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Posted by Stuart A. Bronstein on August 27, 2009, 7:56 pm
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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?
>
> 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!
The regulation, §1.162-5(b)(2) and (3), only talk about education
expenses, not the expenses of a qualifying exam. It would be silly
if you could not deduct these expenses if you studied for the exam,
but you could if you didn't need to study for it.
On the other hand the reasoning behind the rule is that you can't
deduct something as a business expense if you aren't actually in
business. From that standpoint it appears you may be right.
On the other hand if OP's son can work temp jobs, perhaps under the
supervision of other physicians, without having passed the exam, he
may qualify.
> 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.
Yup, that's the argument.
> 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.
Again it's not about whether it's educational. It's about whether
or not you are actively in business when the expense is made.
--
Stu
http://downtoearthlawyer.com
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