Substantiating business expenses: A primer

Nov 16, 2023 | Accounting, Businesses, Consulting, Tax

Businesses can generally deduct their “ordi­nary and necessary” business expenses. But even if an expense is legitimate, it’s not deductible unless it’s adequately substan­tiated. Typically, substantiation requires proof of payment and evidence showing the character and deductibility of the expen­diture. Proof of payment may include can­celed checks, bank statements, credit card statements or invoices marked “paid.” You can establish the character and deductibility of an expense with items such as sales slips, invoices, receipts, payment acknowl­edgements and check registers. A canceled check may also suffice if it indicates the nature of the expense.

If a business is unable to fully substantiate an expense, the courts have some leeway to approxi­mate deduction amounts, provided the business presents sufficient evidence to support an esti­mate. This approach isn’t available, however, for expenses that are subject to heightened substantia­tion requirements.

STRICTER REQUIREMENTS
The tax code imposes stricter substantiation requirements for some expenses, including busi­ness travel, business meals, business gifts and expenses related to “listed property,” such as passenger automobiles. To substantiate these expenses, a business must keep “adequate records” – or “sufficient evidence corroborating the taxpayer’s own statement” – establishing:

• The amount of the expense,
• The time and place the expense was incurred,
• The business purpose of the expense, and
• If applicable, the business relationship with the person or persons receiving the benefit (e.g., a meal or a gift).

Examples of adequate records include contempora­neous logs, diaries, account books, trip sheets and expense statements.

CASE IN POINT
A recent U.S. Tax Court case – Wolpert v. Commissioner – illustrates the dangers of failing to substantiate business expenses. In that case, the court disallowed a consultant’s vehicle and travel expenses because he failed to adequately sub­stantiate those expenses with contemporaneous records or other corroborative evidence. The court noted that to deduct vehicle expenses, a taxpayer must substantiate the amount of the expense (or, alternatively, use the standard mileage rate), the business and total mileage, and the date and purpose of each business use. Although the tax­payer provided mileage logs and calendars docu­menting some of this information, it was unclear whether these records were maintained contem­poraneously or prepared after the fact. Moreover, even assuming they were contemporaneous, they failed to state the business purpose of each trip or the vehicle’s total mileage.
With regard to travel expenses, the taxpayer failed to provide adequate records or sufficient corrobo­rative evidence establishing travel dates, destina­tions, business purpose or the number of days spent on business.

DON’T LOSE YOUR DEDUCTIONS
To avoid disallowance of your legitimate costs of doing business, be sure your business has pro­cesses in place to substantiate those expenses. Keeping contemporaneous records can be chal­lenging, but technology can help. There are a vari­ety of smartphone applications and other programs that will track and categorize expenses or mileage, store digital receipts, and synchronize expenses with your accounting system.

Management & Tax Concepts Newsletter (Fall 2023)