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Subject Author Date
malpractise ins. for new graduate jake 08-24-2009
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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Posted by Dan Lanciani on August 27, 2009, 10:21 pm
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spamtrap@lexregia.com (Stuart A. Bronstein) writes:

| 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.

I wonder why these types of expenses are particularly disadvantaged.
Most other pre-business startup costs can be amortized over 60 months,
right? [Or with recent changes even deducted immediately up to $5000
but with some downside if there is much left over.]

                                Dan Lanciani
                                ddl@danlan.*com

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Posted by jake on August 30, 2009, 8:29 pm
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> 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.

it appears likely it would be paid as a contractor, so forming his own LLC
might also be a wise course ahead of time.

one problem we still don't understand is the situation where he would
work some *other* field work, just to pay bills and to be able to pay
for the MP insurance. suppose for example, he does take the offered
MP policy for 1 million and works as a shoe shiner for 1 month while
waiting for medical field job(s). is he able to deduct the MP expense which
all potential interviewers demand, prior to making a job offer, from the shoe
shine income?

that is what I meant by
"..is it if he does not find job this year but works temp jobs just to pay his
bills?.."

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Posted by Steve Pope on August 31, 2009, 9:06 am
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> it appears likely it would be paid as a contractor, so forming his
> own LLC might also be a wise course ahead of time.

Wise, but not necessarily possible; in California, licensed
professionals cannot operate as LLC's.

Steve

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Posted by Stuart A. Bronstein on August 31, 2009, 10:34 am
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spope33@speedymail.org (Steve Pope) wrote:
>
>> it appears likely it would be paid as a contractor, so forming
>> his own LLC might also be a wise course ahead of time.
>
> Wise, but not necessarily possible; in California, licensed
> professionals cannot operate as LLC's.

Specified professionals in CA are required to LLP's (limited
liability partnerships) instead - presumably that means there must be
at least two partners.

Instead the professional can create a C-corporation. The costs and
tax effects will normallly be similar if not the same.

--
Stu
http://downtoearthlawyer.com

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<< The foregoing was not intended or written to be used, >>
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