Introduction
Many taxpayers continue to assume that a grab‑bag category called “miscellaneous deductions” works the same way it did prior to the Tax Cuts and Jobs Act. That belief leads to missed savings and filing mistakes. The TCJA suspended miscellaneous itemized deductions subject to the 2% of adjusted gross income (AGI) floor for tax years 2018 through 2025; however, similar expenses may still be deductible under different rules — especially if you’re self‑employed, a qualified performing artist, a fee‑basis government official, or you incur business expenses for rental property or investment interest.
This article explains which common expenses people overlook, where they can still be claimed, and what documentation the IRS expects. It also links to detailed guides on home‑office and vehicle deductions so you can follow up on recordkeeping and forms.
Key change you must know (short):
- The 2% miscellaneous itemized deduction is suspended through tax year 2025 (Tax Cuts and Jobs Act). See IRS guidance: Publication 529 and IRS summary of TCJA provisions. (IRS)
What taxpayers actually miss — and how to claim these expenses
- Business expenses for the self‑employed (not “miscellaneous”)
- Why it’s missed: Many people treat work‑related purchases the same whether they’re W‑2 employees or self‑employed. Only self‑employed taxpayers claim ordinary and necessary business expenses on Schedule C (or Schedule F for farming). These reduce self‑employment income and are not subject to the suspended 2% floor.
- Typical missed items: Office supplies, software subscriptions, business travel, client meals (subject to limits), marketing, continuing education directly related to the trade, and home‑office expenses.
- Where to report: Schedule C (Form 1040); home office expenses use Publication 587 and, if itemizing actual expenses, Form 8829 or the simplified square‑footage method. See our Home Office Deduction guide for documentation standards.
- Authority: IRS Publication 535 (Business Expenses) and Publication 587 (Business Use of Your Home).
- Home office deduction — properly documented
- Why it’s missed: Remote employees and those with side gigs often think they can’t claim anything unless they’re full‑time self‑employed. Only taxpayers with self‑employment income can claim the home office deduction; employees cannot claim it for years 2018–2025.
- What qualifies: A regularly and exclusively used area for business or a space used to meet clients. Use either the simplified deduction (fixed rate per square foot) or actual expenses (portion of mortgage interest, utilities, insurance, repairs). Keep floor plans, photos, and a log of time if needed.
- More detail: See IRS Publication 587 and our article Documenting Home Office Expenses Under Current Rules.
- Internal link: Home Office Deduction — https://finhelp.io/glossary/home-office-deduction/
- Vehicle and mileage deductions for business use
- Why it’s missed: Drivers mix personal and business miles without contemporaneous records. The IRS requires adequate records to claim either the standard mileage rate or actual car expenses.
- How to claim: Self‑employed taxpayers report vehicle business use on Schedule C; rental property owners may claim car expenses on Schedule E when related to the rental. Choose the standard mileage rate or actual costs; maintain trip logs, odometer readings, and receipts.
- Internal link: How to Document Miles and Vehicle Use for Tax Deductions — https://finhelp.io/glossary/how-to-document-miles-and-vehicle-use-for-tax-deductions/
- Authority: IRS Publication 463 (Travel, Gift, and Car Expenses).
- Investment interest vs. investment advisory fees
- Why it’s missed: Prior to 2018 many taxpayers deducted investment advisory fees as miscellaneous itemized deductions. That category is suspended. Investment interest expense, however, is still deductible (with limits) and is reported on Form 4952.
- What to do now: Track interest you pay on loans used to buy taxable investments; you can deduct investment interest up to your net investment income. Advisory fees are generally nondeductible for individual taxpayers through 2025 unless they are charged to a business entity.
- Authority: IRS Publication 550 (Investment Income and Expenses).
- Tax preparation fees and professional advice
- Why it’s missed: Tax prep fees used to be miscellaneous itemized deductions. For individual taxpayers the deduction is suspended 2018–2025. However, if the fee relates to self‑employment, rental real estate, or a business partnership, it remains deductible on the appropriate business schedule or entity return.
- Practical tip: Separate personal tax prep costs versus fees allocable to business income; only the latter are deductible now.
- Certain legal fees and continuing coverage for workplace claims
- Why it’s missed: Some legal fees still qualify depending on the case — for example, fees to collect taxable income or obtain advice about business matters are deductible as business expenses. Personal legal fees and many employment‑related legal expenses for W‑2 workers are often nondeductible.
- Authority: IRS Publication 529 and specific legal guidance — treat on a case‑by‑case basis and retain invoices and retainer agreements.
- Educator expenses and other above‑the‑line subtractions
- What’s deductible: Eligible educators can deduct unreimbursed classroom expenses (an adjustment to income). Student loan interest, self‑employed retirement plan contributions, and health insurance for the self‑employed remain above‑the‑line and reduce AGI.
- Why it matters: Even if itemized miscellaneous deductions are suspended, above‑the‑line deductions still lower AGI and can increase eligibility for credits and phaseouts.
- Authority: IRS guidance on educator expenses and Form 1040 instructions.
Common mistakes and how to avoid them
- Treating W‑2 employee expenses as deductible when they’re not (2018–2025 suspension). Document employer reimbursement policies and save any employer reimbursement forms (e.g., accountable plan reimbursements are nontaxable to the employee).
- Mixing personal and business receipts without contemporaneous logs. Use apps or a simple spreadsheet and store digital receipts.
- Failing to claim self‑employment deductions on Schedule C and instead looking only under itemized deductions. Review your 1099s and W‑2s at year‑end.
- Misclassifying investment fees vs. investment interest. Track loan proceeds and retain statements that show what the borrowed funds purchased.
Recordkeeping checklist (minimum)
- Receipts and invoices for expenses claimed.
- A mileage log or contemporaneous app with dates, mileage, purpose, and destinations.
- Proof of business use for the home (floor plans, photos, percentage of home used for business).
- Contracts, engagement letters, and proof of payment for legal and advisory services.
- Bank and credit card records that corroborate claims.
Practical examples (illustrative)
- Example A: A freelance graphic designer bills $20,000 of income and spends $2,500 on software subscriptions, $1,200 on a dedicated internet plan for the studio, and $1,800 on a home office allocation. Those are claimed on Schedule C; the home office can be simplified or actual method. These reduce net self‑employment income and lower both income and self‑employment tax.
- Example B: A W‑2 employee pays $600 to a CPA for tax prep covering a personal return. That fee is not deductible on the 2024 return if the expense is personal. If part of the fee relates to a rental property schedule, that portion is deductible on Schedule E.
When to consult a professional
- If you have mixed income (W‑2 + 1099), rental properties, or complex investment borrowing, work with a CPA or enrolled agent. I often see clients lose deductible business expenses because they don’t separate business activity from employment income. A short planning session can often increase after‑tax income and reduce audit risk.
Authoritative sources and further reading
- IRS Publication 529, Miscellaneous Deductions (summary and suspension of the 2% rule). (IRS)
- IRS Publication 535, Business Expenses. (IRS)
- IRS Publication 587, Business Use of Your Home. (IRS)
- IRS Publication 463, Travel, Gift, and Car Expenses. (IRS)
Internal resources
- Home Office Deduction — https://finhelp.io/glossary/home-office-deduction/
- How to Document Miles and Vehicle Use for Tax Deductions — https://finhelp.io/glossary/how-to-document-miles-and-vehicle-use-for-tax-deductions/
- Common but Overlooked Tax Deductions for Employees — https://finhelp.io/glossary/common-but-overlooked-tax-deductions-for-employees/
Professional disclaimer
This is educational content and not individualized tax advice. Tax law changed under the Tax Cuts and Jobs Act and the suspension of miscellaneous itemized deductions subject to the 2% floor remains in effect through 2025. For personalized guidance and to confirm current limits, deadlines, and forms for your tax year, consult a licensed CPA, enrolled agent, or the IRS directly.
Bottom line
The headline rule is simple: the old catch‑all “miscellaneous” bucket that reduced taxable income by amounts over 2% of AGI is suspended through 2025. That doesn’t mean those expenses are always nondeductible; many are deductible elsewhere (Schedule C, rental schedules, Form 4952 for investment interest, or as above‑the‑line adjustments). Careful classification, solid documentation, and early planning are the most reliable ways to capture deductions and reduce audit risk.