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Subject Author Date
malpractise ins. for new graduate jake 08-24-2009
Posted by jake on August 24, 2009, 9:08 pm
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son just received his medical license. no job yet but each potential offer
includes
demand he has malpractise insurance on his own. is the cost deductible?

is it if he does not find job this year but works temp jobs just to pay his
bills?

for now, I also assume his state board test fees (over 2k) are not deductible.

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Posted by removeps-groups@yahoo.com on August 25, 2009, 4:31 pm
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> son just received his medical license. no job yet but each potential offer
includes
> demand he has malpractise insurance on his own. is the cost deductible?

Yes. However, if he is an employee than the deduction is subject to
the 2% rule, which means that only the amount above 2% of your AGI is
deductible. In addition, the deduction is not allowed under AMT, and
if he makes as much as a doctor he might be in AMT. On the other
hand, if he is paid as a contractor then the deduction is allowed in
full, and the deduction is allowed under AMT as well.

> is it if he does not find job this year but works temp jobs just to pay his
bills?

It seems the expense should be deductible because the expense was
incurred with the intention of making a profit. Of course, when your
Schedule C business loses money, the IRS may view the business as a
hobby, in which case the deduction would not be allowed. So you have
to keep records to prove that this is a business intending to make a
profit. Of course, shouldn't be buy malpractice insurance only once
he has secured a job offer?

> for now, I also assume his state board test fees (over 2k) are not deductible.

Right. The tuition fees your pay to enter a new career are not
deductible. Crazy rule, but that's the way it is. However, the
annual tuition fees he pays thereafter to maintain his education/
skills is deductible.

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<< The foregoing was not intended or written to be used, >>
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Posted by Stuart A. Bronstein on August 25, 2009, 5:29 pm
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>> for now, I also assume his state board test fees (over 2k) are
>> not deductible.
>
> Right. The tuition fees your pay to enter a new career are not
> deductible. Crazy rule, but that's the way it is. However, the
> annual tuition fees he pays thereafter to maintain his
> education/ skills is deductible.

The state boards are not an educational expense but a qualifying
exam. Do accountants who take the CPA exam in a state that requires
it to be called a CPA, get to deduct it?

--
Stu
http://downtoearthlawyer.com

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Posted by Dick Adams on August 26, 2009, 7:35 am
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> The state boards are not an educational expense but a qualifying
> exam. Do accountants who take the CPA exam in a state that requires
> it to be called a CPA, get to deduct it?

I believe all 54 CPA Boards now require passing the CPA Exam for
the initial license.

That is a fairly broad question. In the case of myself and others I
know who had professional Accounting Certifications upon entering
graduate school, we deducted as much of our educational expenses as
we could as Continuing Professional Education. Of course University
Professors can write off almost all of their post-employment
educational expenses.

As for CPA exam fees, possibly a Tax Attorney or an Enrolled Agent
who is already representing clients at audits and in Tax Court could
safely deduct them.

As always, the answer is "IT DEPENDS." The solution is to lay out all
of your facts and circumstances to a tax professional who can assst in
tax planning.

Dick

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<< The foregoing was not intended or written to be used, >>
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Posted by removeps-groups@yahoo.com on August 27, 2009, 7:19 pm
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wrote:

> The state boards are not an educational expense but a qualifying
> exam. Do accountants who take the CPA exam in a state that requires
> it to be called a CPA, get to deduct it?

The course you take to study in order to pass the state board exam may
itself may have quizzes within it, but at the end there is one big
quiz. And that quiz is the board exam. So if you need to pass this
exam before you can enter the field, then it is not deductible.
That's my reasoning. I'm happy to be proved wrong!

But think of this strange scenario: Perhaps you can practice in
another country where they don't require these board exams. So now
you've already entered the field and are a practicing doctor, though
you can only practice in another country. Then you return to the US
and take a course and a board exam. It's certainly looks like
continuing education now because you are already in the field.

Even tax preparers in California have to take a 60 hour exam and pay
an application fee of $25. I suppose the $25 fee is deductible
because there is nothing educational about it.
http://ctec.org/UserFiles/file/2008-2009%20NEW%20PREPARER_.pdf

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<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
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