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Posted: 1/18/2008 7:10:45 PM EST
Late in 06 I started working in a gun shop and open carry a gun. I was told by multiple people that I can deduct the purchase of one gun a year because I am required to have one and am not reimbursed for it. Now we all know the BS you can hear in the gun shop, so I am very skeptical of this. So is there any truth to this? If I can, do I use form 2106 to deduct this? Any thing else I can deduct? Ammo, holster, extra mag? I'm going to look around for more info on this but I figured that someone hear might know the right answer, or where to direct me for more info. Thanks in advance, Rob
cmmg
Link Posted: 1/19/2008 3:07:23 AM EST
[#1]
Might be true because it sounds like it could qualify as a work expense, but you have to hit a certain percentage of your income before those deductions start to count. I've never been able to meet that percentage. Do you have a lot of other write offs other than mortgage interest and state taxes?

If you are an independent contractor for them and get a 1099 for taxes you should be able to deduct it as a business expense without meeting any income percentages.


Edit
I looked it up it's 2% of your adjusted gross income before the write off starts to count.
Link Posted: 1/19/2008 3:24:17 AM EST
[#2]
in addition to the above, it's how much you use the equipment for work only.

If, for example, you had to buy a computer to use for work.  If you only used it for work, then you could take 100% of the value. But say you use it at home too and for personal email. Then maybe it's only 50%

The gun is going to be that way.
Also, you'll need to itemize your deductions, which requires a full 1040, and unless you have a home loan (with the interest deduction), it's almost impossible for a typical wage slave to beat the standard deduction.  
See your accountant.
Link Posted: 1/19/2008 3:42:16 AM EST
[#3]
Sounds like a business expense to me. im gonna hand my tax guy receipts for an AR and ammo and see what he says.
Its only used on the farm for predator and varmint control. Honest.
Link Posted: 1/19/2008 4:00:24 AM EST
[#4]

Quoted:
in addition to the above, it's how much you use the equipment for work only.

If, for example, you had to buy a computer to use for work.  If you only used it for work, then you could take 100% of the value. But say you use it at home too and for personal email. Then maybe it's only 50%

The gun is going to be that way.
Also, you'll need to itemize your deductions, which requires a full 1040, and unless you have a home loan (with the interest deduction), it's almost impossible for a typical wage slave to beat the standard deduction.  
See your accountant.



plus 100,,
takes alot to meet the cafeteria standards of the itemizded deductions a house will save you quite a bit...but even if you have ahome office you can only claim a percentage of your home as an additional business exp..

heavy medical exp..is about the only thing that is a legit deduction anymore, and Iwill bet with in 10 years that and you home will no longer be deductable..


maybe 2 years if HillObama becomes POTUS
Link Posted: 1/19/2008 2:12:00 PM EST
[#5]
If he's working in a gun shop, then he's a statutory employee, not an independent contractor.  It's a matter of law, not something one gets to choose.  

You can deduct just about anything.  Your chances of being audited are somewhere between infinitesimal and zero.  The price of a gun's not going to raise any eyebrows.
Link Posted: 1/20/2008 2:39:26 AM EST
[#6]

Quoted:
If he's working in a gun shop, then he's a statutory employee, not an independent contractor.  It's a matter of law, not something one gets to choose.  

You can deduct just about anything.  Your chances of being audited are somewhere between infinitesimal and zero.  The price of a gun's not going to raise any eyebrows.


I work in a business office part time and get a 1099. Why would a gun shop make a difference?
Link Posted: 1/20/2008 7:50:50 AM EST
[#7]

Quoted:

Quoted:
If he's working in a gun shop, then he's a statutory employee, not an independent contractor.  It's a matter of law, not something one gets to choose.  

You can deduct just about anything.  Your chances of being audited are somewhere between infinitesimal and zero.  The price of a gun's not going to raise any eyebrows.


I work in a business office part time and get a 1099. Why would a gun shop make a difference?


Probably wouldn't make any difference.  Chances are, you and your employer are violating both state and federal law, unless, of course, you are performing a service not within the scope of the normal business for which the service is being performed; are completely free from direction and control; and are established in a business, with your own i.d. #s.; and performing such services outside of all the places of business of the business for which the service is performed.  The first three of the statutory requirements must be met conjunctively.  

"Part time" has absolutely nothing to do with the statutory tests for employment.  If you work one minute, without your having met the statutory requirements for not being an employee, then you're an employee.  
Link Posted: 1/21/2008 11:58:52 AM EST
[#8]

Quoted:

Quoted:

Quoted:
If he's working in a gun shop, then he's a statutory employee, not an independent contractor.  It's a matter of law, not something one gets to choose.  

You can deduct just about anything.  Your chances of being audited are somewhere between infinitesimal and zero.  The price of a gun's not going to raise any eyebrows.


I work in a business office part time and get a 1099. Why would a gun shop make a difference?


Probably wouldn't make any difference.  Chances are, you and your employer are violating both state and federal law, unless, of course, you are performing a service not within the scope of the normal business for which the service is being performed; are completely free from direction and control; and are established in a business, with your own i.d. #s.; and performing such services outside of all the places of business of the business for which the service is performed.  The first three of the statutory requirements must be met conjunctively.  

"Part time" has absolutely nothing to do with the statutory tests for employment.  If you work one minute, without your having met the statutory requirements for not being an employee, then you're an employee.  



+1
As much as I hate the rule. Reaganstein is dead on.

Link Posted: 1/21/2008 12:00:03 PM EST
[#9]

Quoted:
Sounds like a business expense to me. im gonna hand my tax guy receipts for an AR and ammo and see what he says.
Its only used on the farm for predator and varmint control. Honest.


Damn those pesky groundhogs. I think I need to go by a new rifle, after talking to my CPA for approval.

edited cause I think faster than I can type.
Link Posted: 1/21/2008 5:00:46 PM EST
[#10]
I am a regular employee. No 1099 for me. I do itemize, so that isn't a problem. The 2% rule might be a problem, but if I can deduct a holster, night sights, ammo used for practice, ammo used for carry at work etc etc etc. I may just get to 2%. I have yet to need a accountant but my mother uses one and I usually sit in on the yearly appointment so that I can translate for her. She doesn't speak $$$. Maybe I will ask him.
Link Posted: 1/21/2008 6:09:03 PM EST
[#11]

Quoted:

Quoted:

Quoted:
If he's working in a gun shop, then he's a statutory employee, not an independent contractor.  It's a matter of law, not something one gets to choose.  

You can deduct just about anything.  Your chances of being audited are somewhere between infinitesimal and zero.  The price of a gun's not going to raise any eyebrows.


I work in a business office part time and get a 1099. Why would a gun shop make a difference?


Probably wouldn't make any difference.  Chances are, you and your employer are violating both state and federal law, unless, of course, you are performing a service not within the scope of the normal business for which the service is being performed; are completely free from direction and control; and are established in a business, with your own i.d. #s.; and performing such services outside of all the places of business of the business for which the service is performed.  The first three of the statutory requirements must be met conjunctively.  

"Part time" has absolutely nothing to do with the statutory tests for employment.  If you work one minute, without your having met the statutory requirements for not being an employee, then you're an employee.  


I meet all requirements in IRS pub 15-A for an independent contractor. I've done it before at many different places. Every time I've got a 1099 misc and paid federal, state, and self employment tax. Why would this be illegal?

You don't have to have a business id. The IRS accepts a social security number. I claim all income on line 12 under business income after doing a schedule c. I do plan to start a LLC this year but not for tax purposes for legal protection.



Link Posted: 1/22/2008 10:44:40 AM EST
[#12]
Do you meet the tests that I posted previously?  Whether you have a tax i.d. or not, are you performing services outside the normal course of business of the business for whom the service is performed?  Are you under ANY direction and control?  As I said before, whether you're an independent contractor isn't a voluntary matter.  Neither you and/or your "employer" can choose whether you're an employee or not.  

FWIW, the  chances of either you or your employer ever having a problem are pretty slim.

Link Posted: 1/22/2008 11:21:51 AM EST
[#13]

Quoted:

I meet all requirements in IRS pub 15-A for an independent contractor. I've done it before at many different places. Every time I've got a 1099 misc and paid federal, state, and self employment tax. Why would this be illegal?


The illegal part is on the employers side.  He's not paying the employment taxes as he should.

What is the nature of your work?  It is certainly possible for someone working part time in an office to be an IC, but would be somewhat unlikely.
Link Posted: 1/22/2008 11:46:11 AM EST
[#14]
I'm a database consultant. I do work for a non-profit on an as needed basis. I set my schedule and use my own computer equipment. If I do business under a LLC would this be an issue?
Link Posted: 1/22/2008 12:27:31 PM EST
[#15]
You're probably OK.

Do you do work for any other clients?
Link Posted: 1/22/2008 12:34:20 PM EST
[#16]
Reaganstein,

It's been a long time since I've done any IC work.  Have they gotten away from the 20 common law factors, and actually codified the requirements?
Link Posted: 1/22/2008 2:49:54 PM EST
[#17]

Quoted:
You're probably OK.

Do you do work for any other clients?


Not yet but I plan to.
Link Posted: 1/22/2008 4:33:05 PM EST
[#18]

Quoted:
Reaganstein,

It's been a long time since I've done any IC work.  Have they gotten away from the 20 common law factors, and actually codified the requirements?


The tests that I paraphrased, from my memory of over 20 years ago, came from GA's Employment Security Act, defining employment for Unemployment Tax purposes.  My experience is that every employer found liable for an employer/employee relationship for the State of GA was also liable for the various withholding taxes with the IRS.  As a matter of fact, the way that most employers got caught (some after years) was when an employee filed a claim for u.i. benefits.  Of course, that brings into play the Fed 940, and the cookie begins to crumble.  

I don't believe the mere fact that the "consultant" brings his own computer to the workplace relieves the employer.  However, if he's a genuine consultant, setting his own hours etc. and not just a part-time worker, then he's probably o.k.  As I said earlier, I'd seriously doubt if any problems arise.  
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