec.         didn’t use the car more than 50% for business, 
for  determining  your  depreciation  deduction.          Year     %     Amount       Limit       Allowed         you  can’t  take  any  section  179  deduction  or 
You have reached your maximum depreciation                                                                        special  depreciation  allowance,  and  you  must 
deduction for 2022. For 2023, you will use your           2016  20.00       $6,300      $3,160        $3,160
unadjusted basis of $3,040 to figure your depre-          2017  32.00       10,080      5,100         5,100       use  the  straight  line  method  over  a  5-year  re-
ciation deduction.                                        2018  19.20        6,048      3,050         3,050       covery period to recover the cost of your car.
                                                          2019  11.52        3,629       1,875        1,875          You deduct $700 in 2022. This is the lesser 
Deductions in years after the recovery pe-                2020  11.52        3,629      1,875         1,875       of:
riod. If the depreciation deductions for your car         2021  5.76         1,814      1,875         1,814       1. $700 (($17,500 cost × 40% (0.40) busi-
are  reduced  under  the passenger  automobile            Total          $31,500                  $16,874             ness use) × 10% (0.10) recovery percent-
limits (discussed earlier), you will have unrecov-                                                                    age (from column (c) of Table 4-1)), or
ered basis in your car at the end of the recovery         For the correct limit, see the Maximum De-              2. $1,264 ($3,160 maximum limit × 40% 
period. If you continue to use your car for busi-         preciation Deduction for Cars Placed in Service             (0.40) business use).
ness,  you  can  deduct  that  unrecovered  basis         Prior to 2018 table and the Maximum Deprecia-
(subject  to  depreciation  limits)  after  the  recov-   tion  Deduction  for  Passenger  Automobiles  (In-      Qualified  business  use  50%  or  less  in  a 
ery period ends.                                          cluding Trucks and Vans) Acquired Before Sep-           later year. If you use your car more than 50% 
                                                          tember 28, 2017, and Placed in Service During           in  qualified  business  use  in  the  tax  year  it  is 
Unrecovered  basis.        This  is  your  cost  or       2018–2022  table  under  Depreciation  Limits,          placed in service but the business use drops to 
other basis in the car reduced by any clean-fuel          earlier, for the maximum amount of depreciation         50% or less in a later year, you can no longer 
vehicle deduction (for vehicles placed in service         allowed each year.                                      use an accelerated depreciation method for that 
before January 1, 2006), alternative motor vehi-          At the end of 2021, you had an unrecovered              car.
cle  credit,  electric  vehicle  credit,  gas  guzzler    basis in the car of $14,626 ($31,500 – $16,874).           For the year the business use drops to 50% 
tax, and depreciation (including any special de-          If you continued to use the car 100% for busi-          or less and all later years in the recovery period, 
preciation allowance, discussed earlier, unless           ness in 2022 and later years, you can claim a           you  must  use  the  straight  line  depreciation 
you elect not to claim it) and section 179 deduc-         depreciation  deduction  equal  to  the  lesser  of     method over a 5-year recovery period. In addi-
tions that would have been allowable if you had           $1,875 or your remaining unrecovered basis.             tion,  for  the  year  your  business  use  drops  to 
used the car 100% for business and investment             If your business use of the car was less than           50%  or  less,  you  must  recapture  (include  in 
use.                                                      100%  during  any  year,  your  depreciation  de-       your  gross  income)  any   excess  depreciation 
The recovery period.       For 5-year property,           duction  would  be  less  than  the  maximum            (discussed later). You also increase the adjus-
your recovery period is 6 calendar years. A part          amount allowable for that year. However, in de-         ted basis of your car by the same amount.
year's depreciation is allowed in the first calen-        termining  your  unrecovered  basis  in  the  car, 
dar year, a full year's depreciation is allowed in        you would still reduce your original basis by the          Example.  In  June  2019,  you  purchased  a 
each  of  the  next  4  calendar  years,  and  a  part    maximum amount allowable as if the business             car for exclusive use in your business. You met 
year's depreciation is allowed in the 6th calen-          use  had  been  100%.  For  example,  if  you  had      the more-than-50%-use test for the first 3 years 
dar year.                                                 used  your  car  60%  for  business  instead  of        of the recovery period (2019 through 2021) but 
Under MACRS, your recovery period is the                  100%,  your  allowable  depreciation  deductions        failed to meet it in the fourth year (2022). You 
same  whether  you  use  declining  balance  or           would  have  been  $10,124  ($16,874  ×  60%            determine  your  depreciation  for  2022  using 
straight  line  depreciation.  You  determine  your       (0.60)), but you still would have to reduce your        20%  (from  column  (c)  of Table  4-1).  You  will 
unrecovered  basis  in  the  7th  year  after  you        basis  by  $16,874  to  determine  your  unrecov-       also  have  to  determine  and  include  in  your 
placed the car in service.                                ered basis.                                             gross  income  any  excess  depreciation,  dis-
                                                                                                                  cussed next.
How  to  treat  unrecovered  basis.       If  you         Car Used 50% or Less
continue to use your car for business after the           for Business                                               Excess  depreciation.    You  must  include 
recovery  period,  you  can  claim  a  depreciation                                                               any  excess  depreciation  in  your  gross  income 
deduction in each succeeding tax year until you                                                                   and  add  it  to  your  car's  adjusted  basis  for  the 
recover  your  basis  in  the  car.  The  maximum         If  you  use  your  car  50%  or  less  for qualified 
amount  you  can  deduct  each  year  is  deter-          business  use  (defined  earlier  under Deprecia-       first  tax  year  in  which  you  don’t  use  the  car 
mined by the date you placed the car in service           tion  Deduction)  either  in  the  year  the  car  is   more than 50% in qualified business use. Use 
and  your  business-use  percentage.  For  exam-          placed in service or in a later year, special rules     Form 4797, Sales of Business Property, to fig-
ple, no deduction is allowed for a year you use           apply.  The  rules  that  apply  in  these  two  situa- ure and report the excess depreciation in your 
your car 100% for personal purposes.                      tions are explained in the following paragraphs.        gross income.
                                                          (For this purpose, “car” was defined earlier un-           Excess depreciation is:
Example.  In  April  2016,  you  bought  and              der Actual  Car  Expenses  and  includes  certain       1. The amount of the depreciation deduc-
placed in service a car you used exclusively in           trucks and vans.)                                           tions allowable for the car (including any 
your business. The car cost $31,500. You didn’t                                                                       section 179 deduction claimed and any 
claim a section 179 deduction or the special de-          Qualified business use 50% or less in year                  special depreciation allowance claimed) 
preciation allowance for the car. You continued           placed in service. If you use your car 50% or               for tax years in which you used the car 
to use the car 100% in your business through-             less  for  qualified  business  use,  the  following        more than 50% in qualified business use, 
out  the  recovery  period  (2016  through  2021).        rules apply.                                                minus
For those years, you used the MACRS Depreci-                You can’t take the section 179 deduction.
ation  Chart  (200%  DB  method),  the    Maximum           You can’t take the special depreciation al-         2. The amount of the depreciation deduc-
Depreciation  Deduction  for  Cars  Placed  in                lowance.                                                tions that would have been allowable for 
Service  Prior  to  2018  table  and  the Maximum           You must figure depreciation using the                  those years if you hadn’t used the car 
                                                              straight line method over a 5-year recovery             more than 50% in qualified business use 

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Table 4-1. 2022 MACRS Depreciation Chart
      (Use To Figure Depreciation for 2022)
If you claim actual expenses for your car, use the chart below to find the depreciation method For cars placed in service before 2022, you must use the same method you used on last 
and percentage to use for your 2022 return for cars placed in service in 2022.                 year's return unless a decline in your business use requires you to change to the straight 
                                                                                               line method. Refer back to the MACRS Depreciation Chart for the year you placed the 
First, using the left column, find the date you first placed the car in service in 2022. Then select  car in service. (See Car Used 50% or Less for Business, earlier.)
the depreciation method and percentage from column (a), (b), or (c) following the rules         
explained in this chapter.                                                                     Multiply the unadjusted basis of your car by your business-use percentage. Multiply the 
                                                                                               result by the percentage you found in the chart to find the amount of your depreciation 
                                                                                               deduction for 2022. (Also see Depreciation Limits, earlier.)
           If you placed your car in service after September of any year and you placed other business property in service during the same year, you may have to use the Jan. 
           1–Sept. 30 percentage instead of the Oct. 1–Dec. 31 percentage for your car. To find out if this applies to you, determine: 1) the basis of all business property 
 CAUTION!  (including other cars) you placed in service after September of that year, and 2) the basis of all business property you placed in service during that entire year. If the 
           basis of the property placed in service after September isn’t more than 40% of the basis of all property (certain property is excluded) placed in service for the entire 
           year, use the percentage for Jan. 1–Sept. 30 for figuring depreciation for your car. See Which Convention Applies? in chapter 4 of Pub. 946 for more details.

Example. You buy machinery (basis of $32,000) in May 2022 and a new van (basis of $20,000) in October 2022, both used 100% in your business. You use the percentage for Jan. 1–
Sept. 30, 2022, to figure the depreciation for your van. This is because the $20,000 basis of the property (van) placed in service after September isn’t more than 40% of the basis of all 
property placed in service during the year (40% (0.40) × ($32,000 + 20,000) = $20,800).
                                                                        (a)                                 (b)                                              (c)
           Date Placed in Service                    200% Declining                             150% Declining                                           Straight Line 
                                                     Balance (200% DB)1                         Balance (150% DB)1                                       (SL)
           Oct. 1–Dec. 31, 2022                      200 DB  5.0%                               150 DB       3.75%                                       SL   2.5%
           Jan. 1–Sept. 30, 2022                     200 DB 20.0                                150 DB      15.0                                         SL  10.0
           Oct. 1–Dec. 31, 2021                      200 DB 38.0                                150 DB      28.88                                        SL  20.0
           Jan. 1–Sept. 30, 2021                     200 DB 32.0                                150 DB      25.5                                         SL  20.0
           Oct. 1–Dec. 31, 2020                      200 DB 22.8                                150 DB      20.21                                        SL  20.0
           Jan. 1–Sept. 30, 2020                     200 DB 19.2                                150 DB      17.85                                        SL  20.0
           Oct. 1–Dec. 31, 2019                      200 DB 13.68                               150 DB      16.4                                         SL  20.0
           Jan. 1–Sept. 30, 2019                     200 DB 11.52                               150 DB      16.66                                        SL  20.0
           Oct. 1–Dec. 31, 2018                      200 DB 10.94                               150 DB      16.41                                        SL  20.0
           Jan. 1–Sept. 30, 2018                     200 DB 11.52                               150 DB      16.66                                        SL  20.0
           Oct. 1–Dec. 31, 2017                      200 DB  9.58                               150 DB      14.35                                        SL  17.5
           Jan. 1–Sept. 30, 2017                     200 DB  5.76                               150 DB       8.33                                        SL  10.0
            Prior to 20172
 1 You can use this column only if the business use of your car is more than 50%.
 2 If your car was subject to the maximum limits for depreciation and you have unrecovered basis in the car, you can continue to claim depreciation. See 
 Deductions in years after the recovery period under Depreciation Limits, earlier.
 for the year you placed it in service. This         Total depreciation claimed:                                             percentage)  ×  20%  (0.20)  (from  column  (c)  of 
 means the amount of depreciation figured                   (MACRS 200% DB method)              . . . . . . $13,185          Table  4-1  on  the  line  for  Jan.  1–Sept.  30, 
 using the straight line method.                     Minus total depreciation allowable:                                     2018)).  However,  your  depreciation  deduction 
                                                            (Straight line method)                                           is  limited  to  $563  ($1,875  x  30%  (0.30)  busi-
 Example.  In  September  2018,  you  bought                2018—10% of $20,500 . . . .         $2,050                       ness use).
a car for $20,500 and placed it in service. You                         (Limit: $3,160)
didn’t  claim  the  section  179  deduction  or  the        2019—20% of $20,500 . . . .           4,100                      Leasing a Car
special  depreciation  allowance.  You  used  the                       (Limit: $5,100)
car  exclusively  in  qualified  business  use  for         2020—20% of $20,500 . . . .           3,050                      If you lease a car, truck, or van that you use in 
2018, 2019, 2020, and 2021. For those years,                            (Limit: $3,050)                                      your business, you can use the standard mile-
you used the appropriate MACRS Depreciation                 2021—20% of $20,500 . . . .           1,875 –11,075              age rate or actual expenses to figure your de-
Chart to figure depreciation deductions totaling 
$13,185  ($3,160  for  2018,  $5,100  for  2019,                        (Limit: $1,875)                                      ductible expense. This section explains how to 
$3,050  for  2020,  and  $1,875  for  2021)  under   Excess depreciation. . . . .                           $2,110           figure  actual  expenses  for  a  leased  car,  truck, 
the 200% DB method.                                                                                                          or van.
 During 2022, you used the car 30% for busi-                For the correct limit, see the          Maximum De-              Deductible  payments.                If  you  choose  to  use 
ness and 70% for personal purposes. Since you        preciation Deduction for Cars Placed in Service                         actual  expenses,  you  can  deduct  the  part  of 
didn’t  meet  the  more-than-50%-use  test,  you     Prior to 2018 table and the Maximum Deprecia-                           each lease payment that is for the use of the ve-
must  switch  from  the  200%  DB  depreciation      tion  Deduction  for  Passenger  Automobiles  (In-                      hicle  in  your  business.  You  can’t  deduct  any 
method to the straight line depreciation method      cluding Trucks and Vans) Acquired Before Sep-                           part of a lease payment that is for personal use 
for 2022, and include in gross income for 2022       tember 28, 2017, and Placed in Service During                           of the vehicle, such as commuting.
your  excess  depreciation  determined  as  fol-     2018-2022 table under Depreciation Limits, ear-                         You  must  spread  any  advance  payments 
lows.                                                lier, for the maximum amount of depreciation al-                        over  the  entire  lease  period.  You  can’t  deduct 
                                                     lowed each year.                                                        any payments you make to buy a car, truck, or 
                                                            In 2022, using Form 4797, you figure and re-                     van even if the payments are called “lease pay-
                                                     port  the  $2,110  excess  depreciation  you  must                      ments.”
                                                     include in your gross income. Your adjusted ba-
                                                     sis in the car is also increased by $2,110. Your                        If you lease a car, truck, or van for 30 days 
                                                     2022 depreciation is $1,230 ($20,500 (unadjus-                          or  more,  you  may  have  to  reduce  your  lease 
                                                     ted  basis)  ×  30%  (0.30)  (business-use 

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payment  deduction  by  an  “inclusion  amount,”                      Figure the fair market value on the first day             the inclusion amount. For the tax year in which 
explained next.                                                       of the lease term. If the capitalized cost of a car       you stop using the car for business, use the dol-
                                                                      is  specified  in  the  lease  agreement,  use  that      lar amount for the previous tax year. Prorate the 
Inclusion Amounts                                                     amount as the fair market value.                          dollar  amount  for  the  number  of  days  in  the 
                                                                                                                                lease term that fall within the tax year.
                                                                      Figuring  the  inclusion  amount. Inclusion 
If you lease a car, truck, or van that you use in                     amounts  for  tax  years  2018–2022  are  listed  in      Example.    On August 16, 2021, you leased 
your  business  for  a  lease  term  of  30  days  or                 Appendices A-1 through A-5 for passenger ve-              a car with a fair market value of $64,500 for 3 
more,  you  may  have  to  include  an  inclusion                     hicles  (including  trucks  and  vans).  If  the  fair    years. You used the car exclusively in your data 
amount  in  your  income  for  each  tax  year  you                   market value of the vehicle is $100,000 or less,          processing  business.  On  November  5,  2022, 
lease the vehicle. To do this, you don’t add an                       use  the  appropriate  appendix  (depending  on           you closed your business and went to work for 
amount to income. Instead, you reduce your de-                        the year you first placed the vehicle in service)         a company where you aren’t required to use a 
duction for your lease payment. (This reduction                       to  determine  the  inclusion  amount.  If  the  fair     car for business. Using Appendix A-4, you fig-
has an effect similar to the limit on the deprecia-                   market  value  is  more  than  $100,000,  see  the        ured your inclusion amount for 2021 and 2022 
tion deduction you would have on the vehicle if                       revenue procedure(s) identified in the footnote           as  shown  in  the  following  table  and  reduced 
you owned it.)                                                        of that year’s appendix for the inclusion amount.         your  deductions  for  lease  payments  by  those 
                                                                      For  each  tax  year  during  which  you  lease           amounts.
The inclusion amount is a percentage of part                          the  car  for  business,  determine  your  inclusion 
of  the  fair  market  value  of  the  leased  vehicle                amount by following these three steps.                    Tax     Dollar          Business  Inclusion 
multiplied by the percentage of business and in-                                                                                year  amount Proration  use              amount
vestment use of the vehicle for the tax year. It is                   1. Locate the appendix that applies to you. 
prorated  for  the  number  of  days  of  the  lease                  To find the inclusion amount, do the fol-                 2021      $5    137/365  100%             $2
term in the tax year.                                                 lowing.                                                   2022      5     309/365  100%               4
                                                                            a. Find the line that includes the fair mar-
The  inclusion  amount  applies  to  each  tax                                  ket value of the car on the first day of 
year that you lease the vehicle if the fair market                              the lease term.                                 Leased car changed from personal to busi-
value (defined next) when the lease began was                               b. Go across the line to the column for             ness use. If you lease a car for personal use 
more than the amounts shown in the following                                    the tax year in which the car is used           and, in a later year, change it to business use, 
tables.                                                                         under the lease to find the dollar              you must determine the car's fair market value 
                                                                                amount. For the last tax year of the            on the date of conversion. Then figure the inclu-
All vehicles are subject to a single inclusion                                  lease, use the dollar amount for the            sion  amount  using  the  rules  explained  earlier 
amount  threshold  for  passenger  automobiles                                  preceding year.                                 under Figuring  the  inclusion  amount.  Use  the 
leased  and  put  into  service  in  2022.  You  may                                                                            fair market value on the date of conversion.
have an inclusion amount for a passenger auto-                        2. Prorate the dollar amount from (1b) for the 
mobile if:                                                            number of days of the lease term included                 Example.    In  March  2020,  you  leased  a 
                                                                      in the tax year.                                          truck for 4 years for personal use. On June 1, 
        Passenger Automobiles                                                                                                   2022,  you  started  working  as  a  self-employed 
(Including Trucks and Vans)                                           3. Multiply the prorated amount from (2) by 
                                                                      the percentage of business and invest-                    advertising  consultant  and  started  using  the 
Year Lease Began              Fair Market Value                       ment use for the tax year. This is your in-               leased  truck  for  business  purposes.  Your  re-
        2022                  $56,000                                 clusion amount.                                           cords  show  that  your  business  use  for  June  1 
                                                                                                                                through December 31 was 60%. To figure your 
        2021                   51,000                                 Example.      On January 17, 2022, you leased             inclusion amount for 2022, you obtained an ap-
     2018 –2020*               50,000                                 a car for 3 years and placed it in service for use        praisal  from  an  independent  car  leasing  com-
*If the lease term began before 2018, see tables below to find out if in  your  business.  The  car  had  a  fair  market       pany that showed the fair market value of your 
you have an inclusion amount.                                         value  of  $62,500  on  the  first  day  of  the  lease   2020 truck on June 1, 2022, was $57,650. Us-
                                                                      term.  You  use  the  car  75%  for  business  and        ing Appendix  A-5,  you  figured  your  inclusion 
                                                                      25% for personal purposes during each year of             amount  for  2022  as  shown  in  the  following  ta-
For years prior to 2018, see the inclusion ta-                        the lease. Assuming you continue to use the car           ble.
bles below. You may have an inclusion amount                          75% for business, you use Appendix A-5 to ar-
for a passenger automobile if:                                        rive at the following inclusion amounts for each          Tax     Dollar          Business  Inclusion 
                                                                      year  of  the  lease.  For  the  last  tax  year  of  the year  amount Proration  use              amount
                      Cars                                            lease, 2025, you use the amount for the preced-
(Except for Trucks and Vans)                                          ing year.                                                 2022    $2     214/365  60%              $1
Year Lease Began              Fair Market Value
     2013–2017                $19,000                                 Tax   Dollar              Business  Inclusion             Reporting  inclusion  amounts. For  informa-
                                                                      year amount Proration     use     amount                  tion on reporting inclusion amounts, employees 
     2010–2012                 18,500                                                                                           should  see Car  rentals  under Completing 
                                                                      2022      $9   348/365    75%            $6               Forms  2106  in  chapter  6.  Sole  proprietors 
                                                                      2023      19   365/365    75%             14              should  see  the  Instructions  for  Schedule  C 
           Trucks and Vans                                            2024       27  366/366    75%              20             (Form  1040),  and  farmers  should  see  the  In-
Year Lease Began              Fair Market Value                       2025      27  16/365      75%             1               structions for Schedule F (Form 1040).
     2014–2017                $19,500
     2010–2013                  19,000                                Note.     2024 is a leap year and includes an 
                                                                      extra calendar day, February 29, 2024.                    Disposition of a Car
                                                                      For each year of the lease that you deduct 
Fair  market  value.          Fair  market  value  is  the            lease payments, you must reduce your deduc-               If you dispose of your car, you may have a taxa-
price at which the property would change hands                        tion  by  the  inclusion  amount  figured  for  that      ble gain or a deductible loss. The portion of any 
between a willing buyer and seller, neither hav-                      year.                                                     gain  that  is  due  to  depreciation  (including  any 
ing to buy or sell, and both having reasonable                                                                                  section  179  deduction,  clean-fuel  vehicle  de-
knowledge of all the necessary facts. Sales of                        Leased car changed from business to per-                  duction  (for  vehicles  placed  in  service  before 
similar property around the same date may be                          sonal use. If you lease a car for business use            January  1,  2006),  and  special  depreciation  al-
helpful  in  figuring  the  fair  market  value  of  the              and, in a later year, change it to personal use,          lowance)  that  you  claimed  on  the  car  will  be 
property.                                                             follow the rules explained earlier under Figuring         treated as ordinary income. However, you may 

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not have to recognize a gain or loss if you dis-         Rate of Depreciation Allowed in                             Quarter                                            Percentage
pose of the car because of a casualty or theft.          Standard Mileage Rate
                                                                                                                  First . . . . . . . . . . . . . . . . . . . . . . . . 12.5%
This section gives some general information              Year(s)                  Depreciation                    Second . . . . . . . . . . . . . . . . . . . . .      37.5
about  dispositions  of  cars.  For  information  on                                                              Third . . . . . . . . . . . . . . . . . . . . . . . . 62.5
how  to  report  the  disposition  of  your  car,  see                            Rate per Mile
                                                                                                                  Fourth . . . . . . . . . . . . . . . . . . . . . .    87.5
Pub. 544.                                                2021–2022                 0.26
                                                              2020                 0.27                              If the car is subject to the               Depreciation Lim-
Note.  Like kind exchanges completed after                                                                      its,  discussed  earlier,  reduce  (but  do  not  in-
December 31, 2017, are generally limited to ex-               2019                 0.26                           crease)  the  computed  depreciation  to  this 
changes  of  real  property  not  held  primarily  for   2017–2018                 0.25                           amount.  See        Sale  or  Other  Disposition  Before 
sale.                                                                                                             the Recovery Period Ends in chapter 4 of Pub. 
                                                         2015–2016                 0.24
                                                                                                                  946 for more information.
Casualty  or  theft. For  a  casualty  or  theft,  a          2014                 0.22
gain  results  when  you  receive  insurance  or 
other reimbursement that is more than your ad-           2012–2013                 0.23
justed basis in your car. If you then spend all of            2011                 0.22
the  proceeds  to  acquire  replacement  property             2010                 0.23
(a  new  car  or  repairs  to  the  old  car)  within  a 2008–2009                 0.21
specified  period  of  time,  you  don’t  recognize           2007                 0.19
any  gain.  Your  basis  in  the  replacement  prop-     2005–2006                 0.17                           5.
erty is its cost minus any gain that isn’t recog-        2003–2004                 0.16
nized. See Pub. 547 for more information.                2001–2002                 0.15
                                                              2000                 0.14
Trade-in. When  you  trade  in  an  old  car  for  a                                                              Recordkeeping
new  one,  the  transaction  is  considered  a           Example.  In 2017, you bought and placed 
like-kind exchange. Generally, no gain or loss is        in service a car for exclusive use in your busi-         If  you  deduct  travel,  gift,  or  transportation  ex-
recognized.  (For  exceptions,  see  chapter  1  of      ness. The car cost $25,500. From 2017 through            penses, you must be able to prove (substanti-
Pub. 544.) In a trade-in situation, your basis in        2022, you used the standard mileage rate to fig-         ate) certain elements of expense. This chapter 
the new property is generally your adjusted ba-          ure  your  car  expense  deduction.  You  drove          discusses  the  records  you  need  to  keep  to 
sis  in  the  old  property  plus  any  additional       your car 14,100 miles in 2017, 16,300 miles in           prove these expenses.
amount  you  pay.  (See Unadjusted  basis,  ear-         2018,  15,600  miles  in  2019,  16,700  miles  in                 If  you  keep  timely  and  accurate  re-
lier.)                                                   2020, 15,100 miles in 2021, and 14,900 miles in                    cords,  you  will  have  support  to  show 
                                                         2022. The depreciation portion of your car ex-           RECORDS   the IRS if your tax return is ever exam-
Depreciation  adjustment  when  you  used                pense deduction is figured as follows.                   ined. You will also have proof of expenses that 
the  standard  mileage  rate. If  you  used  the                                                                  your  employer  may  require  if  you  are  reim-
standard  mileage  rate  for  the  business  use  of     Year      Miles x Rate    Depreciation                   bursed under an accountable plan. These plans 
your car, depreciation was included in that rate.                                                                 are  discussed  in  chapter  6  under                 Reimburse-
The rate of depreciation that was allowed in the         2017       14,100 × $0.25 $3,525                         ments.
standard  mileage  rate  is  shown  in  the Rate  of     2018      16,300 × 0.25             4,075
Depreciation Allowed in Standard Mileage Rate            2019      15,600 × 0.26             4,056
table, later. You must reduce your basis in your         2020      16,700 × 0.27             4,509
car (but not below zero) by the amount of this           2021      15,100 × 0.26             3,926                How To Prove Expenses
depreciation.                                            2022      14,900 × 0.26             3,874
If your basis is reduced to zero (but not be-            Total depreciation        $23,965                        Table 5-1 is a summary of records you need to 
low zero) through the use of the standard mile-                                                                   prove each expense discussed in this publica-
age rate, and you continue to use your car for           At the end of 2022, your adjusted basis in the           tion.  You  must  be  able  to  prove  the  elements 
business,  no  adjustment  (reduction)  to  the          car is $1,535 ($25,500 − $23,965).                       listed  across  the  top  portion  of  the  chart.  You 
standard mileage rate is necessary. Use the full                                                                  prove  them  by  having  the  information  and  re-
standard  mileage  rate  (58.5  cents  (0.585)  per      Depreciation deduction for the year of dis-              ceipts  (where  needed)  for  the  expenses  listed 
mile  from  January  1–June  30  and  62.5  cents        position. If  you  deduct  actual  car  expenses         in the first column.
(0.625)  per  mile  from  July  1–December  31  for      and you dispose of your car before the end of                      You can’t deduct amounts that you ap-
2022) for business miles driven.                         the recovery period (years 2 through 5), you are            !      proximate or estimate.
       These rates don’t apply for any year in           allowed  a  reduced  depreciation  deduction  in         CAUTION
TIP    which the actual expenses method was              the year of disposition.
       used.                                             Use  the  depreciation  tables  in  Pub.  946  to           You should keep adequate records to prove 
                                                         figure the reduced depreciation deduction for a          your expenses or have sufficient evidence that 
                                                         car disposed of in 2022.                                 will support your own statement. You must gen-
                                                         The  depreciation  amounts  computed  using              erally prepare a written record for it to be con-
                                                         the depreciation tables in Pub. 946 for years 2          sidered adequate. This is because written evi-
                                                         through  5  that  you  own  your  car  are  for  a  full dence is more reliable than oral evidence alone. 
                                                         year’s  depreciation.  Years  1  and  6  apply  the      However,  if  you  prepare  a  record  on  a  com-
                                                         half-year or mid-quarter convention to the com-          puter, it is considered an adequate record.
                                                         putation for you. If you dispose of the vehicle in 
                                                         years 2 through 5 and the half-year convention 
                                                         applies, then the full year’s depreciation amount        What Are Adequate 
                                                         must be divided by 2. If the mid-quarter conven-         Records?
                                                         tion applies, multiply the full year’s depreciation 
                                                         by  the  percentage  from  the  following  table  for    You should keep the proof you need in an ac-
                                                         the quarter that you disposed of the car.                count  book,  diary,  log,  statement  of  expense, 
                                                                                                                  trip  sheets,  or  similar  record.  You  should  also 
                                                                                                                  keep documentary evidence that, together with 
                                                                                                                  your record, will support each element of an ex-
                                                                                                                  pense.

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Documentary  evidence.    You  must  generally         also be considered a timely kept record. This is         Example.  You use your car to visit the offi-
have documentary evidence, such as receipts,           true if you copy it from your account book, diary,       ces  of  clients,  meet  with  suppliers  and  other 
canceled  checks,  or  bills,  to  support  your  ex-  log, statement of expense, trip sheets, or similar       subcontractors, and pick up and deliver items to 
penses.                                                record.                                                  clients.  There  is  no  other  business  use  of  the 
                                                                                                                car, but you and your family use the car for per-
Exception.   Documentary  evidence  isn’t              Proving business purpose.   You must gener-              sonal  purposes.  You  keep  adequate  records 
needed if any of the following conditions apply.       ally provide a written statement of the business         during the first week of each month that show 
You have meals or lodging expenses while             purpose of an expense. However, the degree of            that 75% of the use of the car is for business. 
  traveling away from home for which you               proof varies according to the circumstances in           Invoices and bills show that your business use 
  account to your employer under an ac-                each  case.  If  the  business  purpose  of  an  ex-     continues  at  the  same  rate  during  the  later 
  countable plan, and you use a per diem al-           pense is clear from the surrounding circumstan-          weeks of each month. Your weekly records are 
  lowance method that includes meals                   ces,  then  you  don’t  need  to  give  a  written  ex-  representative of the use of the car each month 
  and/or lodging. (Accountable plans and               planation.                                               and are sufficient evidence to support the per-
  per diem allowances are discussed in                                                                          centage of business use for the year.
  chapter 6.)                                          Example.     If you are a sales representative 
Your expense, other than lodging, is less            who calls on customers on an established sales           Exceptional  circumstances.      You  can  satisfy 
  than $75.                                            route, you don’t have to give a written explana-         the  substantiation  requirements  with  other  evi-
You have a transportation expense for                tion  of  the  business  purpose  for  traveling  that   dence if, because of the nature of the situation 
  which a receipt isn’t readily available.             route.  You  can  satisfy  the  requirements  by  re-    in  which  an  expense  is  made,  you  can’t  get  a 
Adequate  evidence.       Documentary  evi-            cording  the  length  of  the  delivery  route  once,    receipt. This applies if all the following are true.
dence will ordinarily be considered adequate if        the date of each trip at or near the time of the         You were unable to obtain evidence for an 
it shows the amount, date, place, and essential        trips, and the total miles you drove the car dur-          element of the expense or use that com-
character of the expense.                              ing  the  tax  year.  You  could  also  establish  the     pletely satisfies the requirements ex-
For  example,  a  hotel  receipt  is  enough  to       date of each trip with a receipt, record of deliv-         plained earlier under What Are Adequate 
support expenses for business travel if it has all     ery, or other documentary evidence.                        Records.
of the following information.                                                                                   You are unable to obtain evidence for an 
The name and location of the hotel.                  Confidential  information.  You  don’t  need  to           element that completely satisfies the two 
The dates you stayed there.                          put  confidential  information  relating  to  an  ele-     rules listed earlier under What if I Have In-
Separate amounts for charges such as                 ment  of  a  deductible  expense  (such  as  the           complete Records.
  lodging, meals, and telephone calls.                 place,  business  purpose,  or  business  relation-      You have presented other evidence for the 
                                                       ship)  in  your  account  book,  diary,  or  other  re-    element that is the best proof possible un-
A  restaurant  receipt  is  enough  to  prove  an      cord. However, you do have to record the infor-            der the circumstances.
expense for a business meal if it has all of the       mation  elsewhere  at  or  near  the  time  of  the 
following information.                                 expense and have it available to fully prove that        Destroyed records. If you can’t produce a re-
The name and location of the restaurant.             element of the expense.                                  ceipt because of reasons beyond your control, 
The number of people served.                                                                                  you  can  prove  a  deduction  by  reconstructing 
The date and amount of the expense.                                                                           your  records  or  expenses.  Reasons  beyond 
                                                       What if I Have Incomplete 
If  a  charge  is  made  for  items  other  than  food                                                          your control include fire, flood, and other casu-
and beverages, the receipt must show that this         Records?                                                 alties.
is the case.                                           If you don’t have complete records to prove an 
Canceled  check.         A  canceled  check,  to-      element  of  an  expense,  then  you  must  prove        Separating and Combining 
gether with a bill from the payee, ordinarily es-      the element with:                                        Expenses
tablishes the cost. However, a canceled check          Your own written or oral statement contain-
by itself doesn’t prove a business expense with-         ing specific information about the element,            This section explains when expenses must be 
out  other  evidence  to  show  that  it  was  for  a    and                                                    kept separate and when expenses can be com-
business purpose.                                      Other supporting evidence that is sufficient           bined.
                                                         to establish the element.
Duplicate  information.  You  don‘t  have  to  re-     If the element is the description of a gift, or          Separating  expenses.   Each  separate  pay-
cord information in your account book or other         the cost, time, place, or date of an expense, the        ment  is  generally  considered  a  separate  ex-
record  that  duplicates  information  shown  on  a    supporting  evidence  must  be  either  direct  evi-     pense. For example, if you entertain a customer 
receipt  as  long  as  your  records  and  receipts    dence  or  documentary  evidence.  Direct  evi-          or client at dinner and then go to the theater, the 
complement each other in an orderly manner.            dence can be written statements or the oral tes-         dinner expense and the cost of the theater tick-
You don’t have to record amounts your em-              timony of your guests or other witnesses setting         ets  are  two  separate  expenses.  You  must  re-
ployer pays directly for any ticket or other travel    forth  detailed  information  about  the  element.       cord them separately in your records.
item.  However,  if  you  charge  these  items  to     Documentary  evidence  can  be  receipts,  paid 
your  employer,  through  a  credit  card  or  other-  bills, or similar evidence.                              Combining  items. You  can  make  one  daily 
wise,  you  must  keep  a  record  of  the  amounts                                                             entry in your record for reasonable categories of 
you spend.                                             If the element is either the business relation-          expenses.  Examples  are  taxi  fares,  telephone 
                                                       ship of your guests or the business purpose of           calls, or other incidental travel costs. Nonenter-
Timely  kept  records.   You  should  record  the      the amount spent, the supporting evidence can            tainment  meals  should  be  in  a  separate  cate-
elements of an expense or of a business use at         be circumstantial rather than direct. For exam-          gory. You can include tips for meal-related serv-
or near the time of the expense or use and sup-        ple, the nature of your work, such as making de-         ices with the costs of the meals.
port it with sufficient documentary evidence. A        liveries, provides circumstantial evidence of the        Expenses of a similar nature occurring dur-
timely kept record has more value than a state-        use of your car for business purposes. Invoices          ing the course of a single event are considered 
ment  prepared  later  when  there  is  generally  a   of  deliveries  establish  when  you  used  the  car     a single expense.
lack of accurate recall.                               for business.
You don’t need to write down the elements                                                                       Car  expenses.    You  can  account  for  sev-
of every expense on the day of the expense. If         Sampling.  You  can  keep  an  adequate  record          eral  uses  of  your  car  that  can  be  considered 
you  maintain  a  log  on  a  weekly  basis  that  ac- for  parts  of  a  tax  year  and  use  that  record  to part of a single use, such as a round trip or un-
counts for use during the week, the log is con-        prove the amount of business or investment use           interrupted business use, with a single record. 
sidered a timely kept record.                          for  the  entire  year.  You  must  demonstrate  by      Minimal personal use, such as a stop for lunch 
                                                       other evidence that the periods for which an ad-         on  the  way  between  two  business  stops,  isn’t 
If  you  give  your  employer,  client,  or  cus-      equate record is kept are representative of the          an interruption of business use.
tomer  an  expense  account  statement,  it  can       use throughout the tax year.
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Table 5-1. How To Prove Certain Business Expenses
IF you have                            THEN you must keep records that show details of the following elements . . .
expenses for . .
                       Amount                           Time              Place or                                 Business Purpose
                                                                   Description                                     Business Relationship
Travel          Cost of each separate        Dates you left  Destination or area of  Purpose: Business purpose for the expense or the 
                expense for travel,          and returned  your travel (name of               business benefit gained or expected to be gained.
                lodging, and meals.          for each trip         city, town, or other        
                Incidental expenses          and number            designation).              Relationship: N/A
                may be totaled in            of days spent 
                reasonable categories        on business.
                such as taxis, fees and 
                tips, etc.
Gifts           Cost of the gift.            Date of the           Description of the gift.
                                             gift.
Transportation  Cost of each separate        Date of the           Your business              Purpose: Business purpose for the expense.
                expense. For car             expense. For  destination.                        
                expenses, the cost of        car                                              Relationship: N/A
                the car and any              expenses, 
                improvements, the date  the date of 
                you started using it for     the use of the 
                business, the mileage        car.
                for each business use, 
                and the total miles for 
                the year.

Table 5-2. Daily Business Mileage and Expense Log      Name: 
                                                                          Odometer Readings                                  Expenses
                       Destination                                                                           Miles   Type
      Date       (City, Town, or Area) Business Purpose             Start                Stop    this trip          (Gas, oil, tolls, etc.)  Amount
                                                                                                                                             
                       Weekly 
                       Total
            Total
           Year-to-Date
Example.   You  make  deliveries  at  several           on a pro rata basis. To do so, you must estab-       which  the  deduction  is  claimed.  A  return  filed 
different  locations  on  a  route  that  begins  and   lish the number of persons who participated in       early is considered filed on the due date. For a 
ends at your employer's business premises and           the event.                                           more complete explanation of how long to keep 
that  includes  a  stop  at  the  business  premises                                                         records, see Pub. 583, Starting a Business and 
between  two  deliveries.  You  can  account  for       If  your  return  is  examined. If  your  return  is Keeping Records.
these using a single record of miles driven.            examined, you may have to provide additional 
                                                        information  to  the  IRS.  This  information  could You must keep records of the business use 
Gift  expenses. You  don’t  always  have  to            be needed to clarify or to establish the accuracy    of your car for each year of the recovery period. 
record  the  name  of  each  recipient  of  a  gift.  A or reliability of information contained in your re-  See More-than-50%-use test in chapter 4 under 
general listing will be enough if it is evident that    cords,  statements,  testimony,  or  documentary     Depreciation Deduction.
you aren’t trying to avoid the $25 annual limit on      evidence before a deduction is allowed.
the amount you can deduct for gifts to any one                                                               Reimbursed  for  expenses.      Employees  who 
person. For example, if you buy a large number                                                               give  their  records  and  documentation  to  their 
of tickets to local high school basketball games        How Long To Keep                                     employers and are reimbursed for their expen-
and  give  one  or  two  tickets  to  each  of  many    Records and Receipts                                 ses generally don’t have to keep copies of this 
customers, it is usually enough to record a gen-                                                             information.  However,  you  may  have  to  prove 
eral description of the recipients.                     You must keep records as long as they may be         your expenses if any of the following conditions 
                                                        needed  for  the  administration  of  any  provision apply.
Allocating total cost. If you can prove the to-         of  the  Internal  Revenue  Code.  Generally,  this      You claim deductions for expenses that 
tal cost of travel or entertainment but you can’t       means you must keep records that support your              are more than reimbursements.
prove  how  much  it  cost  for  each  person  who      deduction  (or  an  item  of  income)  for  3  years     Your expenses are reimbursed under a 
participated in the event, you may have to allo-        from the date you file the income tax return on            nonaccountable plan.
cate the total cost among you and your guests 

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                            THIS IS NOT AN OFFICIAL INTERNAL REVENUE FORM
Table 5-3. Weekly Traveling Expense Record
From:                 To:         Name: 
           Expenses         Sunday               Monday Tuesday Wednesday                     Thursday            Friday             Saturday     Total
1. Travel Expenses:
  Airlines
  Excess Baggage
  Bus – Train
  Cab and Limousine
  Tips
  Porter
2.
Non-Entertainment-Related 
Meals and Lodging:
  Breakfast
  Lunch
 Dinner
   Hotel and Motel 
  (Detail in Schedule B)
3. Other Expenses: 
  Postage
  Telephone & Telegraph
  Stationery & Printing
  Stenographer
  Sample Room
  Advertising
  Assistant(s)
  Trade Shows
4. Car Expenses: (List all car expenses—the division between business and personal expenses may be made at the end of the year.)
  (Detail mileage in Schedule A (if applicable).)
  Gas, oil, lube, wash
  Repairs, parts
  Tires, supplies
  Parking fees, tolls
5. Other (Identify)
Total
Note: Attach receipted bills for (1) ALL lodging and (2) any other expenses of $75.00 or more.
Schedule A—Car
  Mileage: End
  Start
  Total
Business Mileage
Schedule B—Lodging
                        Name
  Hotel or Motel
                        City
                                                        WEEKLY REIMBURSEMENTS:
                                                                Travel and transportation expenses . . . . . . . .  
                                                                Other reimbursements . . . . . . . . . . . . . . . . . .             
                                                                TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

                                                                                                              Chapter 5              Recordkeeping    Page 27



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Your employer doesn’t use adequate ac-                on the use of your car in Part V of Form              ble  personal  expenses,  such  as  for  vacation 
  counting procedures to verify expense ac-             4562.                                                 trips, your employer must report the reimburse-
  counts.                                             Report all other business expenses dis-               ment  as  wage  income  in  box  1  of  your  Form 
You are related to your employer as de-               cussed in this publication on line 32. You            W-2. You can’t deduct personal expenses.
  fined under Per Diem and Car Allowances               can only include 50% of your non-enter-
  in chapter 6.                                         tainment-related meals on that line. How-             Income-producing  property.   If  you  have 
Reimbursements, adequate  accounting,  and              ever, you can deduct 100% of your meal                travel or transportation expenses related to in-
nonaccountable  plans  are  discussed  in  chap-        expenses if the meals are food and bever-             come-producing  property,  report  your  deducti-
ter 6.                                                  ages provided by a restaurant, and paid or            ble  expenses  on  the  form  appropriate  for  that 
                                                        incurred after December 31, 2020, and be-             activity.
                                                        fore January 1, 2023.                                 For  example,  if  you  have  rental  real  estate 
Examples of Records                                   See your form instructions for more information         income and expenses, report your expenses on 
Table 5-2 and Table 5-3 are examples of work-         on how to complete your tax return.                     Schedule E (Form 1040), Supplemental Income 
                                                                                                              and  Loss.  See  Pub.  527,  Residential  Rental 
sheets  that  can  be  used  for  tracking  business  Both self-employed and an employee.    If you           Property,  for  more  information  on  the  rental  of 
expenses.                                             are  both  self-employed  and  an  employee,  you       real estate.
                                                      must keep separate records for each business 
                                                      activity.  Report  your  business  expenses  for        Vehicle Provided by
                                                      self-employment  on  Schedule  C  (Form  1040), 
                                                      or Schedule F (Form 1040), as discussed ear-            Your Employer
                                                      lier.  Report  your  business  expenses  for  your 
                                                      work  as  an  employee  on  Form  2106,  as  dis-       If  your  employer  provides  you  with  a  car,  you 
6.                                                    cussed next.                                            may be able to deduct the actual expenses of 
                                                                                                              operating  that  car  for  business  purposes.  The 
                                                               Form  2106  is  only  used  by  Armed          amount you can deduct depends on the amount 
                                                               Forces  reservists,  qualified  performing 
How To Report                                         CAUTION! artists, fee-basis state or local govern-      that your employer included in your income and 
                                                                                                              the business and personal miles you drove dur-
                                                      ment  officials,  and  employees  with  impair-         ing  the  year.  You  can’t  use  the  standard  mile-
This chapter explains where and how to report         ment-related  work  expenses.  Due  to  the  sus-       age rate.
the  expenses  discussed  in  this  publication.  It  pension  of  miscellaneous  itemized  deductions 
discusses  reimbursements  and  how  to  treat        subject to the 2% floor under section 67(a), em-                 Form  2106  is  only  used  by  Armed 
them  under  accountable  and  nonaccountable         ployees who do not fit into one of the listed cat-      !        Forces  reservists,  qualified  performing 
plans.  It  also  explains  rules  for  independent   egories may not use Form 2106.                          CAUTION  artists, fee-basis state or local govern-
                                                                                                              ment  officials,  and  employees  with  impair-
contractors and clients, fee-basis officials, cer-                                                            ment-related  work  expenses.  Due  to  the  sus-
tain  performing  artists,  Armed  Forces  reserv-    Employees.   If you are an employee, you must           pension  of  miscellaneous  itemized  deductions 
ists, and certain disabled employees. The chap-       generally  complete  Form  2106  to  deduct  your       subject to the 2% floor under section 67(a), em-
ter ends with illustrations of how to report travel,  travel and transportation expenses.                     ployees who do not fit into one of the listed cat-
gift, and car expenses on Forms 2106.                 You are an employee deducting expenses                egories may not use Form 2106.
                                                        attributable to your job.
                                                      You weren’t reimbursed by your employer 
Where To Report                                         for your expenses (amounts included in                Value reported on Form W-2.   Your employer 
                                                        box 1 of your Form W-2 aren’t considered              can figure and report either the actual value of 
This  section  provides  general  information  on       reimbursements).                                      your personal use of the car or the value of the 
where to report the expenses discussed in this        If you claim car expenses, you use the                car as if you used it only for personal purposes 
publication.                                            standard mileage rate.                                (100%  income  inclusion).  Your  employer  must 
                                                                                                              separately state the amount if 100% of the an-
                                                      For more information on how to report your              nual lease value was included in your income. If 
Self-employed. You  must  report  your  income        expenses on Form 2106, see Completing Form              you are unsure of the amount included on your 
and  expenses  on  Schedule  C  (Form  1040)  if      2106, later.                                            Form W-2, ask your employer.
you  are  a  sole  proprietor,  or  on  Schedule  F 
(Form 1040) if you are a farmer. You don’t use        Gifts.   If  you  didn’t  receive  any  reimburse-
Form 2106.                                            ments (or the reimbursements were all included          Full  value  included  in  your  income. You 
If you claim car or truck expenses, you must          in box 1 of your Form W-2), the only business           may be able to deduct the value of the business 
provide  certain  information  on  the  use  of  your expense  you  are  claiming  is  for  gifts,  and  the  use  of  an  employer-provided  car  if  your  em-
vehicle. You provide this information on Sched-       special rules discussed later don’t apply to you,       ployer reported 100% of the value of the car in 
ule C (Form 1040) or Form 4562.                       don’t complete Form 2106.                               your  income.  On  your  2022  Form  W-2,  the 
                                                                                                              amount  of  the  value  will  be  included  in  box  1, 
If you file Schedule C (Form 1040):                   Statutory  employees.      If  you  received  a         Wages, tips, other compensation; and box 14.
Report your travel expenses, except                 Form W-2 and the “Statutory employee” box in            To  claim  your  expenses,  complete  Form 
  meals, on line 24a;                                 box  13  was  checked,  report  your  income  and       2106, Part II, Sections A and C. Enter your ac-
Report your deductible non-entertain-               expenses related to that income on Schedule C           tual  expenses  on  line  23  of  Section  C  and  in-
  ment-related meals (actual cost or stand-           (Form 1040). Don’t complete Form 2106.                  clude the entire value of the employer-provided 
  ard meal allowance) on line 24b;                    Statutory employees include full-time life in-          car on line 25. Complete the rest of the form.
Report your gift expenses and transporta-           surance  salespersons,  certain  agent  or  com-
  tion expenses, other than car expenses,             mission  drivers,  traveling  salespersons,  and        Less  than  full  value  included  in  your  in-
  on line 27a; and                                    certain homeworkers.                                    come.    If less than the full annual lease value of 
Report your car expenses on line 9. Com-                                                                    the  car  was  included  on  your  Form  W-2,  this 
  plete Part IV of the form unless you have to                 If  you  are  entitled  to  a  reimbursement 
                                                                                                              means  that  your  Form  W-2  only  includes  the 
  file Form 4562 for depreciation or amorti-          !        from your employer but you don’t claim         value of your personal use of the car. Don’t en-
  zation.                                             CAUTION  it,  you  can’t  claim  a  deduction  for  the 
                                                      expenses  to  which  that  unclaimed  reimburse-        ter this value on your Form 2106 because it isn’t 
If  you  file  Schedule  F  (Form  1040),  do  the    ment applies.                                           deductible.
following.                                                                                                    If  you  paid  any  actual  costs  (that  your  em-
Report your car expenses on line 10. At-                                                                    ployer  didn’t  provide  or  reimburse  you  for)  to 
  tach Form 4562 and provide information              Reimbursement  for  personal  expenses.      If         operate  the  car,  you  can  deduct  the  business 
                                                      your  employer  reimburses  you  for  nondeducti-       portion  of  those  costs.  Examples  of  costs  that 

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you  may  have  are  gas,  oil,  and  repairs.  Com-  bursements treated as paid under nonaccount-              Failure  to  return  excess  reimburse-
plete Form 2106, Part II, Sections A and C. En-       able plans, as explained later, are reported as           ments. If  you  are  reimbursed  under  an  ac-
ter your actual costs on line 23 of Section C and     pay. See Pub. 15 (Circular E), Employer's Tax             countable  plan,  but  you  fail  to  return,  within  a 
leave  line  25  blank.  Complete  the  rest  of  the Guide, for information on employee pay.                   reasonable time, any amounts in excess of the 
form.                                                                                                           substantiated amounts, the amounts paid in ex-
                                                                                                                cess of the substantiated expenses are treated 
                                                      Accountable Plans                                         as paid under a nonaccountable plan. See Rea-
Reimbursements                                        To be an accountable plan, your employer's re-            sonable  period  of  time,  earlier,  and Returning 
                                                      imbursement  or  allowance  arrangement  must             Excess Reimbursements, later.
This section explains what to do when you re-         include all of the following rules.                       Reimbursement  of  nondeductible  ex-
ceive an advance or are reimbursed for any of                                                                   penses. You  may  be  reimbursed  under  your 
the employee business expenses discussed in           1. Your expenses must have a business con-
this publication.                                       nection—that is, you must have paid or in-              employer's accountable plan for expenses rela-
                                                        curred deductible expenses while per-                   ted to that employer's business, some of which 
If  you  received  an  advance,  allowance,  or         forming services as an employee of your                 would  be  allowable  as  employee  business  ex-
reimbursement for your expenses, how you re-            employer.                                               pense  deductions  and  some  of  which  would 
port  this  amount  and  your  expenses  depends                                                                not.  The  reimbursements  you  receive  for  the 
on whether your employer reimbursed you un-           2. You must adequately account to your em-                nondeductible expenses don’t meet rule (1) for 
der  an  accountable  plan  or  a  nonaccountable       ployer for these expenses within a reason-              accountable plans, and they are treated as paid 
plan.                                                   able period of time.                                    under a nonaccountable plan.
                                                      3. You must return any excess reimburse-
This section explains the two types of plans,           ment or allowance within a reasonable pe-               Example. Your employer's plan reimburses 
how per diem and car allowances simplify prov-          riod of time.                                           you for travel expenses while away from home 
ing  the  amount  of  your  expenses,  and  the  tax                                                            on business and also for meals when you work 
treatment  of  your  reimbursements  and  expen-      Adequate  accounting  and  returning  excess              late at the office, even though you aren’t away 
ses.  It  also  covers  rules  for  independent  con- reimbursements are discussed later.                       from home. The part of the arrangement that re-
tractors.                                                                                                       imburses you for the nondeductible meals when 
                                                      An  excess  reimbursement  or  allowance  is 
No reimbursement.     You aren’t reimbursed or        any amount you are paid that is more than the             you work late at the office is treated as paid un-
given an allowance for your expenses if you are       business-related expenses that you adequately             der a nonaccountable plan.
paid  a  salary  or  commission  with  the  under-    accounted for to your employer.                                  The  employer  makes  the  decision 
standing that you will pay your own expenses.         Reasonable period of time.          The definition        TIP    whether to reimburse employees under 
In this situation, you have no reimbursement or       of  reasonable  period  of  time  depends  on  the               an accountable plan or a nonaccounta-
allowance arrangement, and you don’t have to          facts and circumstances of your situation. How-           ble plan. If you are an employee who receives 
read  this  section  on  reimbursements.  Instead,    ever, regardless of the facts and circumstances           payments  under  a  nonaccountable  plan,  you 
see Completing  Form  2106,  later,  for  informa-    of your situation, actions that take place within         can’t convert these amounts to payments under 
tion on completing your tax return.                   the  times  specified  in  the  following  list  will  be an  accountable  plan  by  voluntarily  accounting 
        Form  2106  is  only  used  by  Armed         treated as taking place within a reasonable pe-           to your employer for the expenses and voluntar-
                                                      riod of time.                                             ily returning excess reimbursements to the em-
!       Forces  reservists,  qualified  performing    You receive an advance within 30 days of                ployer.
CAUTION artists, fee-basis state or local govern-
ment  officials,  and  employees  with  impair-         the time you have an expense.
ment-related  work  expenses.  Due  to  the  sus-     You adequately account for your expenses                Adequate Accounting
pension  of  miscellaneous  itemized  deductions        within 60 days after they were paid or in-
subject to the 2% floor under section 67(a), em-        curred.                                                 One of the rules for an accountable plan is that 
ployees who do not fit into one of the listed cat-    You return any excess reimbursement                     you must adequately account to your employer 
egories may not use Form 2106.                          within 120 days after the expense was paid              for your expenses. You adequately account by 
                                                        or incurred.                                            giving  your  employer  a  statement  of  expense, 
                                                      You are given a periodic statement (at                  an account book, a diary, or a similar record in 
Reimbursement,  allowance,  or  advance. A              least quarterly) that asks you to either re-            which you entered each expense at or near the 
reimbursement or other expense allowance ar-            turn or adequately account for outstanding              time  you  had  it,  along  with  documentary  evi-
rangement is a system or plan that an employer          advances and you comply within 120 days                 dence  (such  as  receipts)  of  your  travel,  mile-
uses  to  pay,  substantiate,  and recover the  ex-     of the statement.                                       age,  and  other  employee  business  expenses. 
penses,   advances,   reimbursements,   and 
                                                                                                                (See Table 5-1 in chapter 5 for details you need 
amounts charged to the employer for employee          Employee meets accountable plan rules.         If         to  enter  in  your  record  and  documents  you 
business  expenses.  Arrangements  include  per       you meet the three rules for accountable plans,           need to prove certain expenses.) A per diem or 
diem and car allowances.                              your employer shouldn’t include any reimburse-            car  allowance  satisfies  the  adequate  account-
A  per  diem  allowance  is  a  fixed  amount  of     ments  in  your  income  in  box  1  of  your  Form       ing  requirement  under  certain  conditions.  See 
daily  reimbursement  your  employer  gives  you      W-2.  If  your  expenses  equal  your  reimburse-         Per Diem and Car Allowances, later.
for your lodging and M&IE when you are away           ments,  you  don’t  complete  Form  2106.  You 
from  home  on  business.  (The  term “incidental     have no deduction since your expenses and re-             You  must  account  for  all  amounts  you  re-
expenses” is defined in chapter 1 under Stand-        imbursements are equal.                                   ceived  from  your  employer  during  the  year  as 
ard  Meal  Allowance.)  A  car  allowance  is  an                                                               advances, reimbursements, or allowances. This 
amount  your  employer  gives  you  for  the  busi-           If  your  employer  included  reimburse-
ness use of your car.                                 TIP     ments in box 1 of your Form W-2 and               includes  amounts  you  charged  to  your  em-
Your employer should tell you what method                     you meet all the rules for accountable            ployer by credit card or other method. You must 
of reimbursement is used and what records you         plans, ask your employer for a corrected Form             give  your  employer  the  same  type  of  records 
must provide.                                         W-2.                                                      and supporting information that you would have 
                                                                                                                to  give  to  the  IRS  if  the  IRS  questioned  a  de-
                                                                                                                duction on your return. You must pay back the 
Employers. If you are an employer and you re-         Accountable  plan  rules  not  met.     Even              amount of any reimbursement or other expense 
imburse  employee  business  expenses,  how           though you are reimbursed under an accounta-              allowance  for  which  you  don’t  adequately  ac-
you  treat  this  reimbursement  on  your  employ-    ble plan, some of your expenses may not meet              count or that is more than the amount for which 
ee's Form W-2 depends in part on whether you          all  three  rules.  All  reimbursements  that  fail  to   you accounted.
have  an  accountable  plan.  Reimbursements          meet  all  three  rules  for  accountable  plans  are 
treated as paid under an accountable plan, as         generally  treated  as  having  been  reimbursed 
explained  next,  aren’t  reported  as  pay.  Reim-   under a nonaccountable plan (discussed later).
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Per Diem and Car Allowances                           while  they  are  traveling  away  from  home  in  a          b. For the day you return, add  /  of the 3 4
                                                      particular area. The rates are different for differ-                 standard meal allowance amount for 
If your employer reimburses you for your expen-       ent localities. Your employer should have these                      the preceding day.
ses  using  a  per  diem  or  a  car  allowance,  you rates  available.  You  can  also  find  federal  per      2. Method 2: Prorate the standard meal al-
can generally use the allowance as proof for the      diem  rates  at GSA.gov/travel/plan-book/per-                 lowance using any method you consis-
amount of your expenses. A per diem or car al-        diem-rates.                                                   tently apply in accordance with reasonable 
lowance  satisfies  the  adequate  accounting  re-                                                                  business practice. For example, an em-
quirements  for  the  amount  of  your  expenses      The  standard  meal  allowance.         The 
only if all the following conditions apply.           standard  meal  allowance  is  the  federal  M&IE             ployer can treat 2 full days of per diem 
Your employer reasonably limits payments            rate. For travel in 2022, the rate for most small             (that includes M&IE) paid for travel away 
  of your expenses to those that are ordinary         localities  in  the  United  States  is  $59  per  day.       from home from 9 a.m. of one day to 5 
  and necessary in the conduct of the trade           Most  major  cities  and  many  other  localities             p.m. of the next day as being no more than 
  or business.                                        qualify for higher rates. You can find this infor-            the federal rate. This is true even though a 
The allowance is similar in form to and not         mation  at GSA.gov/travel/plan-book/per-diem-                 federal employee would be limited to a re-
  more than the federal rate (defined later).         rates.                                                        imbursement of M&IE for only 1 /  days of 1 2
You prove the time (dates), place, and              You  receive  an  allowance  only  for  M&IE                  the federal M&IE rate.
  business purpose of your expenses to your           when your employer does one of the following.               The  standard  mileage  rate. This  is  a  set 
  employer (as explained in Table 5-1) within          Provides you with lodging (furnishes it in              rate per mile that you can use to figure your de-
  a reasonable period of time.                           kind).                                                  ductible car expenses. For 2022, the standard 
You aren’t related to your employer (as de-          Reimburses you, based on your receipts,                 mileage rate for the cost of operating your car 
  fined next). If you are related to your em-            for the actual cost of your lodging.                    for business use is 58.5 cents (0.585) per mile 
  ployer, you must be able to prove your ex-           Pays the hotel, motel, etc., directly for your          from January 1–June 30 and 62.5 cents (0.625) 
  penses to the IRS even if you have already             lodging.                                                per mile from July 1–December 31.
  adequately accounted to your employer                Doesn’t have a reasonable belief that you 
  and returned any excess reimbursement.                 had (or will have) lodging expenses, such                Fixed  and  variable  rate  (FAVR). This  is 
                                                         as when you stay with friends or relatives              an  allowance  your  employer  may  use  to  reim-
If the IRS finds that an employer's travel allow-        or sleep in the cab of your truck.                      burse  your  car  expenses.  Under  this  method, 
ance practices are not based on reasonably ac-         Figures the allowance on a basis similar to             your employer pays an allowance that includes 
curate estimates of travel costs (including rec-         that used in figuring your compensation,                a combination of payments covering fixed and 
ognition of cost differences in different areas for      such as number of hours worked or miles                 variable costs, such as a cents-per-mile rate to 
per diem amounts), you won’t be considered to            traveled.                                               cover  your  variable  operating  costs  (such  as 
have accounted to your employer. In this case,                                                                   gas,  oil,  etc.)  plus  a  flat  amount  to  cover  your 
you must be able to prove your expenses to the        High-low rate.       This is a simplified method           fixed costs (such as depreciation (or lease pay-
IRS.                                                  of  figuring  the  federal  per  diem  rate  for  travel   ments), insurance, etc.). If your employer choo-
                                                      within  the  continental  United  States.  It  elimi-
Related to employer. You are related to your          nates the need to keep a current list of the per           ses  to  use  this  method,  your  employer  will  re-
employer if:                                          diem rates for each city.                                  quest the necessary records from you.
                                                      Under  the  high-low  method,  the  per  diem              Reporting your expenses with a per diem or 
1. Your employer is your brother or sister,           amount for travel during January through Sep-              car allowance. If your reimbursement is in the 
     half brother or half sister, spouse, ances-      tember of 2022 is $296 (which includes $74 for             form  of  an  allowance  received  under  an  ac-
     tor, or lineal descendant;                       M&IE)  for  certain  high-cost  locations.  All  other     countable  plan,  the  following  facts  affect  your 
2. Your employer is a corporation in which            areas have a per diem amount of $202 (which                reporting.
     you own, directly or indirectly, more than       includes  $64  for  M&IE).  For  more  information,           The federal rate.
     10% in value of the outstanding stock; or        see  Notice  2021-52,  which  can  be  found  at           
                                                      IRS.gov/irb/2021-38_IRB#NOT-2021-52.                        Whether the allowance or your actual ex-
3. Certain relationships (such as grantor, fi-                                                                      penses were more than the federal rate.
     duciary, or beneficiary) exist between you,              Effective October 1, 2022, the per diem            The following discussions explain where to re-
     a trust, and your employer.                      !       rate  for  certain  high-cost  locations  in-      port  your  expenses  depending  upon  how  the 
                                                      CAUTION creased  to  $297  (which  includes  $74 
                                                                                                                 amount of your allowance compares to the fed-
You may be considered to indirectly own stock         for  M&IE).  The  rate  for  all  other  locations  in-    eral rate.
for purposes of (2) if you have an interest in a      creased to $204 (which includes $64 for M&IE). 
corporation,  partnership,  estate,  or  trust  that  Employers who didn’t use the high-low method                Allowance less than or equal to the fed-
owns the stock or if a member of your family or       during the first 9 months of 2022 can’t begin to           eral  rate. If  your  allowance  is  less  than  or 
your partner owns the stock.                          use  it  before  2023.  For  more  information,  see       equal to the federal rate, the allowance won’t be 
                                                      Notice  2022-44,  which  can  be  found  at                included in box 1 of your Form W-2. You don’t 
The federal rate. The federal rate can be fig-        IRS.gov/irb/2022-41_IRB#NOT-2022-44,    and                need  to  report  the  related  expenses  or  the  al-
ured using any one of the following methods.          Revenue  Procedure  2019-48  at IRS.gov/irb/               lowance  on  your  return  if  your  expenses  are 
1. For per diem amounts:                              2019-51_IRB#RP-2019-48.                                    equal to or less than the allowance.
                                                                                                                  However, if your actual expenses are more 
     a. The regular federal per diem rate.            Prorating  the  standard  meal  allowance                  than  your  allowance,  you  can  complete  Form 
     b. The standard meal allowance.                  on partial days of travel. The standard meal               2106.  If  you  are  using  actual  expenses,  you 
     c. The high-low rate.                            allowance  is  for  a  full  24-hour  day  of  travel.  If must  be  able  to  prove  to  the  IRS  the  total 
                                                      you travel for part of a day, such as on the days          amount of your expenses and reimbursements 
2. For car expenses:                                  you  depart  and  return,  you  must  prorate  the         for the entire year. If you are using the standard 
     a. The standard mileage rate.                    full-day M&IE rate. This rule also applies if your         meal  allowance  or  the  standard  mileage  rate, 
                                                      employer uses the regular federal per diem rate            you don’t have to prove that amount.
     b. A fixed and variable rate (FAVR).             or the high-low rate.
     For per diem amounts, use the rate in            You can use either of the following methods 
                                                      to figure the federal M&IE for that day.
TIP  effect for the locality where you stop for 
     sleep or rest.                                   1.   Method 1:
                                                           a. For the day you depart, add  /  of the 3 4
Regular federal per diem rate.     The regu-                  standard meal allowance amount for 
lar federal per diem rate is the highest amount               that day.
that  the  federal  government  will  pay  to  its 
employees for lodging and M&IE (or M&IE only) 
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Table 6-1. Reporting Travel, Nonentertainment Meal, Gift,                                                                      Form  2106  is  only  used  by  Armed 
              and Car Expenses and Reimbursements                                                                      !       Forces  reservists,  qualified  performing 
                                                                                                                       CAUTION artists, fee-basis state or local govern-
  IF the type of reimbursement (or           THEN the employer reports on               AND the employee               ment  officials,  and  employees  with  impair-
        other expense allowance)                       Form W-2:                           reports on                  ment-related  work  expenses.  Due  to  the  sus-
           arrangement is under:                                                         Form 2106:                    pension  of  miscellaneous  itemized  deductions 
An accountable plan with:                                                                                              subject to the 2% floor under section 67(a), em-
                                                                                                                       ployees who do not fit into one of the listed cat-
Actual expense reimbursement: Adequate       No amount.                          No amount.                            egories may not use Form 2106.
accounting made and excess returned.
Actual expense reimbursement: Adequate       The excess amount as wages in       No amount.
accounting and return of excess both required  box 1.                                                                  Example  1.    A  performing  artist  lives  and 
but excess not returned.                                                                                               works  in  Austin.  In  July,  their  employer  sent 
Per diem or mileage allowance up to the      No amount.                          All expenses and reimbursements       them  to  Albuquerque  for  4  days  on  business. 
federal rate: Adequate accounting made and                                       only if excess expenses are           Their  employer  paid  the  hotel  directly  for  their 
excess returned.                                                                 claimed. Otherwise, form is not       lodging and reimbursed them $80 a day ($320 
                                                                                 filed.                                total)  for  M&IE.  Their  actual  meal  expenses 
Per diem or mileage allowance up to the      The excess amount as wages in       No amount.                            weren’t more than the federal rate for Albuquer-
federal rate: Adequate accounting and return box 1. The amount up to the                                               que, which is $69 per day.
of excess both required but excess not       federal rate is reported only under                                       Their  employer  included  the  $44  that  was 
returned.                                    code L in box 12 of Form W-2—it                                           more than the federal rate (($80 − $69) × 4) in 
                                             isn’t reported in box 1.                                                  box 1 of their Form W-2. Their employer shows 
Per diem or mileage allowance exceeds the    The excess amount as wages in       All expenses (and reimbursements      $276 ($69 a day × 4) under code L in box 12 of 
federal rate: Adequate accounting up to the  box 1. The amount up to the         reported under code L in box 12 of    their  Form  W-2.  This  amount  isn’t  included  in 
federal rate only and excess not returned.   federal rate is reported only under  Form W-2) only if expenses in        their income. They don’t have to complete Form 
                                             code L in box 12 of Form W-2—it     excess of the federal rate are        2106;  however,  they  must  include  the  $44  in 
                                             isn’t reported in box 1.            claimed. Otherwise, form isn’t filed. their gross income as wages (by reporting the 
A nonaccountable plan with:                                                                                            total amount shown in box 1 of their Form W-2).
Either adequate accounting or return of      The entire amount as wages in       All expenses.
excess, or both, not required by plan.       box 1.                                                                    Example 2.     A performing artist also lives in 
                                                                                                                       Austin and works for the same employer as in 
No reimbursement plan:                       The entire amount as wages in       All expenses.                         Example 1. In May, the employer sent them to 
                                             box 1.
                                                                                                                       San Diego for 4 days and paid the hotel directly 
        Form  2106  is  only  used  by  Armed           Example  3.              A  fee-basis  state  government       for  their  hotel  bill.  The  employer  reimbursed 
!       Forces  reservists,  qualified  performing      official  drives  5,000  miles  during  January                them $75 a day for their M&IE. The federal rate 
CAUTION artists, fee-basis state or local govern-       through June 2022 and 5,000 miles during July                  for San Diego is $74 a day.
ment  officials,  and  employees  with  impair-         through  December  2022  for  business.  Under                 They can prove that their actual non-enter-
ment-related  work  expenses.  Due  to  the  sus-       their employer's accountable plan, they account                tainment-related  meal  expenses  totaled  $380. 
pension  of  miscellaneous  itemized  deductions        for  the  time  (dates),  place,  and  business  pur-          Their  employer's  accountable  plan  won’t  pay 
subject to the 2% floor under section 67(a), em-        pose of each trip. Their employer pays them a                  more than $75 a day for travel to San Diego, so 
ployees who do not fit into one of the listed cat-      mileage allowance of 40 cents (0.40) a mile.                   they don’t give their employer the records that 
egories may not use Form 2106.                          Since  their  $6,050  expense  figured  under                  prove  that  they  actually  spent  $380.  However, 
                                                        the standard mileage rate ((5,000 miles x 58.5                 they do account for the time (dates), place, and 
Example 1.       In April, a member of a reserve        cents  (0.585)  per  mile)  +  (5,000  miles  x  62.5          business  purpose  of  the  trip.  This  is  their  only 
component of the Armed Forces takes a 2-day             cents  (0.625)  per  mile))  is  more  than  their             business trip this year.
business  trip  to  Denver.  The  federal  rate  for    $4,000 reimbursement (10,000 miles × 40 cents                  They were reimbursed $300 ($75 × 4 days), 
Denver is $278 ($199 lodging + $79 M&IE) per            (0.40)),  they  itemize  their  deductions  to  claim          which is $4 more than the federal rate of $296 
day. As required by their employer's accounta-          the excess expense. They complete Form 2106                    ($74 × 4 days). The employer includes the $4 
ble  plan,  they  account  for  the  time  (dates),     (showing  all  their  expenses  and  reimburse-                as  income  on  their  employee’s  Form  W-2  in 
place,  and  business  purpose  of  the  trip.  Their   ments) and enter $2,050 ($6,050 − $4,000) as                   box  1.  The  employer  also  enters  $296  under 
employer  reimburses  them  $278  a  day  ($556         an itemized deduction.                                         code L in box 12 of the employee’s Form W-2.
                                                                                                                       They complete Form 2106 to figure their de-
total) for living expenses. Their living expenses       Allowance more than the federal rate.                       If ductible expenses. They enter the total of their 
in Denver aren’t more than $278 a day.                  your  allowance  is  more  than  the  federal  rate,           actual  expenses  for  the  year  ($380)  on  Form 
Their  employer  doesn’t  include  any  of  the         your  employer  must  include  the  allowance                  2106. They also enter the reimbursements that 
reimbursement  on  their  Form  W-2  and  they          amount up to the federal rate under code L in                  weren’t  included  in  their  income  ($296).  Their 
don’t deduct the expenses on their return.              box 12 of your Form W-2. This amount isn’t tax-                total deductible expense, before the 50% limit, 
                                                        able. However, the excess allowance will be in-                is $96. Since their meals consisted of food and 
Example 2.       In June, a fee-basis local gov-        cluded in box 1 of your Form W-2. You must re-                 beverages  that  were  provided  by  a  restaurant 
ernment  official  takes  a  2-day  business  trip  to  port  this  part  of  your  allowance  as  if  it  were        and  paid  or  incurred  after  2020  and  before 
Boston.  Their  employer  uses  the  high-low           wage income.                                                   2023, they can deduct 100% of their meal ex-
method to reimburse employees. Since Boston             If  your  actual  expenses  are  less  than  or                penses.  They  will  include  the  $96  as  an  item-
is a high-cost area, they are given an advance          equal  to  the  federal  rate,  you  don’t  complete           ized deduction.
of  $296  (which  includes  $74  for  M&IE)  a  day     Form  2106  or  claim  any  of  your  expenses  on 
($592  total)  for  their  lodging  and  M&IE.  Their   your return.                                                   Example  3.    A  fee-basis  state  government 
actual expenses totaled $700.                           However, if your actual expenses are more                      official  drives  5,000  miles  during  January 
Since their $700 of expenses are more than              than  the  federal  rate,  you  can  complete  Form            through June 2022 and 5,000 miles during July 
their $592 advance, they include the excess ex-         2106 and deduct those excess expenses. You                     through  December  2022  for  business.  Under 
penses  when  they  itemize  their  deductions.         must report on Form 2106 your reimbursements                   their employer's accountable plan, they get re-
They complete Form 2106 (showing all of their           up to the federal rate (as shown under code L in               imbursed 65 cents (0.65) a mile, which is more 
expenses  and  reimbursements).  They  must             box 12 of your Form W-2) and all your expen-                   than the standard mileage rate. Their total reim-
also allocate their reimbursement between their         ses.  You  should  be  able  to  prove  these                  bursement is $6,500.
meals  and  other  expenses  as  discussed  later       amounts to the IRS.                                            Their employer must include the reimburse-
under Completing Form 2106.                                                                                            ment  amount  up  to  the  standard  mileage  rate, 
                                                                                                                       $6,050  ((5,000  miles  x  58.5  cents  (0.585)  per 
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mile)  +  (5,000  miles  x  62.5  cents  (0.625)  per  to  cover  your  M&IE.  The  federal  per  diem  for    You are a performing artist and are being re-
mile)),  under  code  L  in  box  12  of  the  employ- M&IE for Phoenix is $69. Your trip lasts only 3         imbursed  under  a  nonaccountable  plan.  Your 
ee’s Form W-2. That amount isn’t taxable. Their        days. Under your employer's accountable plan,           employer will include the $12,000 on your Form 
employer  must  also  include  $450  ($6,500  −        you  must  return  the  $160  ($80  ×  2  days)  ad-    W-2 as if it were wages. If you want to deduct 
$6,050) in box 1 of the employee's Form W-2.           vance for the 2 days you didn’t travel. For the 3       your  business  expenses,  you  must  complete 
This is the reimbursement that is more than the        days you did travel, you don’t have to return the       Form 2106 and itemize your deductions.
standard mileage rate.                                 $33  difference  between  the  allowance  you  re-
If  their  expenses  are  equal  to  or  less  than    ceived and the federal rate for Phoenix (($80 −         Example  2.    You  are  paid  $2,000  a  month 
the  standard  mileage  rate,  they  wouldn’t  com-    $69) × 3 days). However, the $33 will be repor-         by your employer. On days that you travel away 
plete  Form  2106.  If  their  expenses  are  more     ted on your Form W-2 as wages.                          from  home  on  business,  your  employer  desig-
than  the  standard  mileage  rate,  they  would                                                               nates $50 a day of your salary as paid to reim-
complete  Form  2106  and  report  their  total  ex-                                                           burse your travel expenses. Because your em-
penses and reimbursement (shown under code             Nonaccountable Plans                                    ployer  would  pay  your  monthly  salary  whether 
L in box 12 of their Form W-2). They would then                                                                or not you were traveling away from home, the 
claim the excess expenses as an itemized de-           A  nonaccountable  plan  is  a  reimbursement  or       arrangement is a nonaccountable plan. No part 
duction.                                               expense  allowance  arrangement  that  doesn’t          of the $50 a day designated by your employer is 
                                                       meet one or more of the three rules listed earlier      treated as paid under an accountable plan.
                                                       under Accountable Plans.
Returning Excess 
Reimbursements                                         In addition, even if your employer has an ac-           Rules for Independent 
                                                       countable  plan,  the  following  payments  will  be    Contractors and Clients
Under an accountable plan, you are required to         treated as being paid under a nonaccountable 
return  any  excess  reimbursement  or  other  ex-     plan.                                                   This  section  provides  rules  for  independent 
pense  allowances  for  your  business  expenses       Excess reimbursements you fail to return              contractors who incur expenses on behalf of a 
to  the  person  paying  the  reimbursement  or  al-     to your employer.                                     client or customer. The rules cover the reporting 
lowance.  Excess  reimbursement  means  any            Reimbursement of nondeductible expen-                 and  substantiation  of  certain  expenses  dis-
amount for which you didn’t adequately account           ses related to your employer's business.              cussed in this publication, and they affect both 
within  a  reasonable  period  of  time.  For  exam-     See Reimbursement of nondeductible ex-                independent  contractors  and  their  clients  or 
ple,  if  you  received  a  travel  advance  and  you    penses, earlier, under Accountable Plans.             customers.
didn’t spend all the money on business-related 
expenses or you don’t have proof of all your ex-       An  arrangement  that  repays  you  for  business 
penses, you have an excess reimbursement.              expenses by reducing the amount reported as             You  are  considered  an  independent  con-
                                                       your wages, salary, or other pay will be treated        tractor  if  you  are  self-employed  and  you  per-
                                                       as a nonaccountable plan. This is because you           form services for a customer or client.
Adequate accounting and reasonable period              are  entitled  to  receive  the  full  amount  of  your 
of time were discussed earlier in this chapter.        pay whether or not you have any business ex-            Accounting to Your Client
                                                       penses.
Travel advance. You receive a travel advance                                                                   If  you  received  a  reimbursement  or  an  allow-
if your employer provides you with an expense          If you aren’t sure if the reimbursement or ex-          ance for travel, or gift expenses that you incur-
allowance  before  you  actually  have  the  ex-       pense  allowance  arrangement  is  an  accounta-        red on behalf of a client, you should provide an 
pense, and the allowance is reasonably expec-          ble or nonaccountable plan, ask your employer.          adequate accounting of these expenses to your 
ted to be no more than your expense. Under an                                                                  client.  If  you  don’t  account  to  your  client  for 
accountable  plan,  you  are  required  to  ade-       Reporting  your  expenses  under  a  nonac-             these  expenses,  you  must  include  any  reim-
quately  account  to  your  employer  for  this  ad-   countable  plan. Your  employer  will  combine          bursements or allowances in income. You must 
vance and to return any excess within a reason-        the amount of any reimbursement or other ex-            keep  adequate  records  of  these  expenses 
able period of time.                                   pense  allowance  paid  to  you  under  a  nonac-       whether  or  not  you  account  to  your  client  for 
If you don’t adequately account for or don't           countable plan with your wages, salary, or other        these expenses.
return any excess advance within a reasonable          pay. Your employer will report the total in box 1 
period of time, the amount you don’t account for       of your Form W-2.                                       If you don’t separately account for and seek 
or return will be treated as having been paid un-      You must complete Form 2106 and itemize                 reimbursement for meal and entertainment ex-
der a nonaccountable plan (discussed later).           your  deductions  to  deduct  your  expenses  for       penses in connection with providing services for 
Unproven amounts.      If you don’t prove that         travel,  transportation,  or  non-entertainment-re-     a  client,  you  are  subject  to  the  50%  limit  on 
you actually traveled on each day for which you        lated  meals.  Your  meal  and  entertainment  ex-      those expenses. See 50% Limit in chapter 2.
received a per diem or car allowance (proving          penses  will  be  subject  to  the 50%  Limit  dis-
the elements described in Table 5-1), you must         cussed in chapter 2. However, you can deduct            Adequate  accounting. As  a  self-employed 
return  this  unproven  amount  of  the  travel  ad-   100% of business meals if the meals are food            person,  you  adequately  account  by  reporting 
vance within a reasonable period of time. If you       and  beverages  provided  by  a  restaurant,  and       your actual expenses. You should follow the re-
don’t do this, the unproven amount will be con-        paid or incurred after 2020 and before 2023.            cordkeeping rules in chapter 5.
sidered paid under a nonaccountable plan (dis-                 Form  2106  is  only  used  by  Armed           How  to  report.     For  information  on  how  to 
cussed later).                                         !       Forces  reservists,  qualified  performing      report  expenses  on  your  tax  return,  see 
                                                       CAUTION artists, fee-basis state or local govern-       Self-employed at the beginning of this chapter.
Per  diem  allowance  more  than  federal              ment  officials,  and  employees  with  impair-
rate. If your employer's accountable plan pays         ment-related  work  expenses.  Due  to  the  sus-
you an allowance that is higher than the federal       pension  of  miscellaneous  itemized  deductions        Required Records for
rate, you don’t have to return the difference be-      subject to the 2% floor under section 67(a), em-        Clients or Customers
tween  the  two  rates  for  the  period  you  can     ployees who do not fit into one of the listed cat-
prove  business-related  travel  expenses.  How-       egories may not use Form 2106.                          If  you  are  a  client  or  customer,  you  generally 
ever,  the  difference  will  be  reported  as  wages                                                          don’t  have  to  keep  records  to  prove  the  reim-
on your Form W-2. This excess amount is con-                                                                   bursements  or  allowances  you  give,  in  the 
sidered paid under a nonaccountable plan (dis-         Example  1.      Your  employer  gives  you             course  of  your  business,  to  an  independent 
cussed later).                                         $1,000 a month ($12,000 total for the year) for         contractor for travel or gift expenses incurred on 
                                                       your business expenses. You don’t have to pro-          your behalf. However, you must keep records if:
Example.       Your  employer  sends  you  on  a       vide  any  proof  of  your  expenses  to  your  em-     You reimburse the contractor for entertain-
5-day  business  trip  to  Phoenix  in  March  2022    ployer,  and  you  can  keep  any  funds  that  you       ment expenses incurred on your behalf, 
and gives you a $400 ($80 × 5 days) advance            don’t spend.                                              and
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  The contractor adequately accounts to you            2023. A special rule allows this 100% deduction 
    for these expenses.                                  for the full meal portion of a per diem rate or al-
                                                         lowance.  See 50%  Limit  in  chapter  2  and          Completing Form
Contractor adequately accounts. If the con-              IRS.gov/Newsroom/IRS-Provides-Guidance-
tractor adequately accounts to you for non-en-           on-Per-Diem-Rates-and-the-Temporary-100-               2106
tertainment-related meal expenses, you (the cli-         Percent-Deduction-for-Food-or-Beverages-
ent   or customer)      must keep     records            From-Restaurants for additional information.           For  tax  years  beginning  after  2017,  the  Form 
documenting each element of the expense, as                                                                     2106 will be used by Armed Forces reservists, 
explained  in chapter  5.  Use  your  records  as        Regular federal per diem rate method.   Reg-           qualified  performing  artists,  fee-basis  state  or 
proof  for  a  deduction  on  your  tax  return.  If     ular federal per diem rates are published by the       local government officials, and employees with 
non-entertainment-related  meal  expenses  are           General  Services  Administration  (GSA).  Both        impairment-related  work  expenses.  Due  to  the 
accounted for separately, you are subject to the         tables  include  the  separate  rate  for  M&IE  for   suspension  of  miscellaneous  itemized  deduc-
50% limit on meals. However, you can deduct              each  locality.  The  rates  listed  for  FY2022  at   tions  subject  to  the  2%  floor  under  section 
100% of business meals if the meals are food             GSA.gov/travel/plan-book/per-diem-rates are            67(a), employees who do not fit into one of the 
and  beverages  provided  by  a  restaurant,  and        effective October 1, 2021, and those listed for        listed categories may not use Form 2106.
paid or incurred after 2020 and before 2023. If          FY2023  are  effective  October  1,  2022.  The        This  section  briefly  describes  how  employ-
the  contractor  adequately  accounts  to  you  for      standard rate for all locations within CONUS not       ees  complete  Forms  2106. Table  6-1  explains 
reimbursed  amounts,  you  don’t  have  to  report       specifically  listed  for  FY2022  is  $155  ($96  for what  the  employer  reports  on  Form  W-2  and 
the amounts on an information return.                    lodging  and  $59  for  M&IE).  For  FY2023,  this     what the employee reports on Form 2106. The 
                                                         rate increases to $157 ($98 for lodging and $59        instructions for the forms have more information 
Contractor  doesn’t  adequately  account. If             for M&IE).                                             on completing them.
the  contractor  doesn’t  adequately  account  to 
you  for  allowances  or  reimbursements  of                                                                            If  you  are  self-employed,  don’t  file 
non-entertainment-related  meal  expenses,  you          Transition Rules                                       !       Form  2106.  Report  your  expenses  on 
don’t have to keep records of these items. You                                                                  CAUTION Schedule C (Form 1040) or Schedule F 
aren’t subject to the 50% limit on meals in this         The transition period  covers the  last 3 months       (Form  1040).  See  the  instructions  for  the  form 
case.  You  can  deduct  the  reimbursements  or         of  the  calendar  year,  from  the  time  that  new   that you must file.
allowances as payment for services if they are           rates  are  effective  (generally,  October  1) 
ordinary  and  necessary  business  expenses.            through  December  31.  During  this  period,  you 
However, you must file Form 1099-MISC to re-             may generally change to the new rates or finish        Car  expenses. If  you  used  a  car  to  perform 
port amounts paid to the independent contrac-            out the year with the rates you had been using.        your  job  as  an  employee,  you  may  be  able  to 
                                                                                                                deduct certain car expenses. These are gener-
tor  if  the  total  of  the  reimbursements  and  any   High-low method.    If you use the high-low sub-       ally  figured  on  Form  2106,  Part  II,  and  then 
other fees is $600 or more during the calendar           stantiation method, when new rates become ef-          claimed on Form 2106, Part I, line 1, column A.
year.                                                    fective  (generally,  October  1)  you  can  either    Information  on  use  of  cars.     If  you  claim 
                                                         continue with the rates you used for the first part    any deduction for the business use of a car, you 
                                                         of  the  year  or  change  to  the  new  rates.  How-  must answer certain questions and provide in-
How To Use Per Diem                                      ever,  you  must  continue  using  the  high-low       formation about the use of the car. The informa-
Rate Tables                                              method  for  the  rest  of  the  calendar  year        tion relates to the following items.
                                                         (through December 31). If you are an employer,         Date placed in service.
This section contains information about the per          you must use the same rates for all employees          Mileage (total, business, commuting, and 
diem rate substantiation methods available and           reimbursed  under  the  high-low  method  during         other personal mileage).
the choice of rates you must make for the last 3         that calendar year.                                    Percentage of business use.
months of the year.                                      The new rates and localities for the high-low          After-work use.
                                                         method are included each year in a notice that         Use of other vehicles.
                                                         is generally published in mid to late September.       Whether you have evidence to support the 
The Two Substantiation                                   You  can  find  the  notice  in  the  weekly  Internal   deduction.
Methods                                                  Revenue Bulletin (IRB) at IRS.gov/IRB, or visit        Whether or not the evidence is written.
                                                         IRS.gov and enter “Special Per Diem Rates” in 
High-low  method.   IRS  Notices  list  the  locali-     the search box.                                        Employees  must  complete  Form  2106,  Part  II, 
ties that are treated under the high-low substan-                                                               Section A, to provide this information.
tiation  method  as  high-cost  localities  for  all  or Federal per diem rate method. New CONUS                Standard mileage rate.      If you claim a de-
part  of  the  year.  Notice  2021-52,  available  at    per diem rates become effective on October 1           duction based on the standard mileage rate in-
IRS.gov/irb/2021-38_IRB#NOT-2021-52,  lists              of each year and remain in effect through Sep-         stead of your actual expenses, you must com-
the high-cost localities that are eligible for $296      tember 30 of the following year. Employees be-         plete Form 2106, Part II, Section B. The amount 
(which  includes  $74  for  meals  and  incidental       ing reimbursed under the per diem rate method          on line 22 (Section B) is carried to Form 2106, 
expenses  (M&IE))  per  diem,  effective  October        during the first 9 months of a year (January 1–        Part I, line 1. In addition, on Part I, line 2, you 
1, 2021. For travel on or after October 1, 2021,         September  30)  must  continue  under  the  same       can deduct parking fees and tolls that apply to 
all other localities within the continental United       method  through  the  end  of  that  calendar  year    the business use of the car. See Standard Mile-
States (CONUS) are eligible for $202 (which in-          (December  31).  However,  for  travel  by  these      age Rate in chapter 4 for information on using 
cludes  $64  for  M&IE)  per  diem  under  the           employees  from  October  1  through  December         this rate.
high-low method.                                         31, you can choose to continue using the same 
Notice  2022-44,  available  at IRS.gov/irb/             per diem rates or use the new rates.                   Actual expenses.   If you claim a deduction 
2022-41_IRB#NOT-2022-44, lists the high-cost             The new federal CONUS per diem rates are               based on actual car expenses, you must com-
localities  that  are  eligible  for  $297  (which  in-  published each year, generally early in Septem-        plete Form 2106, Part II, Section C. In addition, 
cludes $74 for M&IE) per diem, effective Octo-           ber.  Go  to GSA.gov/travel/plan-book/per-diem-        unless you lease your car, you must complete 
ber  1,  2022.  For  travel  on  or  after  October  1,  rates.                                                 Section D to show your depreciation deduction 
                                                                                                                and any section 179 deduction you claim.
2022,  the  per  diem  for  all  other  localities  in-          Per  diem  rates  for  localities  listed  for If you are still using a car that is fully depre-
creased to $204 (which includes $64 for M&IE).           !       FY2023 may change at any time. To be           ciated,  continue  to  complete  Section  C.  Since 
                                                         CAUTION sure  you  have  the  most  current  rate,     you have no depreciation deduction, enter zero 
Temporary 100% deduction of the full meal                check        GSA.gov/travel/plan-book/per-diem-        on  line  28.  In  this  case,  don’t  complete  Sec-
portion of a per diem rate or allowance.  A              rates.                                                 tion D.
100% deduction is allowed for certain business 
meals  paid  or  incurred  after  2020  and  before 

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   Car rentals. If you claim car rental expen-         your employer pays your reimbursement in the                  1.  Limit  on  meals  and  entertainment. 
ses  on  Form  2106,  line  24a,  you  may  have  to   following manner.                                             Certain non-entertainment-related meal expen-
reduce that expense by an inclusion amount, as         Pays you a single amount that covers                        ses  are  subject  to  a  50%  limit.  However,  you 
described in chapter 4. If so, you can show your         non-entertainment-related meals and/or                      can  deduct  100%  of  business  meals  if  the 
car expenses and any inclusion amount as fol-            entertainment, as well as other business                    meals  are  food  and  beverages  provided  by  a 
lows.                                                    expenses.                                                   restaurant and paid or incurred after 2020 and 
1. Figure the inclusion amount without taking          Doesn’t clearly identify how much is for de-                before  2023.  Generally,  entertainment  expen-
    into account your business-use percent-              ductible non-entertainment-related meals.                   ses  are  nondeductible  if  paid  or  incurred  after 
    age for the tax year.                              You  must  allocate  that  single  payment  so  that          December  2017.  If  you  are  an  employee,  you 
                                                       you  know  how  much  to  enter  on  Form  2106,              figure this limit on line 9 of Form 2106. See the 
2. Report the inclusion amount from (1) on             line 7, column A and column B.                                Meals Deduction From Restaurants Worksheet 
    Form 2106, Part II, line 24b.                                                                                    in  the  2022  Instructions  for  Form  2106  for  re-
3. Report on line 24c the net amount of car            Example.  Your  employer  paid  you  an  ex-                  porting  information.  (See 50%  Limit  in  chap-
    rental expenses (total car rental expenses         pense allowance of $12,000 this year under an                 ter 2.)
    minus the inclusion amount figured in (1)).        accountable  plan.  The  $12,000  payment  con-               2.  Limit  on  total  itemized  deductions. 
                                                       sisted  of  $5,000  for  airfare  and  $7,000  for            Limitations on itemized deductions are suspen-
The net amount of car rental expenses will be          non-entertainment-related  meals,  and  car  ex-              ded for tax years beginning after 2017 and be-
adjusted on Form 2106, Part II, line 27, to reflect    penses. Your employer didn’t clearly show how                 fore tax year January 2026, per section 68(g).
the percentage of business use for the tax year.       much of the $7,000 was for the cost of deducti-
                                                       ble  non-entertainment-related  meals.  You  ac-
Transportation  expenses.   Show  your  trans-         tually spent $14,000 during the year ($5,500 for              Special Rules
portation expenses that didn’t involve overnight       airfare,  $4,500  for  non-entertainment-related 
travel on Form 2106, line 2, column A. Also in-        meals, and $4,000 for car expenses).                          This section discusses special rules that apply 
clude on this line business expenses you have          Since the airfare allowance was clearly iden-                 only  to  Armed  Forces  reservists,  government 
for parking fees and tolls. Don’t include expen-       tified,  you  know  that  $5,000  of  the  payment            officials who are paid on a fee basis, performing 
ses of operating your car or expenses of com-          goes in column A, line 7, of Form 2106. To allo-              artists,  and  disabled  employees  with  impair-
muting between your home and work.                     cate  the  remaining  $7,000,  you  use  the  work-           ment-related work expenses. For tax years be-
                                                       sheet from the Instructions for Form 2106. Your               ginning after 2017, they are the only taxpayers 
Employee  business  expenses  other  than              completed worksheet follows.                                  who can use Form 2106.
nonentertainment  meals.  Show  your  other 
employee  business  expenses  on  Form  2106,          Reimbursement Allocation Work-                                Armed Forces Reservists 
lines  3  and  4,  column  A.  Don’t  include  expen-                      sheet                                     Traveling More Than 100 Miles 
ses for nonentertainment meals on those lines.           (Keep for your records.)                                    From Home
Line 4 is for expenses such as gifts, educational 
expenses (tuition       and   books),      of-         1. Enter the total amount of 
fice-in-the-home expenses, and trade and pro-            reimbursements your                                         If you are a member of a reserve component of 
fessional publications.                                  employer gave you that                                      the Armed Forces of the United States and you 
                                                         weren’t reported to you in                                  travel more than 100 miles away from home in 
        If  line  4  expenses  are  the  only  ones      box 1 of Form W-2 . . . . . . . . .         $7,000          connection  with  your  performance  of  services 
TIP     you are claiming, you received no reim-        2. Enter the total amount of your                             as  a  member  of  the  reserves,  you  can  deduct 
        bursements  (or  the  reimbursements             expenses for the periods                                    your travel expenses as an adjustment to gross 
were  all  included  in  box  1  of  your  Form  W-2),   covered by this                                             income rather than as a miscellaneous itemized 
and the special rules discussed later don’t ap-          reimbursement . . . . . . . . . . . .       8,500           deduction.  The  amount  of  expenses  you  can 
ply to you, don’t complete Form 2106.                  3. Enter the part of the amount                               deduct  as  an  adjustment  to  gross  income  is 
                                                         on line 2 that was your total                               limited to the regular federal per diem rate (for 
Non-entertainment-related  meal  expenses.               expense for                                                 lodging  and  M&IE)  and  the  standard  mileage 
Show the full amount of your expenses for non-           non-entertainment-related                                   rate  (for  car  expenses)  plus  any  parking  fees, 
entertainment business-related meals on Form             meals . . . . . . . . . . . . . . . . . . . 4,500           ferry fees, and tolls. See Per Diem and Car Al-
2106,  line  5,  column  B.  Include  meals  while     4. Divide line 3 by line 2. Enter                             lowances, earlier, for more information.
away  from  your  tax  home  overnight  and  other       the result as a decimal 
business meals. See the Meals Deduction From             (rounded to at least three                                  Member of a reserve component.  You are a 
Restaurants Worksheet in the 2022 Instructions           places) . . . . . . . . . . . . . . . . . . 0.529           member of a reserve component of the Armed 
for Form 2106 for reporting information.               5. Multiply line 1 by line 4. Enter                           Forces  of  the  United  States  if  you  are  in  the 
                                                         the result here and in column                               Army, Navy, Marine Corps, Air Force, or Coast 
   “Hours of service” limits. If you are sub-            B, line 7 . . . . . . . . . . . . . . . . . 3,703           Guard Reserve; the Army National Guard of the 
ject  to  the  Department  of  Transportation's        6. Subtract line 5 from line 1.                               United States; the Air National Guard of the Uni-
“hours of service” limits (as explained earlier un-      Enter the result here and in                                ted States; or the Reserve Corps of the Public 
der Individuals subject to “hours of service” lim-       column A, line 7 . . . . . . . . . . .      $3,297          Health Service.
its  in  chapter  2),  use  80%  instead  of  50%  for 
meals while away from your tax home.                   On  line  7  of  Form  2106,  you  enter  $8,297              How  to  report. If  you  have  reserve-related 
                                                       ($5,000 airfare and $3,297 of the $7,000) in col-             travel that takes you more than 100 miles from 
Reimbursements. Enter on Form 2106, line 7,            umn A and $3,703 (of the $7,000) in column B.                 home,  you  should  first  complete  Form  2106. 
the amounts your employer (or third party) reim-                                                                     Then  include  your  expenses  for  reserve  travel 
bursed you that weren’t reported to you in box 1       After  you  complete  the  form.              If  you  are  a over  100  miles  from  home,  up  to  the  federal 
of your Form W-2. This includes any amount re-         government official paid on a fee basis, a per-               rate,  from  Form  2106,  line  10,  in  the  total  on 
ported under code L in box 12 of Form W-2.             forming artist, an Armed Forces reservist, or a               Schedule 1 (Form 1040), line 12.
   Allocating  your  reimbursement.      If  you       disabled  employee  with  impairment-related                  You  can’t  deduct  expenses  of  travel  that 
were  reimbursed  under  an  accountable  plan         work expenses, see Special Rules, later.                      doesn’t  take  you  more  than  100  miles  from 
and  want  to  deduct  excess  expenses  that                                                                        home as an adjustment to gross income.
weren’t  reimbursed,  you  may  have  to  allocate     Limits  on  employee  business  expenses. 
your  reimbursement.  This  is  necessary  when        Your  employee  business  expenses  may  be 
                                                       subject  to  either  of  the  limits  described  next.        Officials Paid on a Fee Basis
                                                       They  are  figured  in  the  following  order  on  the 
                                                       specified form.                                               Certain  fee-basis  officials  can  claim  their  em-
                                                                                                                     ployee business expenses on Form 2106.
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Fee-basis officials are persons who are em-              You are disabled if you have:                       VITA. The Volunteer Income Tax Assis-
ployed by a state or local government and who          A physical or mental disability (for exam-            tance (VITA) program offers free tax help 
are paid in whole or in part on a fee basis. They        ple, blindness or deafness) that function-            to people with low-to-moderate incomes, 
can deduct their business expenses in perform-           ally limits your being employed; or                   persons with disabilities, and limited-Eng-
ing  services  in  that  job  as  an  adjustment  to   A physical or mental impairment (for exam-            lish-speaking taxpayers who need help 
gross  income  rather  than  as  a  miscellaneous        ple, a sight or hearing impairment) that              preparing their own tax returns. Go to 
itemized deduction.                                      substantially limits one or more of your ma-          IRS.gov/VITA, download the free IRS2Go 
                                                         jor life activities, such as performing man-          app, or call 800-906-9887 for information 
If  you  are  a  fee-basis  official,  include  your     ual tasks, walking, speaking, breathing,              on free tax return preparation.
employee business expenses from Form 2106,               learning, or working.                               TCE. The Tax Counseling for the Elderly 
line 10, in the total on Schedule 1 (Form 1040),                                                               (TCE) program offers free tax help for all 
line 12.                                                 You  can  deduct  impairment-related  expen-          taxpayers, particularly those who are 60 
                                                      ses as business expenses if they are:                    years of age and older. TCE volunteers 
                                                       Necessary for you to do your work satis-              specialize in answering questions about 
Expenses of Certain                                      factorily;                                            pensions and retirement-related issues 
Performing Artists                                     For goods and services not required or                unique to seniors. Go to IRS.gov/TCE, 
                                                         used, other than incidentally, in your per-           download the free IRS2Go app, or call 
If you are a performing artist, you may qualify to       sonal activities; and                                 888-227-7669 for information on free tax 
deduct  your  employee  business  expenses  as         Not specifically covered under other in-              return preparation.
an adjustment to gross income. To qualify, you           come tax laws.                                      MilTax. Members of the U.S. Armed 
must meet all of the following requirements.                                                                   Forces and qualified veterans may use Mil-
1. During the tax year, you perform services             Example 1. You are blind. You must use a              Tax, a free tax service offered by the De-
in the performing arts as an employee for             reader to do your work. You use the reader both          partment of Defense through Military One-
at least two employers.                               during your regular working hours at your place          Source.
                                                      of work and outside your regular working hours 
2. You receive at least $200 each from any            away  from  your  place  of  work.  The  reader's      For     more      information,      go        to 
two of these employers.                               services are only for your work. You can deduct        MilitaryOneSource    (MilitaryOneSource.mil/
3. Your related performing-arts business ex-          your  expenses  for  the  reader  as  business  ex-    MilTax).
penses are more than 10% of your gross                penses.                                                Also,  the  IRS  offers  Free  Fillable  Forms, 
                                                                                                             which  can  be  completed  online  and  then  filed 
income from the performance of those                     Example 2. You are deaf. You must use a             electronically regardless of income.
services.                                             sign language interpreter during meetings while 
4. Your adjusted gross income isn’t more              you are at work. The interpreter's services are        Using online tools to help prepare your re-
than $16,000 before deducting these busi-             used  only  for  your  work.  You  can  deduct  your   turn. Go to IRS.gov/Tools for the following.
ness expenses.                                        expenses for the interpreter as business expen-        The Earned Income Tax Credit Assistant 
                                                      ses.                                                     (IRS.gov/EITCAssistant) determines if 
Special rules for married persons. If you are                                                                  you’re eligible for the earned income credit 
married, you must file a joint return unless you                                                               (EIC).
                                                                                                             The Online EIN Application IRS.gov/EIN (    ) 
lived apart from your spouse at all times during      How To Get Tax Help                                      helps you get an employer identification 
the tax year. If you file a joint return, you must 
                                                                                                               number (EIN) at no cost.
figure requirements (1), (2), and (3) separately      If  you  have  questions  about  a  tax  issue;  need  The Tax Withholding Estimator IRS.gov/ (
for  both  you  and  your  spouse.  However,  re-     help preparing your tax return; or want to down-         W4app) makes it easier for you to estimate 
quirement (4) applies to your and your spouse's       load free publications, forms, or instructions, go       the federal income tax you want your em-
combined adjusted gross income.                       to IRS.gov to find resources that can help you           ployer to withhold from your paycheck. 
                                                      right away.
Where to report.   If you meet all of the above                                                                This is tax withholding. See how your with-
                                                                                                               holding affects your refund, take-home 
requirements,  you  should  first  complete  Form     Preparing  and  filing  your  tax  return. After         pay, or tax due.
2106. Then you include your performing-arts-re-       receiving  all  your  wage  and  earnings  state-
lated expenses from Form 2106, line 10, in the        ments (Form W-2, W-2G, 1099-R, 1099-MISC,              The First Time Homebuyer Credit Account 
total on Schedule 1 (Form 1040), line 12.             1099-NEC, etc.); unemployment compensation               Look-up IRS.gov/HomeBuyer (    ) tool pro-
If  you  don’t  meet  all  of  the  above  require-   statements  (by  mail  or  in  a  digital  format)  or   vides information on your repayments and 
ments, you don’t qualify to deduct your expen-        other  government  payment  statements  (Form            account balance.
ses as an adjustment to gross income.                 1099-G); and interest, dividend, and retirement        The Sales Tax Deduction Calculator 
                                                      statements  from  banks  and  investment  firms          (IRS.gov/SalesTax) figures the amount you 
Impairment-Related Work                               (Forms  1099),  you  have  several  options  to          can claim if you itemize deductions on 
Expenses of Disabled Employees                        choose from to prepare and file your tax return.         Schedule A (Form 1040).
                                                      You can prepare the tax return yourself, see if                Getting  answers  to  your  tax  ques-
If you are an employee with a physical or men-        you qualify for free tax preparation, or hire a tax            tions. On  IRS.gov,  you  can  get 
tal  disability,  your  impairment-related  work  ex- professional to prepare your return.                           up-to-date  information  on  current 
                                                                                                             events and changes in tax law.
penses  aren’t  subject  to  the  2%-of-adjus-        Free  options  for  tax  preparation.  Go  to 
ted-gross-income  limit  that  applies  to  most      IRS.gov  to  see  your  options  for  preparing  and   Go to IRS.gov/Help: A variety of tools to 
other  employee  business  expenses.  After  you      filing your return online or in your local commun-       help you get answers to some of the most 
complete Form 2106, enter your impairment-re-         ity, if you qualify, which include the following.        common tax questions.
lated work expenses from Form 2106, line 10,                                                                 Go to IRS.gov/ITA: The Interactive Tax As-
on Schedule A (Form 1040), line 16, and iden-          Free File. This program lets you prepare 
tify the type and amount of this expense on the          and file your federal individual income tax           sistant, a tool that will ask you questions 
line next to line 16.                                    return for free using brand-name tax-prep-            and, based on your input, provide answers 
                                                         aration-and-filing software or Free File filla-       on a number of tax law topics.
                                                         ble forms. However, state tax preparation           Go to IRS.gov/Forms: Find forms, instruc-
Impairment-related work expenses are your                may not be available through Free File. Go            tions, and publications. You will find details 
allowable  expenses  for  attendant  care  at  your      to IRS.gov/FreeFile to see if you qualify for         on the most recent tax changes and inter-
workplace  and  other  expenses  in  connection          free online federal tax preparation, e-filing,        active links to help you find answers to 
with your workplace that are necessary for you           and direct deposit or payment options.                your questions.
to be able to work.

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   You may also be able to access tax law in-       is  available  at  Taxpayer  Assistance  Centers      Tax Pro Account. This tool lets your tax pro-
     formation in your electronic filing software.    (TACs), other IRS offices, and every VITA/TCE         fessional submit an authorization request to ac-
                                                      return  site.  OPI  Service  is  accessible  in  more cess  your  individual  taxpayer  IRS  online 
                                                      than 350 languages.                                   account.  For  more  information,  go  to IRS.gov/
Need someone to prepare your tax return?                                                                    TaxProAccount.
There are various types of tax return preparers,      Accessibility  Helpline  available  for  taxpay-
including  enrolled  agents,  certified  public  ac-  ers with disabilities. Taxpayers who need in-         Using  direct  deposit. The  fastest  way  to  re-
countants (CPAs), accountants, and many oth-          formation  about  accessibility  services  can  call  ceive  a  tax  refund  is  to  file  electronically  and 
ers  who  don’t  have  professional  credentials.  If 833-690-0598.  The  Accessibility  Helpline  can      choose direct deposit, which securely and elec-
you choose to have someone prepare your tax           answer questions related to current and future        tronically transfers your refund directly into your 
return, choose that preparer wisely. A paid tax       accessibility products and services available in      financial account. Direct deposit also avoids the 
preparer is:                                          alternative media formats (for example, braille,      possibility that your check could be lost, stolen, 
   Primarily responsible for the overall sub-       large print, audio, etc.). The Accessibility Help-    destroyed, or returned undeliverable to the IRS. 
     stantive accuracy of your return,                line does not have access to your IRS account.        Eight  in  10  taxpayers  use  direct  deposit  to  re-
   Required to sign the return, and                 For help with tax law, refunds, or account-rela-      ceive their refunds. If you don’t have a bank ac-
   Required to include their preparer tax iden-     ted issues, go to IRS.gov/LetUsHelp                   count, go to IRS.gov/DirectDeposit for more in-
     tification number (PTIN).                                                                              formation  on  where  to  find  a  bank  or  credit 
 Although the tax preparer always signs the           Note.    Form 9000, Alternative Media Prefer-         union that can open an account online.
return, you're ultimately responsible for provid-     ence, or Form 9000(SP) allows you to elect to 
ing all the information required for the preparer     receive certain types of written correspondence       Getting  a  transcript  of  your  return.   The 
to accurately prepare your return. Anyone paid        in the following formats.                             quickest way to get a copy of your tax transcript 
to prepare tax returns for others should have a       Standard Print.                                     is to go to IRS.gov/Transcripts. Click on either 
thorough  understanding  of  tax  matters.  For       Large Print.                                        "Get  Transcript  Online"  or  "Get  Transcript  by 
more information on how to choose a tax pre-                                                                Mail"  to  order  a  free  copy  of  your  transcript.  If 
parer, go to Tips for Choosing a Tax Preparer         Braille.                                            you prefer, you can order your transcript by call-
on IRS.gov.                                           Audio (MP3).                                        ing 800-908-9946.
Coronavirus.  Go  to   IRS.gov/Coronavirus  for       Plain Text File (TXT).                              Reporting  and  resolving  your  tax-related 
links to information on the impact of the corona-     Braille Ready File (BRF).                           identity theft issues. 
virus, as well as tax relief available for individu-                                                        Tax-related identity theft happens when 
als  and  families,  small  and  large  businesses,   Disasters. Go  to Disaster  Assistance  and             someone steals your personal information 
and tax-exempt organizations.                         Emergency  Relief      for  Individuals  and            to commit tax fraud. Your taxes can be af-
                                                      Businesses to review the available disaster tax         fected if your SSN is used to file a fraudu-
Employers  can  register  to  use  Business           relief.                                                 lent return or to claim a refund or credit.
Services Online. The Social Security Adminis-                                                               The IRS doesn’t initiate contact with tax-
tration (SSA) offers online service at SSA.gov/       Getting  tax  forms  and  publications. Go  to          payers by email, text messages (including 
employer for fast, free, and secure online W-2        IRS.gov/Forms to view, download, or print all of        shortened links), telephone calls, or social 
filing  options  to  CPAs,  accountants,  enrolled    the  forms,  instructions,  and  publications  you      media channels to request or verify per-
agents, and individuals who process Form W-2,         may  need.  Or,  you  can  go  to   IRS.gov/            sonal or financial information. This in-
Wage  and  Tax  Statement,  and  Form  W-2c,          OrderForms to place an order.                           cludes requests for personal identification 
Corrected Wage and Tax Statement.                                                                             numbers (PINs), passwords, or similar in-
                                                      Getting tax publications and instructions in            formation for credit cards, banks, or other 
IRS social media. Go to IRS.gov/SocialMedia           eBook  format.    You  can  also  download  and         financial accounts.
to  see  the  various  social  media  tools  the  IRS view  popular  tax  publications  and  instructions   Go to IRS.gov/IdentityTheft, the IRS Iden-
uses  to  share  the  latest  information  on  tax    (including  the  Instructions  for  Form  1040)  on     tity Theft Central webpage, for information 
changes, scam alerts, initiatives, products, and      mobile devices as eBooks at IRS.gov/eBooks.             on identity theft and data security protec-
services.  At  the  IRS,  privacy  and  security  are Note.  IRS  eBooks  have  been  tested  using           tion for taxpayers, tax professionals, and 
our highest priority. We use these tools to share     Apple's  iBooks  for  iPad.  Our  eBooks  haven’t       businesses. If your SSN has been lost or 
public information with you. Don’t post your so-      been tested on other dedicated eBook readers,           stolen or you suspect you’re a victim of 
cial security number (SSN) or other confidential      and eBook functionality may not operate as in-          tax-related identity theft, you can learn 
information  on  social  media  sites.  Always  pro-  tended.                                                 what steps you should take.
tect  your  identity  when  using  any  social  net-                                                        Get an Identity Protection PIN (IP PIN). IP 
working site.                                         Access your online account (individual tax-             PINs are six-digit numbers assigned to tax-
 The  following  IRS  YouTube  channels  pro-         payers  only). Go  to  IRS.gov/Account  to  se-         payers to help prevent the misuse of their 
vide short, informative videos on various tax-re-     curely access information about your federal tax        SSNs on fraudulent federal income tax re-
lated topics in English, Spanish, and ASL.            account.                                                turns. When you have an IP PIN, it pre-
   Youtube.com/irsvideos.                           View the amount you owe and a break-                  vents someone else from filing a tax return 
   Youtube.com/irsvideosmultilingua.                  down by tax year.                                     with your SSN. To learn more, go to 
   Youtube.com/irsvideosASL.                        See payment plan details or apply for a               IRS.gov/IPPIN.
                                                        new payment plan.
Watching  IRS  videos. The  IRS  Video  portal        Make a payment or view 5 years of pay-              Ways to check on the status of your refund. 
(IRSVideos.gov) contains video and audio pre-           ment history and any pending or sched-              Go to IRS.gov/Refunds.
sentations  for  individuals,  small  businesses,       uled payments.                                      Download the official IRS2Go app to your 
and tax professionals.                                Access your tax records, including key                mobile device to check your refund status.
                                                        data from your most recent tax return, and          Call the automated refund hotline at 
Online  tax  information  in  other  languages.         transcripts.                                          800-829-1954.
You  can  find  information  on        IRS.gov/       View digital copies of select notices from          Note.  The  IRS  can’t  issue  refunds  before 
MyLanguage  if  English  isn’t  your  native  lan-      the IRS.                                            mid-February for returns that claimed the EIC or 
guage.                                                Approve or reject authorization requests            the additional child tax credit (ACTC). This ap-
                                                        from tax professionals.                             plies to the entire refund, not just the portion as-
Free Over-the-Phone Interpreter (OPI) Serv-           View your address on file or manage your            sociated with these credits.
ice. The IRS is committed to serving our multi-         communication preferences.
lingual customers by offering OPI services. The 
OPI Service is a federally funded program and 

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Making  a  tax  payment. Go  to      IRS.gov/        Understanding  an  IRS  notice  or  letter             What Can TAS Do For You?
Payments  for  information  on  how  to  make  a     you’ve  received.     Go  to IRS.gov/Notices  to 
payment using any of the following options.          find additional information about responding to        TAS  can  help  you  resolve  problems  that  you 
   IRS Direct Pay: Pay your individual tax bill    an IRS notice or letter.                               can’t resolve with the IRS. And their service is 
     or estimated tax payment directly from                                                                 free. If you qualify for their assistance, you will 
     your checking or savings account at no          Note.   You  can  use  Schedule  LEP  (Form            be assigned to one advocate who will work with 
     cost to you.                                    1040), Request for Change in Language Prefer-          you  throughout  the  process  and  will  do  every-
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     payment processor to pay online or by           letters,  or  other  written  communications  from     help you if:
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     ing tax return preparation software or          to LEP taxpayers is part of a multi-year timeline         immediate threat of adverse action; or
     through a tax professional.                     that is scheduled to begin providing translations       You’ve tried repeatedly to contact the IRS 
   Electronic Federal Tax Payment System:          in 2023. You will continue to receive communi-            but no one has responded, or the IRS 
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   Same-Day Wire: You may be able to do            tance  Center  (TAC).  Go  to IRS.gov/LetUsHelp        cate’s  number  is  in  your  local  directory  and  at 
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     tion. Contact your financial institution for    need help, IRS TACs provide tax help when a            can also call them at 877-777-4778.
     availability, cost, and cut-off times.          tax issue can’t be handled online or by phone. 
                                                     All TACs now provide service by appointment,           How Else Does TAS Help 
Note.  The  IRS  uses  the  latest  encryption       so you’ll know in advance that you can get the         Taxpayers?
technology  to  ensure  that  the  electronic  pay-  service  you  need  without  long  wait  times.  Be-
ments  you  make  online,  by  phone,  or  from  a   fore you visit, go to IRS.gov/TACLocator to find 
mobile  device  using  the  IRS2Go  app  are  safe   the nearest TAC and to check hours, available          TAS works to resolve large-scale problems that 
and secure. Paying electronically is quick, easy,    services,  and  appointment  options.  Or,  on  the    affect  many  taxpayers.  If  you  know  of  one  of 
and faster than mailing in a check or money or-      IRS2Go  app,  under  the  Stay  Connected  tab,        these broad issues, report it to them at IRS.gov/
der.                                                 choose the Contact Us option and click on “Lo-         SAMS.
What  if  I  can’t  pay  now? Go  to IRS.gov/        cal Offices.”
Payments for more information about your op-                                                                TAS for Tax Professionals
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   Apply for an online payment agreement           Service (TAS) Is Here To                               professionals,  including  tax  law  updates  and 
     (IRS.gov/OPA) to meet your tax obligation 
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     the online process, you will receive imme-                                                             your practice.
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     to see if you can settle your tax debt for      is  treated  fairly  and  that  you  know  and  under- Clinics (LITCs)
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                                                                                                            certain level and need to resolve tax problems 
                                                     How Can You Learn About Your                           with the IRS, such as audits, appeals, and tax 
Filing  an  amended  return.  Go  to IRS.gov/        Taxpayer Rights?                                       collection disputes. In addition, LITCs can pro-
Form1040X for information and updates.
                                                                                                            vide  information  about  taxpayer  rights  and  re-
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Checking  the  status  of  your  amended  re-        rights that all taxpayers have when dealing with       als who  speak English as a second language. 
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of Form 1040-X amended returns.                      help you understand what these rights mean to          eligible taxpayers. To find an LITC near you, go 
Note.  It  can  take  up  to  3  weeks  from  the    you and how they apply. These are your rights.         to TaxpayerAdvocate.IRS.gov/about-us/Low-
date  you  filed  your  amended  return  for  it  to Know them. Use them.                                   Income-Taxpayer-Clinics-LITC or see IRS Pub. 
show  up  in  our  system,  and  processing  it  can 
take up to 16 weeks.                                                                                        4134, Low Income Taxpayer Clinic List.

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Appendices

Appendices A-1 through A-5 show      leased a passenger automobile (in-                If any of these apply to you, use       leased the car. (See                 Leasing a Car 
the  lease  inclusion  amounts  that cluding  a  truck  and  van)  in  2018          the appendix for the year you first       in chapter 4.)
you may need to report if you first  through 2022 for 30 days or more.

Appendix A-1. Inclusion Amounts for Passenger Automobiles First Leased in 2018
        Fair Market Value                                                              Tax Year of Lease1
 Over         Not Over               1st                                           2nd 3rd                                     4th                                 5th and Later
  $50,000      $51,000                $1                                            $3                                      $5  $5                                   $6
  51,000       52,000                4                                             9                                       13  16                                   19
  52,000       53,000                7                                             15                                      22  27                                   31
  53,000       54,000                10                                            21                                      31  37                                   44
  54,000       55,000                12                                            27                                      40  48                                   56
  55,000       56,000                15                                            33                                      49  59                                   68
  56,000       57,000                18                                            39                                      58  69                                   81
  57,000       58,000                20                                            45                                      67  80                                   93
  58,000       59,000                23                                            51                                      76  91                                   105
  59,000       60,000                26                                            57                                      85  101                                  117
  60,000       62,000                30                                            66                                      98  118                                  135
  62,000       64,000                36                                            78  116                                     139                                  160
  64,000       66,000                41                                            90  134                                     160                                  185
  66,000       68,000                46                                            102 152                                     181                                  210
  68,000       70,000                52                                            114 169                                     203                                  235
  70,000       72,000                57                                            126 187                                     225                                  259
  72,000       74,000                63                                            138 205                                     246                                  284
  74,000       76,000                68                                            150 223                                     267                                  309
  76,000       78,000                74                                            162 241                                     288                                  333
  78,000       80,000                79                                            174 259                                     310                                  357
  80,000       85,000                89                                            195 290                                     347                                  401
  85,000       90,000                102                                           225 335                                     400                                  463
  90,000       95,000                116                                           255 379                                     454                                  525
  95,000       100,0002              130                                           285 423                                     508                                  586

1 For the last tax year of the lease, use the dollar amount for the preceding year.
2 If the fair market value of the vehicle is more than $100,000, see Rev. Proc. 2018-25 (2018-18 I.R.B. 543), available at IRS.gov/irb/2018-18_IRB#REV-PROC-2018-25.

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Appendix A-2. Inclusion Amounts for Passenger Automobiles First Leased in 2019
      Fair Market Value                                                                 Tax Year of Lease1
 Over                  Not Over  1st                                               2nd  3rd                                    4th                                 5th and Later
  $50,000               $51,000   $0                                                $1                                      $1  $3                                    $3
  51,000                52,000    4                                                 11   15                                     20                                    23
  52,000                53,000    9                                                 20   30                                     36                                    43
  53,000                54,000    13                                                30   44                                     53                                    63
  54,000                55,000    17                                                40   58                                     70                                    83
  55,000                56,000    22                                                49   72                                     88                                    102
  56,000                57,000    26                                                59   86                                     105                                   122
  57,000                58,000    31                                                68   101                                    122                                   142
  58,000                59,000    35                                                78   115                                    139                                   161
  59,000                60,000    39                                                88   129                                    156                                   181
  60,000                62,000    46                                                102  151                                    181                                   211
  62,000                64,000    55                                                121  179                                    216                                   250
  64,000                66,000    63                                                140  208                                    251                                   289
  66,000                68,000    72                                                160  236                                    284                                   329
  68,000                70,000    81                                                179  265                                    318                                   369
  70,000                72,000    90                                                198  293                                    353                                   408
  72,000                74,000    98                                                217  322                                    387                                   448
  74,000                76,000    107                                               236  351                                    421                                   487
  76,000                78,000    116                                               255  379                                    456                                   526
  78,000                80,000    125                                               275  407                                    489                                   567
  80,000                85,000    140                                               308  458                                    549                                   635
  85,000                90,000    162                                               356  529                                    635                                   734
  90,000                95,000    184                                               404  600                                    720                                   833
  95,000                100,0002  206                                               452  671                                    806                                   931

1 For the last tax year of the lease, use the dollar amount for the preceding year.
2 If the fair market value of the vehicle is more than $100,000, see Rev. Proc. 2019-26 (2019-24 I.R.B. 1323), available at IRS.gov/irb/2019-24_IRB#REV-PROC-2019-26.

Appendix A-3. Inclusion Amounts for Passenger Automobiles First Leased in 2020
      Fair Market Value                                                                 Tax Year of Lease1
 Over                  Not Over  1st                                               2nd  3rd                                    4th                                 5th and Later
  $50,000               $51,000   $0                                                $1                                      $0  $2                                    $2
 51,000                52,000    2                                                 6                                       9   10                                    13
 52,000                53,000    5                                                 11                                      17  20                                    24
 53,000                54,000    7                                                 17                                      24  30                                    35
 54,000                55,000    10                                                22                                      32  39                                    46
 55,000                56,000    12                                                27                                      41  48                                    57
 56,000                57,000    15                                                32                                      49  58                                    68
 57,000                58,000    17                                                38                                      56  68                                    79
 58,000                59,000    19                                                44                                      64  77                                    90
 59,000                60,000    22                                                49                                      72  87                                    100
 60,000                62,000    26                                                56                                      84  102                                   117
 62,000                64,000    30                                                68                                      99  121                                   139
 64,000                66,000    35                                                78   116                                    139                                   161
 66,000                68,000    40                                                89   131                                    159                                   183
 68,000                70,000    45                                                99   148                                    177                                   205
 70,000                72,000    50                                                110  163                                    197                                   227
 72,000                74,000    55                                                121  179                                    215                                   249
 74,000                76,000    60                                                131  195                                    235                                   271
 76,000                78,000    64                                                142  211                                    254                                   293
 78,000                80,000    69                                                153  227                                    272                                   315
 80,000                85,000    78                                                172  254                                    306                                   353
 85,000                90,000    90                                                198  295                                    353                                   408
 90,000                95,000    102                                               225  334                                    401                                   463
 95,000                100,0002  114                                               252  373                                    449                                   518

1 For the last tax year of the lease, use the dollar amount for the preceding year.
2 If the fair market value of the vehicle is more than $100,000, see Rev. Proc. 2020-37 (2020-33 I.R.B. 381), available at IRS.gov/irb/2020-33_IRB#REV-PROC-2020-37.

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Appendix A-4. Inclusion Amounts for Passenger Automobiles First Leased in 2021
        Fair Market Value                                                                              Tax Year of Lease1
  Over               Not Over        1st                                               2nd             3rd                             4th                          5th and Later
   $51,000                 $52,000    $0                                                $0                                   $1         $0                            $1
  52,000                  53,000     1                                                 1                                    1           2                            2
  53,000                  54,000     1                                                 2                                    2           3                            4
  54,000                  55,000     1                                                 3                                    3           5                            5
  55,000                  56,000     2                                                 3                                    5           6                            6
  56,000                  57,000     2                                                 4                                    6           7                            8
  57,000                  58,000     2                                                 5                                    7           8                            10
  58,000                  59,000     3                                                 5                                    8          10                            11
  59,000                  60,000     3                                                 6                                    9          11                            13
  60,000                  62,000     3                                                 7                                    11         13                            15
  62,000                  64,000     4                                                 9                                    13         15                            18
  64,000                  66,000     5                                                 10                                   15         18                            21
  66,000                  68,000     5                                                 12                                   17         21                            24
  68,000                  70,000     6                                                 13                                   20         23                            27
  70,000                  72,000     7                                                 14                                   22         26                            30
  72,000                  74,000     7                                                 16                                   24         29                            33
  74,000                  76,000     8                                                 18                                   26         31                            36
  76,000                  78,000     9                                                 19                                   28         34                            39
  78,000                  80,000     9                                                 21                                   30         37                            42
  80,000                  85,000     11                                                23                                   34         41                            48
  85,000                  90,000     12                                                27                                   40         47                            55
  90,000                  95,000     14                                                30                                   45         55                            62
  95,000                  100,0002   16                                                34                                   50         61                            70

 1 For the last tax year of the lease, use the dollar amount for the preceding year.
 2 If the fair market value of the vehicle is more than $100,000, see Rev. Proc. 2021-31 (2021-34 I.R.B. 324), available at IRS.gov/irb/2021-34_IRB#REV-PROC-2021-31.

Appendix A-5. Inclusion Amounts for Passenger Automobiles First Leased in 2022
        Fair Market Value                                                                              Tax Year of Lease1
  Over               Not Over        1st                                               2nd             3rd                             4th                          5th and Later
   $56,000                 $57,000    $1                                                $1                                   $1         $2                            $2
  57,000                  58,000     2                                                 4                                    5           7                            7
  58,000                  59,000     3                                                 7                                    9          11                            13
  59,000                  60,000     4                                                 9                                    14         16                            19
  60,000                  62,000     6                                                 13                                   20         23                            28
  62,000                  64,000     9                                                 19                                   27         34                            38
  64,000                  66,000     11                                                24                                   36         43                            50
  66,000                  68,000     14                                                30                                   43         53                            61
  68,000                  70,000     16                                                35                                   52         63                            72
  70,000                  72,000     19                                                40                                   61         72                            83
  72,000                  74,000     21                                                46                                   68         82                            95
  74,000                  76,000     24                                                51                                   77         91                            106
  76,000                  78,000     26                                                57                                   85         101                           117
  78,000                  80,000     29                                                62                                   93         111                           128
  80,000                  85,000     33                                                72              107                             128                           148
  85,000                  90,000     39                                                86              127                             152                           176
  90,000                  95,000     45                                                100             147                             177                           204
  95,000                  100,0002   52                                                113             167                             201                           233

 1 For the last tax year of the lease, use the dollar amount for the preceding year.
 2 If the fair market value of the vehicle is more than $100,000, see Rev. Proc. 2022-17, available at IRS.gov/pub/irs-drop/rp-22-17.pdf.

                   To help us develop a more useful index, please let us know if you have ideas for index entries.
Index              See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.
 
                                                                                         Adequate accounting                     29      Expenses 12
"Hours of service" limits 12       A                                                       Independent contractors                  32   Signs, display racks, or other 
  Form 2106 34                                                                           Adequate records                     24           promotional material to be 
50% limit on meals 5               Accountable plans 29 32-                                                                                used on recipient's business 
                                   Accounting to employer                           29   Advertising:
                                                                                           Car display 14                                  premises 13

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Airline clubs 10                   Disabled employees:                 Interest on car loans  15
Allocating costs  5 26,              Impairment-related work           Itinerants 3                            R
Allowance                                expenses  35
                                                                                                               Recordkeeping 
  (See Reimbursements)             Documentary evidence   25           L                                        requirements   24 28-
Armed forces:                                                                                                   Adequate records   24
  Assigned overseas    3           E                                   Leasing a car, truck, or van    22, 
                                                                         23                                     Daily business mileage and 
Assistance (See Tax help)          Employer-provided vehicles       15 Luxury water travel  9                     expense log (Table 6-2)   26
Athletic clubs 10                    Reporting requirements      28                                             Destroyed records  25
                                   Entertainment expenses        13    M                                        How to prove expenses 
                                                                                                                  (Table 5-1) 26
B                                    50% limit:                        MACRS (Modified Accelerated              Incomplete records  25
Basis of car 17                          Determination of                Cost Recovery System)         19       Reimbursed expenses    26
(See also Depreciation of car)              applicability (Figure        2022 chart (Table 4-1)   22            Sampling to prove 
Bona fide business purpose     5            A)  11
Business travel   6                  Entertainment, defined      10    Main place of business or                  expenses   25
                                                                         work    3                              Separating and combining 
  Outside U.S.    7                  Form 2106    34                   Married taxpayers:                         expenses   25 26, 
Business use of car   15           Estimates of expenses  24             Performing artists 35                  Three-year period of 
  More-than-50%-use test.    18    Exceptions to the 50% Limit      12 Meal expenses   5                          retention  26
  Qualified business use    18     Excess reimbursements                 50% limit  11                          Weekly travel expense and 
                                     (See Reimbursements)
                                                                            Determination of                      entertainment record 
C                                                                                applicability (Figure            (Table 6-3) 27
                                   F
Canceled checks:                                                                 A) 11                         Regular federal method:
  As evidence of business          Fair market value of car      23         Exceptions  12                      Introduction 33
   expenses       25               Farmers:                              Actual cost method   5                 Transition rules 33
Car expenses   14 23-                Form 1040, Schedule F       28      Form 2106   34                        Reimbursements    29 33-
  Actual expenses    15            Federal crime investigations or       Major cities with higher               Accountable plans  29
  Allowances for   30 32-            prosecutions:                          allowances  6                       Excess   32
  Business and personal use    15    Federal employees engaged           Standard meal allowance       5 6,  ,  Form 2106   34
  Combining expenses      25             in 4                               30                                  Nonaccountable plans   32
  Disposition of car 23            Federal rate for per diem     6 30, Meals and Entertainment                  Nondeductible expenses   29
  Fixed and variable rate (FAVR)   Fee-basis officials 35                expenses    10
   allowance      30               Fees you pay   14                   Mileage rate (See Standard               Personal expenses  28
  Form 2106   33                   Fixed and variable rate (FAVR)        mileage rate)                          Recordkeeping    26
  Leasing a car, truck, or van 22,   allowance    30                   Military (See Armed forces)              Reporting (Table 6-1)  31
   23                              Form 1040, Schedule C         28    Missing children, photographs            Unclaimed   28
  Mileage rate (See Standard       Form 1040, Schedule F  28             of 2                                  Reporting requirements   28
   mileage rate)                   Form 2106    17 28 32 33, , ,       Modified Accelerated Cost                Per diem or car allowance 30
                                                                         Recovery System                        Reimbursements    29 33-
  Taxes paid on car   15           Form 4562    28                       (MACRS)     19                        Reservists:
  Traffic tickets 15               Form 4797    21                       2022 chart (Table 4-1)   22            Transportation expenses  14
Car pools 14                       Form W-2:                                                                    Traveling more than 100 miles 
Car rentals 23                       Employer-provided vehicles     28 N                                          from home   34
  Form 2106   34                     Reimbursement of personal                                                 Returning excess 
Car, defined  16                         expenses  28                  Nonaccountable plans     32              reimbursements     32
Car, truck, or van rentals  22 23,   Statutory employees  28
Casualty and theft losses:                                             O                                       S
  Cars 15                          G                                   Office in the home   14                 Section 179 deduction:
   Depreciation     24             Gifts 10 13,                        Officials paid on fee basis  34          Amended return   17
Club dues 10                         $25 limit  13                     Overseas travel:                         Deduction  16
Commuting expenses        14         Combining for recordkeeping         Conventions   9                        Limits 16
Conventions   9                          purposes  26                    Meal allowance   6                    Self-employed persons   12
Country clubs  10                    Reporting requirements      28      Part of trip outside U.S. 7            Reporting requirements  28
Cruise ships  9                    Golf clubs  10                                                              Spouse, expenses for  5
                                                                       P                                       Standard meal allowance   5 6,  , 
D                                  H                                   Parking fees  14 15,                     30
Daily business mileage and         Hauling tools  14                   Per diem allowances    30 32-           Standard mileage rate 2 14 30, , 
  expense log (Table 6-2)     26   High-low method:                      Defined   29                           Depreciation adjustment for 
Depreciation of car   16             Introduction  33                    Federal rate for 30                      using   24
(See also Section 179                Transition rules 33               Per diem rates:                          Form 2106   33
   deductions)                     High-low rate method   30             High-cost localities 33               Statutory employees  28
  Adjustment for using standard    Home office  14                       High-low method    33
   mileage rate     24                                                                                         T
  Basis 17                         Hotel clubs  10                       Regular federal method    33
   Sales taxes     15                                                    Standard rate for unlisted            Tables and figures 26
   Unrecovered basis       21      I                                        localities 33                       50% limit determination (Figure 
                                                                         Transition rules 33                      A)   11
  Casualty or theft, effect 24     Identity theft 36                   Performing artists 35                    Maximum depreciation 
  Deduction   16 24,               Impairment-related work             Personal property taxes     15             deduction for cars placed in 
  Excess depreciation   21           expenses     35                                                              service prior to 2018 
  Modified Accelerated Cost        Incidental expenses:                Personal trips  7
   Recovery System                   Defined   6                         Outside U.S.  8                          table   20
   (MACRS)        19                 Gifts  13                         Placed in service, cars  17              Maximum depreciation 
                                                                                                                  deduction for Passenger 
  Trade-in, effect  18 24,           No meals, incidentals only     6  Probationary work period     4             Automobiles (Including 
  Trucks and vans    20            Income-producing property        28 Proving business purpose        25         Trucks and Vans) acquired 
Depreciation of Car:               Incomplete records  25              Public transportation:                     after September 27, 2017, 
  Section 179 deduction    20      Indefinite job assignment     4       Outside of U.S. travel 7                 and placed in service during 
                                   Independent contractors       32    Publications (See Tax help)                2018 or later  20

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Tables and figures (Cont.)
Maximum depreciation           Tax help 35                    Form 2106  34                Transportation workers' 
deduction for Passenger        Tax home, determination of 3  Transportation workers 6 12,  expenses    6
Automobiles (Including         Temporary job assignments  4  Travel advance 29 32,        Two places of work 14
Trucks and Vans) acquired      Temporary work location    13 (See also Reimbursements)
before September 28, 2017,                                   Travel expenses 3 10-        U
and placed in service during   Tickets:
2018–2022   20                 Traffic violations 15          Another individual          Unclaimed reimbursements         28
Modified Accelerated Cost      Tools:                         accompanying taxpayer    5
Recovery System (MACRS)        Hauling tools   14             Away from home   3 4,       Unions:
2022 chart (Table 4-1)    22   Trade-in of car 18 24,         Deductible 4 10,             Trips from union hall to place of 
                                                                                           work  14
Proving expenses               Traffic tickets 15             Summary of (Table 1-1)   5  Unrecovered basis of car       21
(Table 5-1) 26                 Transients 3                   Defined  3
Reporting reimbursements       Transition rules 33            Going home on days off  4
(Table 6-1) 31                                                In U.S.  6                  V
Transportation expenses,       Example:
determination of deductibility      High-low method    33     Lodging  6                  Volunteers 2
(Figure B) 13                  High-low method    33          Luxury water travel 9
Travel expenses, determination Regular federal method  33     Outside U.S. 7              W
of deductibility (Table 1-1) 5 Transportation expenses    13  Travel to family home 4     Weekly travel expense and 
Weekly travel expense and      Car expenses     14 23-       Trucks and vans:              entertainment record 
entertainment record           Deductible (Figure B)   13     Depreciation 20              (Table 6-3) 27
(Table 6-3) 27                 five or more cars  15          Transportation workers 12

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