What did you spend on CAP in 2010?

Started by RVT, January 12, 2011, 07:31:47 PM

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SABRE17

Very well, thanks for the advice gentlemen, Ill talk to my dad about what is what, I haven't really kept tabs for last year other then the supplies I ordered from vanguard last year. Like wise I shall consult my higher command :D

RRLE

Quote100% of uniforms which are only CAP use.

You have to be very careful with uniform items. In the event of an audit, the IRS will not care if you only wear the uniform item during CAP activities. The IRS will only care if the uniform item could be worn outside of CAP. For example, you might only wear your black dress shoes with your CAP uniform. However, black dress shoes can be worn as normal attire. Since they could be worn outside of CAP then they are not deductible. Dress pants and some shirts fall into the same category. Unless there is something distinctive about the uniform, ie a stripe down the pants leg, then the uniform item will not be considered distinctive and not deductible. Shirts can often pass the test since they often have embroidery on them that makes them a distinctive part of the uniform.

Quote100% of equipment which is only CAP use (24 hour gear, flight headset, aero charts, etc).

You can have a different tax issue here, especially if you are a pilot and fly outside of CAP. All of the items listed can be used outside of CAP and the IRS could disallow the deduction. Most of the 24 hour gear, I'm assuming, ground team stuff, can also be used outside of CAP and might be disallowed by the IRS under audit. That would be especially true if you also use the gear for hiking, camping or anything else outside of CAP.

The deductiblity of uniforms and gear is not as clear cut as many think. Very often it depends if you win or loss the audit lottery.

Eclipse

#22
I don't agree with your assertion(s), but FWIW the IRS regularly disavows lots of things, and also accepts lots of things most people would not agree with.

There isn't a single piece of clothing worn by CAP members that can't, theoretically, be worn elsewhere.  That doesn't change their deductibility.

I am also not a pilot, so therefore flight equipment is 100% useless to me outside of CAP.

What we need to be very careful of is making statements that potentially discourage members from taking advantage of this very important benefit.

YMMV, consult your tax guy, and act within your personal ORM.

"That Others May Zoom"

RADIOMAN015

Quote from: Eclipse on January 17, 2011, 02:13:48 AM
I don't agree with your assertion(s), but FWIW the IRS regularly disavows lots of things, and also accepts lots of things most people would not agree with.

There isn't a single piece of clothing worn by CAP members that can't, theoretically, be worn elsewhere.  That doesn't change their deductibility.

I am also not a pilot, so therefore flight equipment is 100% useless to me outside of CAP.

What we need to be very careful of is making statements that potentially discourage members from taking advantage of this very important benefit.

YMMV, consult your tax guy, and act within your personal ORM.
Well frankly overall the membership needs to be aware of costs and demand that ANY function, uniform changes, etc be very reasonable in cost.  In fact that's why we need NO changes in uniforms for a few more years.  It's interesting that some wings can actually run a wing conference that will cost less than $100.00 for everything and other are out of sight in costs ($300+ for attendance).  Also driving to meetings/training at wing etc, much of this can be done via telephone/computer type conferencing to save the member both time and money.

As far as the IRS and allowing deductions, there's a lot of things that can get people audited including out of line ratios of net taxable income to gross income (as well as the charity deduction in relation to gross income).  Frankly I see CAP more as a "hobby" type activity  and if someone is getting too far out of line with questionable deductions, at the very least I would hope that the IRS would make them sweat a bit.  Again this isn't about taking tax deduction but is more along the lines of controlling your volunteer costs. 
RM 

RRLE

QuoteThere isn't a single piece of clothing worn by CAP members that can't, theoretically, be worn elsewhere.  That doesn't change their deductibility.

Then you have a big problem and not with me, with the IRS.

IRS Pub 526 Charitable Contributions. See page 5, pdf page 6.

QuoteUniforms. You can deduct the cost and upkeep of uniforms that are not suitable for everyday use and that you must wear while performing donated services for a charitable organization.

Note this is a two part test. The uniform cannot be suitable for everyday use and it must be required to wear while on duty. The actual use or non-use of the item by the member has no part in the test. So black dress shoes would never be deductible. Nor would any other uniform item that is capable of everryday use.

Also see the uniform question in Table 2 at the top of the same page.

A 2009 Tax Court Moujahid TC Memo 2009-42 decision added a 3rd test:

QuoteExpenses for uniforms are deductible if the uniforms are of a type specifically required as a condition of employment, the uniforms are not adaptable to general use as ordinary clothing, and the uniforms are not worn as ordinary clothing.

If any one of the three tests is not met then the expense is not deductible. The case involves a deduction for unreimbursed employee expenses but the rules and regs in the tax code for deducting unreimbursed employee uniform expenses mirror those for volunteer uniform expenses.

The other items mentioned would probably be disallowed as personal expenses. On the same page as the above is the following.

QuoteOut-of-Pocket Expenses in Giving Services

Although you cannot deduct the value of your services given to a qualified organization, you may be able to deduct some amounts you pay in giving services to a qualified organization. The amounts must be:
· Unreimbursed,
· Directly connected with the services,
· Expenses you had only because of the services you gave, and
· Not personal, living, or family expenses.

Table 2 contains questions and answers that apply to some individuals who volunteer their services.

The expenses must pass all 4 parts of that test. And most the gear mentioned may be disallowed under the 4th test. If there was any private use at all then the 3d test is failed as well.

And FWIW - I am enrolled to practice before the IRS. I handle audits on a weekly basis. Charitable contributions will usually come up in a correspondence (mail) audit. If the IRS finds anything to question on Schedule A, it will almost certainly ask for the documentation of charitable contributions. The burden of proof is on the taxpayer, not the IRS to substantiate the deduction. Once the IRS sees things like shoes, pants, shirts etc on a receipt then you should fully expect a follow letter that either disallows the deduction or asks for further proof that the item is not suitable for everyday wear. That proof would normally have to be a photograph. And items of clothing that do not show a distinctive uniform element are going to be disallowed.


SABRE17

So... for future reference, what would be considered unsuitable for everyday wear? insignia, ribbons, name tapes, breast badges, specialty badges, flight caps, officer covers. right?

I'm sure other members are watching this with similar questions hence why I ask.

And when it comes to services, could i write off the fuel receipts from missions if I don't get that reimbursed, as well as the miles I drive to and from meetings?

What if I bought food for a bivouac could i write that off too?

SarDragon

If you want to write off direct auto expenses, you must use that method exclusively (no part mileage, part expenses), and keep good records. Dates, receipts, etc.
Dave Bowles
Maj, CAP
AT1, USN Retired
50 Year Member
Mitchell Award (unnumbered)
C/WO, CAP, Ret

peter rabbit

QuoteAnd when it comes to services, could i write off the fuel receipts from missions if I don't get that reimbursed, as well as the miles I drive to and from meetings?

What if I bought food for a bivouac could i write that off too?

SarDragon is correct - you can't write off part of your auto expense as mileage and part as direct expenses - except for tolls and CAP-related parking expense which can be added to the 14 cents/mile. I keep a mileage log showing date, purpose of the trip, and miles.

I also deduct food and other direct costs while away from home on CAP business, all items from Vanguard since what I buy from them is not suitable for general wear, plus plane and fuel costs for my CAP training and proficiency. Since I don't fly except for CAP, there are other flying expenses directly attributable to that training.

One thing I've been forgetting is laundry costs for uniform items.

RRLE

Quotewhat would be considered unsuitable for everyday wear? insignia, ribbons, name tapes, breast badges, specialty badges, flight caps, officer covers. right?

Correct. Also any uniform item, most likely shirts and jackets, with permanent patches (sewn on or embroidered) that CAP only permits for duty status. A bomber jacket loaded with CAP badges that you can wear socially, with no official CAP repercussions would not qualify.

Another Bright Line test - if CAP encourages you to wear an item for social wear then it is not deductible.


Eclipse

Quote from: RRLE on January 18, 2011, 03:12:35 AMAnother Bright Line test - if CAP encourages you to wear an item for social wear then it is not deductible.

What does CAP encourage you to wear for social wear?  Certainly not uniform parts.

Again, I think the key here is discussing your tax person or accountant and being comfortable with your strategy.

"That Others May Zoom"

mclarke

I believe I spent close to 300 or 400 last year... Them air shows get costly lol...

This year however, I am looking at around 4000 (2 of  each uniform, USAF style and CAP distinctive), including GTM hear and some added GTM gear... oh welll.