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This file was generated by Descript 

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Speaker: Welcome to Real Estate is Taxing,
where we talk about all things real estate

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tax, and break down complex concepts into
understandable, entertaining tax topics.

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My name is Natalie Kalady, I'm
your host, and I am so excited

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that you've decided to join me.

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Microphone (Shure MV7)-1: Hello.

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Hello everyone.

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And welcome to this week's episode.

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The past several months, I have
attended multiple conferences,

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tax conferences, real estate
conferences, all across the country.

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Various venues.

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And it got me thinking about one of
my favorite travel business topic.

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Overlaps.

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Which is when you can
and when you can not.

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Deduct travel on a cruise ship.

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There's a lot of blogs and articles out
there, but they're all fairly vague or

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they give very generalized steps and don't
really talk about the feasibility of it.

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Or actual examples of it.

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I spent some time today searching for
some court cases related to this topic.

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And there really aren't any specific to
cruise ship travel as its own deduction.

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I couldn't find it as a
focus point of a case.

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I did find some court cases that
were semi-related we'll chat

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about one of those at the end.

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But outside of that, there's not a ton of
guidance because it's pretty cut and dry.

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Microphone (Shure MV7)-3: The code section
for this hasn't changed since 1982.

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So there haven't been any big updates
or anything that really needed

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to be contested in recent years.

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So let's get into it.

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There are two different ways
you can potentially write off

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a cruise as a business expense.

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Both of these are covered in code
section 2 74 M and they are split between

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addressing conventions on cruise ships.

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And then a secondary category
known as luxury water travel.

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So starting off with
conventions on cruise ships.

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This is something that I
hear about pretty often.

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I think anyone in the tax industry and
real estate in a lot of industries,

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There are multiple cruises per
year related to most industries

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that you can choose to attend.

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It will be in most cases,
a seven day cruise.

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They will buy a room block
the same way they would for a

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conference at a hotel or a resort.

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And then everything takes
place on the cruise.

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There are however many hours of education.

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There are, different conference
related events and networking.

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They're renting out
general speaking areas.

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And attendees pay for the room.

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And the cruise fare, it's all
typically rolled into one price.

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So these are marketed pretty frequently.

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And I have most often seen these marketed
as a deductible business expense.

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But the truth of it is very rarely.

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Is a conference or an educational
event on a cruise ship.

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Going to just easily be deductible.

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So let's start off with the first.

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Addressing of this.

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So let's look at how the code words, this.

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In the case of any individual who attends
a convention, seminar, or other meeting,

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which is held on any cruise ship.

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No deduction shall be allowed
under section 1 62 for expenses

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allocable to such meeting.

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Unless the taxpayer meets the
requirements of paragraph five.

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And establishes that the meeting is
directly related to the active conduct

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of his or her trade or business.

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So code section 1 62.

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Is the part of the tax code that explains
ordinary and necessary business expenses.

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As a starting point, attending
a convention seminar, et

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cetera, on a cruise ship.

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Is only a business deduction.

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If it directly relates to the taxpayers
ongoing trader business, that makes sense.

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Next part.

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Again, it is directly related
to the active conduct of

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his or her trader business.

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And that, and then it goes
on to list two requirements.

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Microphone (Shure MV7)-4: Requirement
number one, the cruise ship is a vessel

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that is registered in the United States.

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And requirement number two.

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All ports of call of that cruise ship
are located in the United States or

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in possession of the United States.

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Microphone (Shure MV7)-5: So when
we just start off with looking at

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these two initial requirements, I
will let you guess how many cruise

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ships you think fit the bill?

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If we are looking at large
commercial cruise lines.

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there's a thousand, 2000
people on board, maybe more.

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It normally is a week long, goes out
to a few islands, go somewhere else.

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But we're not talking about like a
river cruise or one of those little

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boats that'll fit like a hundred to
300 people, But one of those large

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commercial cruise ships, where there
is a buffet and like a kid's club

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and water slides and all of that.

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One we're looking at that
level of cruise ship.

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There is one.

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Singular ship that meets the requirement.

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Norwegian cruise lines, pride of America
based in Hawaii is us registered.

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And it is the only large commercial
cruise lines, cruise ship.

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That is us registered.

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Most cruise ships are registered to
other countries for a variety of reasons.

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So just right off the bat,
most cruise ships are not

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going to meet this requirement.

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The vast majority of cruises and
cruise ships do not check the boxes.

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To be able to write off a convention or
seminar that is held on a cruise ship.

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If it did, let's say that.

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Your industry is hosting a cruise
that goes to Hawaii on that

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pride of America cruise ship.

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So it is us registered and it is
only going to the United States.

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Microphone (Shure MV7)-6: then
there is a $2,000 expense limit.

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For the total cost of that cruise
with that seminar or convention.

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Total expense CAPTA, $2,000.

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In addition to that, if you happen
to find a cruise that ticks all

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of the boxes and does qualify.

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To write off as a convention or an
event that is held on a cruise ship.

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There's a whole bunch of reporting
requirements that are required as well.

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for the tax year where you're
claiming that deduction.

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You also need to include.

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A written statement.

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Signed by the individual
attending the meeting.

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That includes information about the
trip, the total days that excludes the

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transport to, and from the cruise ship.

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The number of hours each day
of the trip where you devoted

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to only business activities.

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You need to include a program
or schedule for all of the

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business activities or meetings.

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And any other information that
might be required by the secretary.

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Additionally, you also need to include.

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A written statement signed by an
officer of the organization or group

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sponsoring the meeting or the conference.

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And that has to include.

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A schedule of the business activities
for each day, the number of hours, which

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you attended those business activity.

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And any other information as might
be required by the secretary.

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so for the amount that we are fed
and marketed cruises that are a tax

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deduction and attending these seminars
on a cruise that are going to be a write

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off, they're likely not going to be.

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And in the rare event, they are.

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They're a huge pain in the ass to
include everything you need to on your

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tax return to claim that deduction.

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So that's not a very likely option.

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It's not my favorite option.

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But that's what we have for the
availability of writing off a

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convention or a seminar that is
specifically held on a cruise ship.

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Microphone (Shure MV7)-5: The next option
that I think is the far better choice.

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Is looking at your crews under the
definition of luxury water travel.

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So at this means.

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Is instead of trying to attend an event
or a conference, et cetera, on a cruise.

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Your crews is going to be your mode of
transportation from your starting point.

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To the other city or location where the
conference or seminar is being held.

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So the actual event is not on the ship.

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The ship is just how
you are getting there.

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Instead of flying or driving
or taking a train, et cetera.

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So luxury water travel has a
whole set of rules of its own.

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As a starting point.

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There is a limit on the amount of
deduction, but in this case, it is limited

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to twice the federal per diem rate.

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For similar travel.

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So for the prior tax year for 2023,
it varies between quarters and months.

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So the highest federal per diem
for the month of January of 2023.

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Was $564 per day.

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So for a cruise for luxury water
travel, that would be double that.

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Which would be $1,128.

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So you would be able to write
off up to $1,128 per day.

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Of luxury water travel.

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There's a few other nuances
that come into play.

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Of course.

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If the cruise has separately stated meals.

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That's limited to your same standard, 50%.

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This isn't really common with
cruises, but sometimes you can

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purchase like an additional meal
package, something like that.

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And these limitations
would come into play.

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So as you can see, there are
two very different methods.

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For potentially being able to write
off a cruise as a business expense.

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Now, something that I have heard people
suggest is that if you are going to

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a seminar or a conference that is
on a cruise, And if it goes to any

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ports that are outside of the U S.

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But it's a us registered ship, which
is still a really, really unlikely.

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But they suggest you use
this daily per diem instead.

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And that doesn't work.

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It specifically lists that there
is an exception to this luxury

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travel daily per diem method.

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That you can not apply it to any expense
that is applicable to a convention

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seminar or meeting on a cruise ship.

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Let's recap.

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Two different versions.

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Attending a seminar or
conference on a cruise ship.

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Almost never going to be deductible.

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The ship has to be us registered and it
can basically only go to us territories.

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If it happens to meet those
two requirements, then the

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expenses kept a $2,000.

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Your other option of luxury water travel.

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Gives you a daily cap that is
two times the federal per diem.

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But this would not apply to.

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A cruise where the conference
or event was on board.

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This would only apply if
you were using the ship.

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To get from point a to the final
destination where the conference

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or seminar was being held.

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Microphone (Shure MV7)-7:
It's also important to note.

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That in either of these
cases, there might be.

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Some expense that is still deductible.

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If it is not tied into the
direct cost of the cruise.

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For example, like in the circumstance
where the conference or seminar is held

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on the cruise ship, even if that is not
deductible your travel to the cruise port.

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And from it might still be deductible.

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If the organization structures it
where the education is priced totally

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separate from the cruise fare.

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Those are two different
things you pay for separately.

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The education might still be
deductible as a standalone item.

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So there might be some nuance
to it that does allow you to

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still write off some things.

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But it's not super easy to write
off any kind of a conference that is

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being held on the actual cruise ship.

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I think the better option
is to use a cruise ship, to

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get from point a to point B.

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There are pretty often
repositioning cruises.

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Where Cruz starts in one city
and ends in another city.

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Some of these are even
through the Panama canal.

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So if you were going from Florida
where you live to a conference in

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California, then you could take a
cruise from one place to the other

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And potentially have that be a
deductible expense to your business.

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As I mentioned at the beginning of
the episode, I did try to find some

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court cases, some memos, some more
interesting information related to.

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This specific event of attending.

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Conferences held on cruise
ships and I couldn't find one.

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So if you've got a court case or
something, you've come across,

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please feel free to send it to me.

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But one of the more interesting
ones I did come across.

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Was a tax court memo from 1998.

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And this memo related to someone who did
attend a seminar, held on a cruise ship.

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So in 1993, this taxpayer attended
the second annual seminar at sea.

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and this was held a board of
Royal princess cruise line.

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And this ship went from England
and sailed to several different

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ports in Scandinavia and Russia.

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It was originally set up to be an
educational seminar that was hosted

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by experts in the field of travel.

00:14:47.633 --> 00:14:53.003
So it was designed to help you learn
about travel writing and travel

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photography by two leading experts.

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One of the two experts was
unable to attend the cruise.

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And that really led to the overall
amount of teaching and business purpose.

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Being pretty minimal.

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So this cruise was two weeks total
and across the entirety of the cruise.

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There was only five and a half hours
of any kind of formal instruction.

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And that was it for actual conference
or seminar time on the cruise ship.

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So again, Wasn't likely deductible
to start with because it was based

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on the premise of a conference
or education on a cruise.

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But then even more.

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So the fact that there wasn't
even two full days, like two full

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business purpose days of teaching.

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There was five and a half hours
in total across the 14 days.

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Really hard argument to make that claim.

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The taxpayer originally indicated.

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That they signed up for the
cruise for educational purposes.

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And that was the original intent.

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However, they then said that they
changed their thoughts on it and

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really shifted their mindset from
it being an educational cruise.

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And then when the one expert dropped out.

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They looked at it as a way to focus on
their photography skills and use it as

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an opportunity to take over 900 photos
between each of the ports they visited.

00:16:24.543 --> 00:16:28.803
But that still doesn't necessarily
make that a deductible cruise.

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Microphone (Shure MV7)-8: And all
in all the total cost of the cruise.

00:16:33.573 --> 00:16:37.623
Including meals, airfare, and
all of the land tours that they

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took was just over $12,000.

00:16:41.743 --> 00:16:45.973
As a result of the cruise to prove
that this was a business related

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activity and income generated item.

00:16:48.763 --> 00:16:53.803
The taxpayer did publish one article
related to the cruise and the travel.

00:16:54.253 --> 00:16:58.333
For which they were compensated $150.

00:16:58.823 --> 00:17:03.023
So in this court case, the court noted
that they were particularly influenced

00:17:03.053 --> 00:17:05.513
by the taxpayer's failure to consider.

00:17:05.873 --> 00:17:09.173
Whether the income they could
generate from a particular trip.

00:17:09.593 --> 00:17:13.673
Would be an excess of the
expenses related to the trip.

00:17:14.193 --> 00:17:17.703
They noted that in fact, the
income producing potential of

00:17:17.703 --> 00:17:21.483
a trip didn't really seem to be
of much concern to the taxpayer.

00:17:22.113 --> 00:17:25.803
They said it appears that the
taxpayer would first decide on

00:17:25.803 --> 00:17:29.973
a destination and spend whatever
amount they wanted to travel there.

00:17:30.543 --> 00:17:34.113
And they did not consider at all,
if that would actually have any kind

00:17:34.113 --> 00:17:35.913
of income potential as a result.

00:17:36.333 --> 00:17:37.623
That was an afterthought.

00:17:38.133 --> 00:17:43.743
So not only was this cruise
disallowed as a business expense.

00:17:44.343 --> 00:17:47.643
Most of their expenses were
disallowed as a business expense.

00:17:48.093 --> 00:17:51.723
Because at the end of the day,
they could not prove to the court.

00:17:52.053 --> 00:17:55.083
That they had a valid business
motive where they were engaged

00:17:55.083 --> 00:17:56.733
in a for-profit activity.

00:17:57.633 --> 00:18:01.473
That was really the only case
I could find on this, but I do

00:18:01.473 --> 00:18:04.743
think it ties into something else
we're seeing more and more of.

00:18:05.253 --> 00:18:08.853
Which is social media
influencers telling people.

00:18:09.273 --> 00:18:13.443
That you can write off your vacations,
become a travel blogger, take your

00:18:13.443 --> 00:18:15.513
kids to Disney, write a blog about it.

00:18:15.963 --> 00:18:17.763
Eventually you'll monetize it.

00:18:17.763 --> 00:18:21.663
And then you'll be an Amazon affiliate
and you'll make $4 this year.

00:18:22.053 --> 00:18:24.303
And, but you got to ride
off all these trips.

00:18:25.023 --> 00:18:30.753
This court case is an excellent
example of why you should not do that.

00:18:31.023 --> 00:18:36.003
There's pretty clear factors for when
something is a business or a hobby.

00:18:36.393 --> 00:18:40.293
And it does get blurry when enjoyable
things like traveling, start

00:18:40.383 --> 00:18:42.513
creating large sources of income.

00:18:43.023 --> 00:18:47.603
But unless you're already a regular
journalist or someone who is being paid

00:18:47.603 --> 00:18:52.193
a significant amount for your monetized
blog or your articles, et cetera.

00:18:52.913 --> 00:18:57.353
Assume it's a hobby until you
can really show a profit motive.

00:18:57.813 --> 00:19:01.773
So just a little side note on
another common overlap with

00:19:01.773 --> 00:19:04.233
travel and business, write offs.

00:19:04.933 --> 00:19:06.943
So that's what I have
for you guys this week.

00:19:06.943 --> 00:19:09.373
I know it didn't specifically
relate to real estate.

00:19:09.973 --> 00:19:14.143
But it is something that comes up pretty
often for real estate conferences and

00:19:14.143 --> 00:19:16.883
tax conferences and every other industry.

00:19:17.363 --> 00:19:21.473
So hopefully it helps someone from
making a mistake and spending money

00:19:21.473 --> 00:19:23.813
on something that might not pass.

00:19:23.813 --> 00:19:25.433
If it's ever looked at under audit.

00:19:26.333 --> 00:19:32.063
If you have a court case or an example
or something you've encountered

00:19:32.423 --> 00:19:38.153
related to cruise ships, specific
tax deductions, please reach

00:19:38.153 --> 00:19:39.593
out to me and share it with me.

00:19:39.593 --> 00:19:41.033
I would love to hear about it.

00:19:41.693 --> 00:19:44.873
I myself am a big cruise enthusiast.

00:19:44.903 --> 00:19:46.373
I am getting ready.

00:19:46.373 --> 00:19:47.573
This upcoming winter.

00:19:47.933 --> 00:19:49.613
To do a transatlantic cruise.

00:19:49.613 --> 00:19:51.263
I'm pretty excited about that.

00:19:51.743 --> 00:19:56.003
So this was one of those areas
that I dove into head first when

00:19:56.003 --> 00:20:01.103
I got into tax, because obviously
what I wanted to do was take every

00:20:01.103 --> 00:20:02.543
cruise I could and write it off.

00:20:03.113 --> 00:20:07.333
And it was incredibly disappointing
to find out how unlikely that was.

00:20:07.333 --> 00:20:11.623
So I just wanted to share that
disappointment with all of you guys.

00:20:12.133 --> 00:20:15.103
Not really, but kind of
the purpose to share.

00:20:15.103 --> 00:20:18.853
It was so that you can avoid
making a mistake and you now

00:20:18.853 --> 00:20:20.323
have the information you need.

00:20:20.803 --> 00:20:22.093
To decide if.

00:20:22.783 --> 00:20:27.403
A cruise or using a cruise ship to get
to a conference or to a business event.

00:20:27.403 --> 00:20:31.723
I can result in a deduction
for your business.

00:20:32.293 --> 00:20:33.643
So as always.

00:20:34.063 --> 00:20:37.753
If you guys found value in this
episode, I would love if you would

00:20:37.753 --> 00:20:40.963
share it with someone, you know, someone
else that you think would enjoy it.

00:20:41.383 --> 00:20:42.913
Leave a five star review.

00:20:42.913 --> 00:20:44.203
If you are so inclined.

00:20:44.683 --> 00:20:51.253
If you've got a good cruise ship
tax-related court case or article

00:20:51.253 --> 00:20:52.873
or something, you've come across.

00:20:52.873 --> 00:20:53.443
Please.

00:20:53.443 --> 00:20:54.703
Please share it with me.

00:20:54.703 --> 00:20:56.593
I'll link below to my socials.

00:20:57.103 --> 00:21:01.063
And as always, I will talk
to you guys next week.

00:21:01.384 --> 00:21:03.723
Mhm.