Another paramount reason,
ATTORNEY-CLIENT PRIVILEGE
to select Spiegel & Utrera, P.A.
Spiegel & Utrera, P.A. is a fully licensed law firm that delivers professional legal services at extremely affordable prices.

BUSINESS TAX DEDUCTIONS
 

According to Judge Learned Hand, [a]ny one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one's taxes. Gregory v. Helvering, 69 F.2d 809 (2nd Cir., 1934). Furthermore, the Supreme Court stated that [t]he legal right of a taxpayer to decrease the amount of what otherwise would be his taxes, or altogether avoid them, by means which the law permits, cannot be doubted. Gregory v. Helvering, 293 U.S. 465 (1935).

Entrepreneurs will want to attribute as much of their expenses as possible to reasonable and necessary business expenses. Why pay more taxes than necessary? Many taxpayers overlook legitimate deductions for business expenses. To the extent possible, entrepreneurs will want to ensure to deduct the following business expenses:

  • Vehicle expenses are deductible if they are attributable to a business use. An individual taxpayer cannot claim a corporate expense, it is an expense of the corporation. Automobile lease payments are deductible if they are ordinary and necessary expenses of a trade or business directly attributable to the operation of a trade or business.

  • Travel expenses are deductible to the extent they are reasonable and necessary expenses incurred in the conduct of a trade or business directly attributable to the trade or business. Townsend Industries, Inc. v. U.S., 342 F.3d 890 (8th Cir. 2003). Thus, a corporation could hold an annual meeting for its shareholders and directors in a distant city.

  • Start-up and organizational costs, at the taxpayer's election, may be treated as deferred expenses and allowed as deductions prorated equally over a period of not less than 60 months, beginning with the month in which the active trade or business, corporation, or partnership begins.

  • Certain types of entertainment expenses may be deducted, such as food and beverages provided for employees on the business premises, recreational expenses for employees, expenses of certain business meetings, and items sold or made available to the public.

  • Attorneys' fees, court costs, and other legal and accounting expenses may qualify as ordinary and necessary trade or business expenses.

  • Rent for the use of property to which the corporation has no title and in which the corporation has no equity can be deducted as a trade or business expense if the rent is paid in connection with the corporation's trade or business, is ordinary and necessary, and is paid or incurred during the taxable year. If the property on which the rent is paid is used for both business and personal purposes, only the portion allocable to business use is deductible. If the corporation leases office space at the residence of an officer or director, for the rent to be deductible the office space must be exclusively used for business purposes on a regular basis and be the principal place of business of the corporation.

  • Expenditures for incidental repairs, maintenance, replacement, and improvements may be deducted as ordinary and necessary business expenses.

  • The cost of materials and supplies used in a corporation's trade or business generally is a deductible business expense.

  • Interest and other borrowing charges incurred in the course of a trade or business are deductible.

  • In general, state local and sales taxes that are ordinary and necessary corporation expenses paid or incurred in carrying on the trade or business are deductible.

  • Salaries and other compensation for personal services actually rendered may be deducted as an ordinary and necessary trade or business expense. To be deductible, compensation payments must be reasonable and must be actually paid as compensation (rather than as dividends).

  • The cost of insurance may be deducted as a business expense if the insurance is connected with the corporation's trade, business, or profession

  • Advertising costs related to a corporations business generally are deductible as an ordinary and necessary business expense.

  • A rebate of a portion of the purchase price to a customer generally is deductible as a business expense.

  • Payments to charitable organizations that bear a direct relationship to the corporation's business and that are made with the reasonable expectation of a financial return commensurate with the amount of the donation may be deductible as business expenses. For example, a retail store might set aside a percentage of its sales for donation to local charities as part of a promotional campaign and thus be entitled to a business deduction for the donations.

Midas Muffler warrants its muffler for as long as the purchaser owns the vehicle on which the muffler has been installed. If the muffler fails to perform properly during the warranty period, Midas will install a new, warranted muffler on the vehicle, and the muffler owner will not be charged for the muffler, only for the labor required to install. You may be interested to know Midas Inc. (the muffler company) recorded $38.5 million in charges to reflect its estimated liability associated with outstanding warranties in the U.S. and Canada. On a going forward basis, Midas will accrue for the expected future cost of warranty redemptions at the time of the original installation of the warranted part. See Midas Inc.s 10-K here. What does this mean? Midas is claiming such warranty reserves as a business deduction! Other entrepreneurs are bound to take note and offer long-term warranties for their products and claim a business deduction.

<< List of Seven Powerful Reasons

<< Overall Discussion of Seven Powerful Reasons to Incorporate or Organize an LLC


SPIEGEL & UTRERA, P.A. is your one source for business legal services.

Would you rather speak to a lawyer? A Spiegel & Utrera, P.A. associate is ready to take your call.

Spiegel & Utrera, P.A.
MiamiTampaFort Lauderdale
1840 Coral Way
4th Floor
Miami, FL 33145
Toll Free: (800) 603 - 3900
(305) 854-6000
Fax: (305) 857-3700
Natalia Utrera, Esq.,
Managing Attorney
3623 West Kennedy Blvd.
Tampa, FL 33609
Toll Free: (800) 658-5900
(813) 871-5400
Fax: (813) 870-2500
William M Homsi, Esq.,
Managing Attorney
3526 North Federal Highway
Ft. Lauderdale, FL 33308
Toll Free: (800) 465-8500
(954) 630-9800
Fax: (954) 561-7900
Natalia Utrera, Esq.,
Interim Managing Attorney
OrlandoNew York CityLong Island
707 East Colonial Drive
Suite B
Orlando, Florida 32803
Toll Free: (888) 991-9700
(407) 898-5500
Fax: (407) 894-5700
William M. Homsi, Esq.,
Managing Attorney
1 Maiden Lane
5th Floor
New York, NY 10038
Toll Free: (800) 576-1100
(212) 962-1000
Fax: (212) 964-5600
Daniel S. Finnegan, Esq.
Managing Attorney
55 Jericho Turnpike
Suite 202
Jericho, NY 11753
Toll Free: (888) 797-6200
(516) 338-9100
Fax: (516) 338-9200
Daniel S. Finnegan, Esq.
Interim Managing Attorney
DelawareChicagoClifton, NJ
9 East Loockerman Street
Suite 3A
Dover, DE 19901
Toll Free: (888) 641-3800
(302) 744-9800
Fax: (302) 674-2100
Courtney Riordan, Esq.
Managing Attorney
123 West Madison Street
Suite 806
Chicago, IL 60602-4620
Toll Free: (888) 514-9800
(312) 443-1500
Fax: (312) 443-8900
Melody Ashby, Esq.
Managing Attorney
642 Broad St., Suite 2
Clifton, NJ 07013
Toll Free: (888) 336-8400
(973) 473-2000
Fax: (973) 778-2900
Michael L. Simon, Esq.
Managing Attorney
Los AngelesLas VegasAtlanta
4727 Wilshire Blvd.
Suite 601
Los Angeles, CA 90010
Toll Free: (888) 520-7800
(323) 936-3400
Fax: (323) 939-5600
Rahulan Kathir, Esq.,
Managing Attorney
1785 E Sahara Ave
Suite 490
Las Vegas, NV 89104
Toll Free: (888) 530 4500
(702) 364 2200
Fax: (702) 458 2100
Michael R. Carrigan, Esq.,
Managing Attorney
34 Peachtree Street NW
 Suite 1925
Atlanta, GA 30303
 
Phone:  404-329-1200
Fax: 404-329-4800
Tamara L. Klopenstein, Esq.
Managing Attorney
   
United KingdomGeneral Counsel Club® 
Spiegel & Utrera, Ltd.
"Your Gateway to Europe"

11 Murray Street, London NW19RE
Telephone: 011 44 207 284 3700
Fax: 011 44 207 284 3533
Toll Free: 0 800 917 1200
USA, Canada and Mexico
Toll Free: 1-800-546-5070
Fax: 0 800 169 2300
Russell D. Williams, Esq.
solicitorwilliams@spiegelutrera.co.uk
Managing Solicitor
www.spiegelutrera.co.uk
Unlimited Legal & Business Advice
JOIN TODAY!
Toll Free: 1 (800) 734 - 9900
         Fax: 1 (800) 520 - 7800
ClubAssist@AmeriLawyer.com
Natalia Utrera, Esq.,
Managing Attorney
Back To Top

Material presented on AmeriLawyer.com is intended for information purposes only. It is not intended as professional advice and should not be construed as such. The U.S. Treasury Department requires us to inform you than any information obtained from this website is not intended or written by our law firm to be used, and cannot be used by any taxpayer, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Advice from our firm relating to Federal tax matters may not be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer.

Copyright ©MMI, ©MMIV, ©MMV, ©MMIX Spiegel & Utrera, P. A.
All Rights Reserved
View this site in Français  Español  Italiano  Deutsch  German  Português
Spiegel & Utrera, P.A. and Amerilawyer.com
Privacy Policy
Internal Revenue Service
Circular 230 Policy
Spiegel & Utrera, P.A. and Amerilawyer.com
Service Terms & Cancellation Policy