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  • OD weapon a tax write-off?

    Randomly talking to a friend and mentioned getting an off duty weapon would I be able to purchase and use as a tax write off or not?
    Good... Bad... Im the guy with the gun

  • #2
    I believe that you can.

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    • #3
      My tax guy indicated LEO's get one gun per year they can write off.

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      • #4
        Would this also transfer to "school supplies" for those that have to buy a gun for the academy? I'm picking up a new XD tomorrow but I bought it because I needed a safe action to requal with when I enroll in the summer.
        _____________
        "Corruptisima republica plurimae leges."

        "The more corrupt the state, the more numerous the laws."
        - Cornelius Tacitus

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        • #5
          There is no specific rule or court decision regarding this. If your department required you to carry off duty, you would have the strongest argument. If you carry the weapon as a back-up, you also have a strong argument.

          Remember that employee business expenses are deductible only to the extent they exceed 2% of your adjusted gross income.
          Facts do not cease to exist because they are ignored. -- Aldous Huxley
          Two things are infinite: the universe and human stupidity. -- Albert Einstein

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          • #6
            Originally posted by SCV-Sop View Post
            Would this also transfer to "school supplies" for those that have to buy a gun for the academy? I'm picking up a new XD tomorrow but I bought it because I needed a safe action to requal with when I enroll in the summer.

            Form 8863 is what you need. Its under and life time learning credit. Oh, and get the XDm its way better; I love mine.

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            • #7
              I've written off more than one gun a year and haven't had a problem.

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              • #8
                Originally posted by showme View Post
                Oh, and get the XDm its way better; I love mine.
                While I understand that (the XDm being the better choice) I am required by law to convert it to a 6 inch barrel with an overall length of 10 inches and have the magazine locked in place and altered so it could only hold one round and have it transfered to me in this configuration. Then I would have to convert it back myself. While not all the difficult it doesn't solve the problem that the XDm doesn't have 10 round magazines at all. So the FFL would have to modify those as well (which they don't).

                All in all, I got the tactical 5 inch barrel version (which I don't think comes in XDm anyway, and that's what really sold me on it, the barrel length).

                When the XDm's have 10 round mags and a Tactical version I'm all over the hoop jumping. But by time that all happens it should be moot one way or the other.
                _____________
                "Corruptisima republica plurimae leges."

                "The more corrupt the state, the more numerous the laws."
                - Cornelius Tacitus

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                • #9
                  I can't imagine it being a problem. My wife is an accountant and has written off a bunch of duty gear that I've purchased on my own.

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                  • #10
                    You won't have a problem unless your return is audited. If you are audited, and the audit includes your employee business expense deductions, then you will have to substantiate the, Since you have a reasonable position, and the amount of taxes saved will be a few hundred dollars at most, the worst that could happen is that the IRS would disallow the deduction and you would have to pay the tax plus interest. But chances are the IRS will not question the deduction.
                    Facts do not cease to exist because they are ignored. -- Aldous Huxley
                    Two things are infinite: the universe and human stupidity. -- Albert Einstein

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                    • #11
                      As long as you can justify the purchase for any type of work-related use, you can write it off. I wrote off an AR and ammunition that I bought and use to train with. It's a training expense. My tax lady said that it meets the criteria for a deduction. I write off most of my non-hunting-related ammunition purchases, as well as firearms training courses that I take and pay for.
                      As for an off-duty gun, LEOSA/HR218 kind of insinuated that cops are always on-duty, even when off-duty. If you use your weapon off-duty, you are doing so with the mindset and intention of being a cop. Many department policies usually say something to that same effect. As such, an off-duty gun is a justified deduction. This won't work for buying a $5000 Per***i O/U shotgun, but it's perfectly justifiable for a back-up or off-duty CCW gun. My aunt's fiance works for the IRS, and he basically said that when it comes to cops writing stuff off, there's a lot of leeway with some things due to the nature of our jobs and the requirements involved with our training and personal preparation. This is why we can write off laundry expenses, haircuts, certain clothing purchases, certain vehicle mileage, etc.
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence."
                      -John Adams


                      Disclaimer: My statements are personal opinions, and in no way reflect those of my agency.

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                      • #12
                        awesome everyone... thank you for the responses. good to know
                        Good... Bad... Im the guy with the gun

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                        • #13
                          IRS Pub 529 says:

                          Unreimbursed Employee Expenses

                          Generally, the following expenses are deducted on Schedule A (Form 1040), line 21, or Schedule A (Form 1040NR), line 9.

                          You can deduct only unreimbursed employee expenses that are:

                          * Paid or incurred during your tax year,
                          * For carrying on your trade or business of being an employee, and
                          * Ordinary and necessary.

                          An expense is ordinary if it is common and accepted in your trade, business, or profession. An expense is necessary if it is appropriate and helpful to your business. An expense does not have to be required to be considered necessary.
                          Facts do not cease to exist because they are ignored. -- Aldous Huxley
                          Two things are infinite: the universe and human stupidity. -- Albert Einstein

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                          • #14
                            you can also deduct haircuts, shoe polish, meals, ($8 a shift, I believe), special t-shirts, you may wear at work (like under armour stuff),boots if you have to buy your own....ex Internal Raping...I mean Revenue Service agent does my taxes too

                            EDITED TO ADD: just remembered another one.....deduct the mileage IF you use your POV to go to court or specal training and NOT a "company" car
                            Last edited by crass cop; 01-22-2011, 11:26 PM.
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                            • #15
                              Originally posted by crass cop View Post
                              you can also deduct haircuts, shoe polish, meals, ($8 a shift, I believe), special t-shirts, you may wear at work (like under armour stuff),boots if you have to buy your own....ex Internal Raping...I mean Revenue Service agent does my taxes too

                              EDITED TO ADD: just remembered another one.....deduct the mileage IF you use your POV to go to court or specal training and NOT a "company" car
                              A thousand years ago when I was hired, the total amount of deductions had to be greater than 1% of your total income to apply, has that changed?

                              502
                              Retired Lawdawg & Proud IMPD Papa!




                              "Justice is the one thing you should always find"
                              Toby Keith

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