- 4 - 1.162-5, Income Tax Regs., sets forth the guidelines for determining those educational expenses incident to a taxpayer’s trade or business which are deductible. Educational expenses may be considered ordinary and necessary business expenses if the education maintains or improves skills required by the taxpayer in his employment or meets the express requirements of an employer imposed as a condition for the taxpayer’s continued employment, status, or rate of compensation. Sec. 1.162-5(a), Income Tax Regs. Educational expenses, however, are not deductible if they are made by an individual for education which is part of a program of study being pursued by her which will lead to qualifying her in a new trade or business. Sec. 1.162- 5(b)(3)(i), Income Tax Regs. Such educational expenses are not deductible even though the education may maintain or improve skills required by the individual in her employment. Sec. 1.162- 5(b)(1), Income Tax Regs. Examples (1) and (2) of section 1.162- 5(b)(3)(ii) , Income Tax Regs., illustrate this rule: Example (1). A, a self-employed individual practicing a profession other than law, for example, engineering, accounting, etc., attends law school at night and after completing his law school studies receives a bachelor of laws degree. The expenditures made by A in attending law school are nondeductible because this course of study qualifies him for a new trade or business. Example (2). Assume the same facts as in example (1) except that A has the status of an employee rather than a self-employed individual, and that his employer requires him to obtain a bachelor of laws degree. APage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011