I have this item in my pay stubs:

Non-Reimbursable Expenses

I wonder if I can deduct it. My employer told me that it is for 'legal and accounting expenses'. My W-2 makes no mention of it. The total for the year is more than 2% of AGI.


  • Is it something you spent at the employer's request? – littleadv Feb 4 '14 at 4:00
  • @littleadv No, I didn't spend it. They just take it. – TaxNwb Feb 4 '14 at 4:10
  • Who? What do you mean "just take it"? – littleadv Feb 4 '14 at 4:15
  • @littleadv My employer. I mean this item takes money from every pay stub I get, without me spending anything. – TaxNwb Feb 4 '14 at 4:21
  • for what purpose? It doesn't make sense... Employer just taxes money from your after tax pay without your permission? – littleadv Feb 4 '14 at 4:22

You can only deduct (with the 2% AGI threshold) expenses that:

  1. You've actually incurred. I.e.: you actually paid for equipment or services provided and can show receipts for the payment.

  2. At the request of the employer. I.e.: you didn't just decide on your own to buy a new book or take a class, your employer told you to.

  3. With business necessity. I.e.: it was in order for you to do your job.

  4. And you were not reimbursed by your employer.

I.e.: you went somewhere and spent your after tax money on something employer explicitly told you to pay for, and you didn't get reimbursed for that.

From your story - these conditions don't hold for you.

As I said in the comments - I strongly suggest you talk to a lawyer. Your story just doesn't make any sense, and I suspect your employer is doing something very fishy here.

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