27.   Tax Benefits for Work-Related Education

Table of Contents

    * What's New
    * Reminder
    * Introduction
    * Useful Items - You may want to see:
    * Qualifying Work- Related Education
          o Education Required by Employer or by Law
          o Education To Maintain or Improve Skills
          o Education To Meet Minimum Requirements
          o Education That Qualifies You for a New Trade or Business
    * What Expenses Can Be Deducted
          o Unclaimed reimbursement.
          o Transportation Expenses
          o Travel Expenses
          o No Double Benefit Allowed
    * Reimbursements
    * Deducting Business Expenses
          o Self-Employed Persons
          o Employees
          o Performing Artists and Fee-Basis Officials
          o Impairment-Related Work Expenses
    * Recordkeeping

What's New

Standard mileage rate. Generally, if you claim a business deduction for
work-related education and you drive your car to and from school, the
amount you can deduct for miles driven from January 1, 2005, through August
31, 2005, is 40½ cents a mile. You can deduct 48½ cents a mile for miles
driven from September 1, 2005, through December 31, 2005. This is up from
37½ cents a mile in 2004. See Transportation Expenses under What Expenses
Can Be Deducted, for more information.
Reminder

Limit on itemized deductions. If your adjusted gross income for 2005 is
more than $145,950 ($72,975 if you are married filing separately), your
itemized deductions may be limited. See chapter 29 for more information
about this limit.
Introduction

This chapter discusses work-related education expenses that you may be able
to deduct as business expenses.

To claim such a deduction, you must:

   1.

      Be working,
   2.

      Itemize your deductions on Schedule A (Form 1040) if you are an employee,
   3.

      File Schedule C (Form 1040) or Schedule F (Form 1040) if you are
self-employed, and
   4.

      Have expenses for education that meet the requirements discussed
under Qualifying Work-Related Education.

If you are an employee and able to itemize your deductions, you may be able
to claim a deduction for the expenses you pay for your work-related
education. Your deduction will be the amount by which your qualifying
work-related education expenses plus other job and certain miscellaneous
expenses is greater than 2% of your adjusted gross income. See chapter 28.

If you are self-employed, you deduct your expenses for qualifying
work-related education directly from your self-employment income.

Your work-related education expenses may also qualify you for other tax
benefits, such as the tuition and fees deduction (see chapter 19) and the
Hope and lifetime learning credits (see chapter 35). You may qualify for
these other benefits even if you do not meet the requirements listed earlier.

Also, keep in mind that your work-related education expenses may qualify
you to claim more than one tax benefit. Generally, you may claim any number
of benefits as long as you use different expenses to figure each one.

Tip
When you figure your taxes, you may want to compare these tax benefits so
you can choose the method(s) that give you the lowest tax liability. First,
figure your taxes using the expenses as business deductions. Then, figure
your taxes again using any of the other deductions and credits for which
you qualify. You may find that a combination of credit(s) and deduction(s)
gives you the lowest tax.
Useful Items - You may want to see:

Publication

    *

      463 Travel, Entertainment, Gift, and Car Expenses
    *

      970 Tax Benefits for Education

Form (and Instructions)

    *

      2106
      Employee Business Expenses
    *

      2106-EZ
      Unreimbursed Employee Business Expenses
    *

      Schedule A (Form 1040)
      Itemized Deductions

Qualifying Work- Related Education

You can deduct the costs of qualifying work- related education as business
expenses. This is education that meets at least one of the following two tests.

   1.

      The education is required by your employer or the law to keep your
present salary, status, or job. The required education must serve a bona
fide business purpose of your employer.
   2.

      The education maintains or improves skills needed in your present work.

However, even if the education meets one or both of the above tests, it is
not qualifying work-related education if it:

   1.

      Is needed to meet the minimum educational requirements of your
present trade or business, or
   2.

      Is part of a program of study that will qualify you for a new trade
or business.

You can deduct the costs of qualifying work-related education as a business
expense even if the education could lead to a degree.

Use Figure 27-A, later, as a quick check to see if your education qualifies.
Education Required by Employer or by Law

Once you have met the minimum educational requirements for your job, your
employer or the law may require you to get more education. This additional
education is qualifying work-related education if all three of the
following requirements are met.

   1.

      It is required for you to keep your present salary, status, or job,
   2.

      The requirement serves a business purpose of your employer, and
   3.

      The education is not part of a program that will qualify you for a
new trade or business.

When you get more education than your employer or the law requires, the
additional education can be qualifying work-related education only if it
maintains or improves skills required in your present work. See Education
To Maintain or Improve Skills.

Example.

You are a teacher who has satisfied the minimum requirements for teaching.
Your employer requires you to take an additional college course each year
to keep your teaching job. If the courses will not qualify you for a new
trade or business, they are qualifying work-related education even if you
eventually receive a master's degree and an increase in salary because of
this extra education.
Education To Maintain or Improve Skills

If your education is not required by your employer or the law, it can be
qualifying work- related education only if it maintains or improves skills
needed in your present work. This could include refresher courses, courses
on current developments, and academic or vocational courses.

Example.

You repair televisions, radios, and stereo systems for XYZ Store. To keep
up with the latest changes, you take special courses in radio and stereo
service. These courses maintain and improve skills required in your work.
Maintaining skills vs. qualifying for new job.   Education to maintain or
improve skills needed in your present work is not qualifying education if
it will also qualify you for a new trade or business.

Temporary absence.   If you stop working for a year or less in order to get
education to maintain or improve skills needed in your present work and
then return to the same general type of work, your absence is considered
temporary. Education that you get during a temporary absence is qualifying
work-related education if it maintains or improves skills needed in your
present work.

Example.

You quit your biology research job to become a full-time biology graduate
student for one year. If you return to work in biology research after
completing the courses, the education is related to your present work even
if you do not go back to work with the same employer.
Indefinite absence.   If you stop work for more than a year, your absence
from your job is considered indefinite. Education during an indefinite
absence, even if it maintains or improves skills needed in the work from
which you are absent, is considered to qualify you for a new trade or
business. Therefore, it is not qualifying work-related education.

Education To Meet Minimum Requirements

Education you need to meet the minimum educational requirements for your
present trade or business is not qualifying work-related education. The
minimum educational requirements are determined by:

   1.

      Laws and regulations,
   2.

      Standards of your profession, trade, or business, and
   3.

      Your employer.

Once you have met the minimum educational requirements that were in effect
when you were hired, you do not have to meet any new minimum educational
requirements. This means that if the minimum requirements change after you
were hired, any education you need to meet the new requirements can be
qualifying education.

Caution
You have not necessarily met the minimum educational requirements of your
trade or business simply because you are already doing the work.

Example 1.

You are a full-time engineering student. Although you have not received
your degree or certification, you work part time as an engineer for a firm
that will employ you as a full-time engineer after you finish college.
Although your college engineering courses improve your skills in your
present job, they are also needed to meet the minimum job requirements for
a full-time engineer. The education is not qualifying work-related education.

Example 2.

You are an accountant and you have met the minimum educational requirements
of your employer. Your employer later changes the minimum educational
requirements and requires you to take college courses to keep your job.
These additional courses can be qualifying work-related education because
you have already satisfied the minimum requirements that were in effect
when you were hired.
Requirements for Teachers

States or school districts usually set the minimum educational requirements
for teachers. The requirement is the college degree or the minimum number
of college hours usually required of a person hired for that position.

If there are no requirements, you will have met the minimum educational
requirements when you become a faculty member. You generally will be
considered a faculty member when one or more of the following occurs.

   1.

      You have tenure.
   2.

      Your years of service count toward obtaining tenure.
   3.

      You have a vote in faculty decisions.
   4.

      Your school makes contributions for you to a retirement plan other
than social security or a similar program.

Example 1.

The law in your state requires beginning secondary school teachers to have
a bachelor's degree, including 10 professional education courses. In
addition, to keep the job, a teacher must complete a fifth year of training
within 10 years from the date of hire. If the employing school certifies to
the state Department of Education that qualified teachers cannot be found,
the school can hire persons with only 3 years of college. However, to keep
their jobs, these teachers must get a bachelor's degree and the required
professional education courses within 3 years.

Under these facts, the bachelor's degree, whether or not it includes the 10
professional education courses, is considered the minimum educational
requirement for qualification as a teacher in your state.

If you have all the required education except the fifth year, you have met
the minimum educational requirements. The fifth year of training is
qualifying work-related education unless it is part of a program of study
that will qualify you for a new trade or business.

Figure 27-A. Does Your Work-Related Education Qualify?'
Please click here for the text description of the image.

Figure 27-A. Does Your Work-Related Education Qualify?'

Example 2.

Assume the same facts as in Example 1 except that you have a bachelor's
degree and only six professional education courses. The additional four
education courses can be qualifying work-related education. Although you do
not have all the required courses, you have already met the minimum
educational requirements.

Example 3.

Assume the same facts as in Example 1 except that you are hired with only 3
years of college. The courses you take that lead to a bachelor's degree
(including those in education) are not qualifying work-related education.
They are needed to meet the minimum educational requirements for employment
as a teacher.

Example 4.

You have a bachelor's degree and you work as a temporary instructor at a
university. At the same time, you take graduate courses toward an advanced
degree. The rules of the university state that you can become a faculty
member only if you get a graduate degree. Also, you can keep your job as an
instructor only as long as you show satisfactory progress toward getting
this degree. You have not met the minimum educational requirements to
qualify you as a faculty member. The graduate courses are not qualifying
work-related education.
Certification in a new state.   Once you have met the minimum educational
requirements for teachers for your state, you are considered to have met
the minimum educational requirements in all states. This is true even if
you must get additional education to be certified in another state. Any
additional education you need is qualifying work-related education. You
have already met the minimum requirements for teaching. Teaching in another
state is not a new trade or business.

Example.

You hold a permanent teaching certificate in State A and are employed as a
teacher in that state for several years. You move to State B and are
promptly hired as a teacher. You are required, however, to complete certain
prescribed courses to get a permanent teaching certificate in State B.
These additional courses are qualifying work-related education because the
teaching position in State B involves the same general kind of work for
which you were qualified in State A.
Education That Qualifies You for a New Trade or Business

Education that is part of a program of study that will qualify you for a
new trade or business is not qualifying work-related education. This is
true even if you do not plan to enter that trade or business.

If you are an employee, a change of duties that involves the same general
kind of work is not a new trade or business.

Example 1.

You are an accountant. Your employer requires you to get a law degree at
your own expense. You register at a law school for the regular curriculum
that leads to a law degree. Even if you do not intend to become a lawyer,
the education is not qualifying because the law degree will qualify you for
a new trade or business.

Example 2.

You are a general practitioner of medicine. You take a 2-week course to
review developments in several specialized fields of medicine. The course
does not qualify you for a new profession. It is qualifying work-related
education because it maintains or improves skills required in your present
profession.

Example 3.

While working in the private practice of psychiatry, you enter a program to
study and train at an accredited psychoanalytic institute. The program will
lead to qualifying you to practice psychoanalysis. The psychoanalytic
training does not qualify you for a new profession. It is qualifying
work-related education because it maintains or improves skills required in
your present profession.
Bar or CPA Review Course

Review courses to prepare for the bar examination or the certified public
accountant (CPA) examination are not qualifying work-related education.
They are part of a program of study that can qualify you for a new profession.
Teaching and Related Duties

All teaching and related duties are considered the same general kind of
work. A change in duties in any of the following ways is not considered a
change to a new business.

   1.

      Elementary school teacher to secondary school teacher.
   2.

      Teacher of one subject, such as biology, to teacher of another
subject, such as art.
   3.

      Classroom teacher to guidance counselor.
   4.

      Classroom teacher to school administrator.

What Expenses Can Be Deducted

If your education meets the requirements described earlier under Qualifying
Work-Related Education, you can generally deduct your education expenses as
business expenses. If you are not self-employed, you can deduct business
expenses only if you itemize your deductions.

You cannot deduct expenses related to tax-exempt and excluded income.
Deductible expenses.   The following education expenses can be deducted.

   1.

      Tuition, books, supplies, lab fees, and similar items.
   2.

      Certain transportation and travel costs.
   3.

      Other education expenses, such as costs of research and typing when
writing a paper as part of an educational program.

Nondeductible expenses.   You cannot deduct personal or capital expenses.
For example, you cannot deduct the dollar value of vacation time or annual
leave you take to attend classes. This amount is a personal expense.

Unclaimed reimbursement.   If you do not claim reimbursement that you are
entitled to receive from your employer, you cannot deduct the expenses that
apply to the reimbursement.

Example.

Your employer agrees to pay your education expenses if you file a voucher
showing your expenses. You do not file a voucher, and you do not get
reimbursed. Because you did not file a voucher, you cannot deduct the
expenses on your tax return.
Transportation Expenses

If your education qualifies, you can deduct local transportation costs of
going directly from work to school. If you are regularly employed and go to
school on a temporary basis, you can also deduct the costs of returning
from school to home.
Attendance on a temporary basis.   You go to school on a temporary basis if
either of the following situations applies to you.

   1.

      Your attendance at school is realistically expected to last 1 year or
less and does indeed last for 1 year or less.
   2.

      Initially, your attendance at school is realistically expected to
last 1 year or less, but at a later date your attendance is reasonably
expected to last more than 1 year. Your attendance will be considered
temporary up to the date you determine it will last more than 1 year.

Note.

If you are in either situation (1) or (2) above, your attendance is not
temporary if facts and circumstances indicate otherwise.
Attendance not on a temporary basis.   You do not go to school on a
temporary basis if any of the following situations apply to you.

   1.

      Your attendance at school is realistically expected to last more than
1 year. It does not matter how long you actually attend.
   2.

      Initially, your attendance at school is realistically expected to
last 1 year or less, but at a later date your attendance is reasonably
expected to last more than 1 year. Your attendance is not temporary after
the date you determine it will last more than 1 year.

Deductible Transportation Expenses

If you are regularly employed and go directly from home to school on a
temporary basis, you can deduct the round-trip costs of transportation
between your home and school. This is true regardless of the location of
the school, the distance traveled, or whether you attend school on nonwork
days.

Transportation expenses include the actual costs of bus, subway, cab, or
other fares, as well as the costs of using your car. Transportation
expenses do not include amounts spent for travel, meals, or lodging while
you are away from home overnight.

Example 1.

You regularly work in a nearby town, and go directly from work to home. You
also attend school every work night for 3 months to take a course that
improves your job skills. Since you are attending school on a temporary
basis, you can deduct your daily round-trip transportation expenses in
going between home and school. This is true regardless of the distance
traveled.

Example 2.

Assume the same facts as in Example 1 except that on certain nights you go
directly from work to school and then home. You can deduct your
transportation expenses from your regular work site to school and then home.

Example 3.

Assume the same facts as in Example 1 except that you attend the school for
9 months on Saturdays, nonwork days. Since you are attending school on a
temporary basis, you can deduct your round-trip transportation expenses in
going between home and school.

Example 4.

Assume the same facts as in Example 1 except that you attend classes twice
a week for 15 months. Since your attendance in school is not considered
temporary, you cannot deduct your transportation expenses in going between
home and school. If you go directly from work to school, you can deduct the
one-way transportation expenses of going from work to school. If you go
from work to home to school and return home, your transportation expenses
cannot be more than if you had gone directly from work to school.
Using your car.   If you use your car (whether you own or lease it) for
transportation to school, you can deduct your actual expenses or use the
standard mileage rate to figure the amount you can deduct. The standard
mileage rate for miles driven from January 1, 2005, through August 31,
2005, is 40½ cents a mile. The rate for miles driven from September 1,
2005, through December 31, 2005, is 48½ cents a mile. Whichever method you
use, you can also deduct parking fees and tolls. See chapter 26 for
information on deducting your actual expenses of using a car.

Travel Expenses

You can deduct expenses for travel, meals (see 50% Limit on Meals, later),
and lodging if:

   1.

      You travel overnight to obtain qualifying work-related education, and
   2.

      The main purpose of the trip is to attend a work-related course or
seminar.

Travel expenses for qualifying work-related education are treated the same
as travel expenses for other employee business purposes. For more
information, see chapter 26.

Caution
You cannot deduct expenses for personal activities, such as sightseeing,
visiting, or entertaining.
Mainly personal travel.   If your travel away from home is mainly personal,
you cannot deduct all of your expenses for travel, meals, and lodging. You
can deduct only your expenses for lodging and 50% of your expenses for
meals during the time you attend the qualified educational activities.

  Whether a trip's purpose is mainly personal or educational depends upon
the facts and circumstances. An important factor is the comparison of time
spent on personal activities with time spent on educational activities. If
you spend more time on personal activities, the trip is considered mainly
educational only if you can show a substantial nonpersonal reason for
traveling to a particular location.

Example 1.

John works in Newark, New Jersey. He traveled to Chicago to take a
deductible 1-week course at the request of his employer. His main reason
for going to Chicago was to take the course.

While there, he took a sightseeing trip, entertained some friends, and took
a side trip to Pleasantville for a day.

Since the trip was mainly for business, John can deduct his round-trip
airfare to Chicago. He cannot deduct his transportation expenses of going
to Pleasantville. He can deduct only the meals (subject to the 50% limit)
and lodging connected with his educational activities.

Example 2.

Sue works in Boston. She went to a university in Michigan to take a course
for work. The course is qualifying work-related education.

She took one course, which is one-fourth of a full course load of study.
She spent the rest of the time on personal activities. Her reasons for
taking the course in Michigan were all personal.

Sue's trip is mainly personal because three-fourths of her time is
considered personal time. She cannot deduct the cost of her round-trip
train ticket to Michigan. She can deduct one-fourth of the meals (subject
to the 50% limit) and lodging costs for the time she attended the university.

Example 3.

Dave works in Nashville and recently traveled to California to take a
2-week seminar. The seminar is qualifying work-related education.

While there, he spent an extra 8 weeks on personal activities. The facts,
including the extra 8-week stay, show that his main purpose was to take a
vacation.

Dave cannot deduct his round-trip airfare or his meals and lodging for the
8 weeks. He can deduct only his expenses for meals (subject to the 50%
limit) and lodging for the 2 weeks he attended the seminar.
Cruises and conventions.   Certain cruises and conventions offer seminars
or courses as part of their itinerary. Even if the seminars or courses are
work related, your deduction for travel may be limited. This applies to:

   1.

      Travel by ocean liner, cruise ship, or other form of luxury water
transportation, and
   2.

      Conventions outside the North American area.

  For a discussion of the limits on travel expense deductions that apply to
cruises and conventions, see Luxury Water Travel and Conventions in
Publication 463.

50% limit on meals.   You can deduct only 50% of the cost of your meals
while traveling away from home to obtain qualifying work-related education.
You cannot have been reimbursed for the meals.

  Employees must use Form 2106 or Form 2106-EZ to apply the 50% limit.

Travel as Education

You cannot deduct the cost of travel as a form of education even if it is
directly related to your duties in your work or business.

Example.

You are a French language teacher. While on sabbatical leave granted for
travel, you traveled through France to improve your knowledge of the French
language. You chose your itinerary and most of your activities to improve
your French language skills. You cannot deduct your travel expenses as
education expenses. This is true even if you spent most of your time
learning French by visiting French schools and families, attending movies
or plays, and engaging in similar activities.
No Double Benefit Allowed

You cannot do any of the following.

    *

      Deduct work-related education expenses as business expenses if you
deduct these expenses under any other provision of the law, for example, as
a tuition and fees deduction. See chapter 19.

    *

      Deduct work-related education expenses paid with tax-free
scholarship, grant, or employer-provided educational assistance. See
Adjustments to Qualifying Work-Related Education Expenses, next.

Adjustments to Qualifying Work-Related Education Expenses

If you pay qualifying work-related education expenses with certain tax-free
funds, you cannot claim a deduction for those amounts. You must reduce the
qualifying expenses by the amount of any tax-free educational assistance
you received.

Tax-free educational assistance includes:

    *

      The tax-free part of scholarships and fellowships (see chapter 1 of
Publication 970),
    *

      Pell grants (see chapter 1 of Publication 970),
    *

      Employer-provided educational assistance (see chapter 11 of
Publication 970),
    *

      Veterans' educational assistance (see chapter 1 of Publication 970), and
    *

      Any other nontaxable (tax-free) payments (other than gifts or
inheritances) received for education assistance.

Do not reduce the qualifying work-related education expenses by amounts
paid with funds the student receives as:

    *

      Payment for services, such as wages,
    *

      A loan,
    *

      A gift,
    *

      An inheritance, or
    *

      A withdrawal from the student's personal savings.

Also, do not reduce the qualifying work-related education expenses by any
scholarship or fellowship reported as income on the student's return or any
scholarship which, by its terms, cannot be applied to qualifying
work-related education expenses.
Reimbursements

How you treat reimbursements depends on the arrangement you have with your
employer.

There are two basic types of reimbursement arrangements—accountable plans
and nonaccountable plans. You can tell the type of plan you are reimbursed
under by the way the reimbursement is reported on your Form W-2.

For information about how to treat reimbursements under both accountable
and nonaccountable plans, see Reimbursements in chapter 26.
Deducting Business Expenses

Self-employed persons and employees report business expenses differently.

The following information explains what forms you must use to deduct the
cost of your qualifying education as a business expense.
Self-Employed Persons

If you are self-employed, you must report the cost of your qualifying
work-related education on the appropriate form used to report your business
income and expenses (generally Schedule C, C-EZ, or F). If your educational
expenses include expenses for a car or truck, travel, or meals, report
those expenses the same way you report other business expenses for those
items. See the instructions for the form you file for information on how to
complete it.
Employees

If you are an employee, you can deduct the cost of qualifying work-related
education only if you:

   1.

      Did not receive any reimbursement from your employer,
   2.

      Were reimbursed under a nonaccountable plan (amount is included in
box 1 of Form W-2), or
   3.

      Received reimbursement under an accountable plan, but the amount
received was less than your expenses.

If either (1) or (2) applies, you can deduct the total qualifying cost. If
(3) applies, you can deduct only the qualifying costs that were more than
your reimbursement.

In order to deduct the cost of your qualifying work-related education as a
business expense, include the amount with your deduction for any other
employee business expenses on Schedule A (Form 1040), line 20. (Special
rules for expenses of certain performing artists and fee-basis officials
and for impairment-related work expenses are explained later.) This
deduction is subject to the 2%-of-adjusted-gross-income limit that applies
to most miscellaneous itemized deductions. See chapter 28.
Form 2106 or 2106-EZ.   To figure your deduction for employee business
expenses, including qualifying work-related education, you generally must
complete Form 2106 or Form 2106-EZ.

Form not required.   Do not complete either Form 2106 or Form 2106-EZ if:

    *

      All reimbursements, if any, were included in box 1 of your Form W-2, and
    *

      You are not claiming travel, transportation, meal, or entertainment
expenses.

  If you meet both of these requirements, enter the expenses directly on
Schedule A (Form 1040), line 20. (Special rules for expenses of certain
performing artists and fee-basis officials and for impairment-related work
expenses are explained later.)

Using Form 2106-EZ.   This form is shorter and easier to use than Form
2106. Generally, you can use this form if:

    *

      All reimbursements, if any, were included in box 1 of your Form W-2, and
    *

      You are using the standard mileage rate if you are claiming vehicle
expenses.

  If you do not meet both of these requirements, use Form 2106.

Performing Artists and Fee-Basis Officials

If you are a qualified performing artist, or a state (or local) government
official who is paid in whole or in part on a fee basis, you can deduct the
cost of your qualifying work-related education as an adjustment to gross
income rather than as an itemized deduction.

Include the cost of your qualifying work-related education with any other
employee business expenses on Form 1040, line 24. You do not have to
itemize your deductions on Schedule A (Form 1040), and, therefore, the
deduction is not subject to the 2%-of-adjusted-gross-income limit. You must
complete Form 2106 or 2106-EZ to figure your deduction, even if you meet
the requirements described earlier under Form not required.

For more information on qualified performing artists, see Publication 463.
Impairment-Related Work Expenses

If you are disabled and have impairment-related work expenses that are
necessary for you to be able to get qualifying work-related education, you
can deduct these expenses on Schedule A (Form 1040), line 27. They are not
subject to the 2%-of-adjusted-gross-income limit. To deduct these expenses,
you must complete Form 2106 or 2106-EZ, even if you meet the requirements,
described earlier, under Form not required.

For more information on impairment-related work expenses, see Publication 463.
Recordkeeping

Records you should keep
You must keep records as proof of any deduction claimed on your tax return.
Generally, you should keep your records for 3 years from the date of filing
the tax return and claiming the deduction.

For specific information about keeping records of business expenses, see
Recordkeeping in chapter 26.