| You can deduct as an "employee business expense" | | | | business even though he had previously been |
| the cost of education that is (1) expressly required | | | | performing essentially the same tasks, an MBA does |
| by an employer, by law, or by government | | | | not qualify one for a professional certification or |
| regulation, or (2) maintains or improves skills required | | | | license.The cost of the MBA degree was |
| in your current trade or business.Education is not | | | | deductible.NO:A taxpayer had been employed by |
| deductible if it (1) is the minimum requirement for a | | | | several financial firms as a "financial analyst". In the |
| trade or business, or (2) prepares one for a new | | | | investment banking industry a financial analyst is a |
| trade or business, even if the taxpayer does not | | | | temporary position which usually does not last more |
| intend to enter that trade or business.Deductible | | | | than 2 or 3 years. An MBA degree is a requirement |
| expenses include-* tuition, textbooks, registration | | | | for an "associate", which is a permanent position. The |
| fees, and supplies,* round-trip transportation to the | | | | taxpayer received a Master of Management degree, |
| education,* meals (at 50%) and lodging while away | | | | the equivalent of an MBA, and obtained a position in |
| from home,* lab fees, student cards, insurance and | | | | the general management program of a management |
| degree costs, and* writing expenses for term papers | | | | firm.The Tax Court, in Will M. McEuen III wt. ux. v. |
| and dissertations (i.e. research and typing).Are the | | | | Commissioner, T.C. Summary Opinion 2004-107, found |
| costs of obtaining a Masters in Business | | | | that-* The taxpayer enrolled in the degree program |
| Administration (MBA) or equivalent degree deductible | | | | to meet the minimum education requirement for an |
| as a business expense? According to the Tax Court - | | | | associate in the investment banking industry; and* |
| Yes and No.YES:A taxpayer was employed to sell | | | | The degree qualified for a new trade or business |
| sports-related products because of his prior | | | | because the education allowed the taxpayer to |
| experience in sports medicine. In the course of his | | | | perform significantly different tasks than those |
| job he performed management, marketing and | | | | performed prior to enrollment in the program.The |
| financial tasks. Encouraged by his employer, he | | | | cost of the degree was not deductible.As is often |
| enrolled in an MBA program in the hopes of "moving | | | | the case in tax law, the "deductibility" of an MBA |
| up the ladder". As a result of his studies he was | | | | degree depends on the "facts and circumstances" of |
| promoted.The Tax Court, in D.R. Allemeier Jr, T.C. | | | | the individual situation.If you cannot deduct the cost |
| Memo 2005-207, found that-* Encouraging the | | | | of acquiring an MBA as a business expense, all is not |
| taxpayer to obtain an MBA degree as a means of | | | | lost. You may be able to claim a deduction or credit |
| advancing through the company did not amount to a | | | | for a part of the tuition and fees elsewhere on the |
| "minimum requirement" for promotion, and neither did | | | | return. But that is the topic for another article.Robert |
| the fact that the taxpayer actually advanced as a | | | | Flach is a tax professional with 34 tax seasons of |
| result of the MBA program;* The MBA degree did | | | | experience preparing 1040s for individuals in all walks |
| not prepare the taxpayer for a new trade or | | | | of life. He writes THE WANDERING TAX PRO |
| business, as he was already performing managerial | | | | weblog ( the NJ TAX PRACTICE BLOG ( and the tax |
| and financial tasks before enrolling in the program, | | | | planning and preparation website which provides a |
| and, while he was promoted as a result of the MBA | | | | wealth of tax advice and information. He also writes |
| studies, he did not change the basic nature of his | | | | and publishes THE FLACH REPORT, a quarterly tax |
| duties; and* While a degree that qualifies a taxpayer | | | | newsletter. The above article is from the Winter |
| for a professional certification or license, such as a | | | | 2005 issue of THE FLACH REPORT. |
| law degree, may prepare him for a new trade or | | | | |