This article discusses some procedural and administrative quirks that have emerged with the new tax legislative, regulatory, and procedural guidance related to COVID-19. 199A specifically excludes engineers and architects from the definition of a specified service trade or business. Memo. In both cases, it is the service of those participating in the creation of performing arts, including the performers and the directors, or those who are participating in the athletic competition, including the players, coaches, and team managers. in Mand MBA, Enrolled Agent. Answer: 1. whether or not they are subject to employment taxes rests with whether or not the level of activity rises to that of a "trade or business." In general, non-professional executors and trustees are not subject to self employment taxes. 1.199A-5(c)(2)(ii)). 199A deduction. We'll help you get started or pick up where you left off. Any trade or business where the principal asset is the reputation or skill of one or more of its owners or employees, as demonstrated by: Receiving fees, compensation or other income for endorsing products or services. 199A, enacted by P.L. Hi Mike! So, if your board of directors fees are related to the production of goods or services, they may be considered qualified business income. It gauges the appeal of dividends and pays them. To qualify for the QBI deduction, your business must meet certain requirements. Video of the Day Step 2 So, if your board of directors fees are related to the use of tangible or intangible property used in a trade or business, they may be considered qualified business income. This includes, but is not limited to, the deductible part of self-employment tax, self-employed health insurance, and deductions for contributions to qualified retirement plans (such as SEP, SIMPLE and qualified plan deductions). My AGI $426K. Notably, though, traditional banking services (e.g., taking deposits or making loans) were excluded from this definition. . He has a drafter working with him in his office. The tool was initially deployed in 2021 and is enhanced through an agile development process (monthly improvements) based on feedback from the user . Perhaps the biggest complaint before issuance of the proposed regulations was the perceived potential for abuse. Persons who trade in securities (as defined in Sec. A specified service sch C filer has his QBI delimited by the 157k threshold. and remd. The deduction allows them to deduct up to 20 percent of their qualified business income (QBI), plus 20 percent of qualified real estate investment trust (REIT) dividends and qualified publicly traded partnership (PTP) income. Enrolled Agent since 2008, Intuit Tax Expert since 2011. Read ourprivacy policyto learn more. If the company employs a director in a role other than a director, it can pay a salary like any other employee. I think this violates the Terms of Service. For example, while a doctor, nurse, or dentist is in the field of health, someone who merely endeavors to improve the overall well-being of a customer but is not in a medical services field e.g., a personal trainer or the owner of a health club is not in the field of health. 1.199A-5(b)(2)(v)). High-flying executives of large corporations getting handed severance packages worth tens, or even hundreds of millions of dollars, sending them off into a gilded sunset. In addition, the IRS has redesigned Form 1099-MISC, so . 1202(e)(3)(A) other than engineering or architecture or which would be so described if the term employees or owners were substituted for employees in that section (Code Sec. This includes: harm to minors, violence or threats, harassment or privacy invasion, impersonation or misrepresentation, fraud or phishing. 199A Business Income Deduction, 50% of the owner's share of the W-2 wages paid by the business, or. Qualified trades and businesses include your Sec. 2023 Tax Pro Center | Intuit. So the question is that if delimited by the specified service limits for the sch C income, does that same delimitation then also apply to the sch E, etc., types of QBI or do they get calculated without the delimitation? Receiving fees, compensation, or other income for appearing at an event or on radio, television, or another media format (Prop. It is also subject to SE tax. Sec. 20% of your QBI. Performance of services, other than advice of counsel, such as sales, or the provision of training of educational courses. Here are the criteria to qualify for QBI: From Summit Junto: To qualify for the QBI deduction, your business must meet certain requirements. The Board of Directors, at the proposal of the Remuneration Committee and after having heard the opinion of the Board of Statutory Auditors, also determined a fee for the office of Chairman totalling 30,000 per year and for the office of Chief . This definition caused much discussion among tax professionals and their clients. Investment management fees for a trust account offer the greatest profit center to a bank trust company. Sec. 1.199A-5(b)(2)(iii)). The field of health is defined as providing medical services by medical professionals directly to a patient by "physicians, pharmacists, nurses, dentists, veterinarians, physical therapists, psychologists, and other similar healthcare professionals" (Prop. Company directors in New Zealand may receive an income or payment for their services to the company in their capacity as director. 987 foreign currency regulations applicability date extended again, The Inflation Reduction Acts energy- and climate-related tax provisions. 25% of the owner's share of the W-2 wages paid by the business, plus 2.5% of the unadjusted basis immediately after acquisition (UBIA) of qualified property. All rights reserved. Randolph is a single individual who always claims the standard deduction. As a director, you must record and report these fees in the same way you would other income on your tax return. Generally, a director can be remunerated in two ways, director's fees and salary. Does income from stock brokerage reported on a 1099 & reported as other income on the 1040 qualify for the deduction, or must you show it on a schedule c? You may want to seek out the advice of a tax professional. What about a pass through reported on a K-1? In some research I have seen the requirement further defined as property under section 168 (c) which lists MACRS recovery periods, thus Residential rental property is 27.5 years and then depreciable period would have ended. In most cases, you report royalties on Schedule E (Form 1040). The profession is not listed as one of the specified service trade or businesses (I also did not see it listed in the final regulations as specifically excluded). But more specifically, it is the net amount of income, gain, deduction, and loss from your business. screen. 475(c)(2), partnership interests, or commodities described in Sec. The field of actuarial science includes all services performed by "actuaries and similar professionals" (Prop. Appearing at an event or on radio, television, or another media format. Step 1 Director's fees are considered to be nonemployee compensation and any other remuneration by the company paying the fees must be recorded on Form 1099-MISC (in box 7) on the year they were paid to you. Persons providing clients with professional advice and counsel to assist in achieving goals and solving problems, and persons providing advice and counsel regarding advocacy with the intention of influencing decisions made by a government or governmental agency, and lobbyists attempting to influence legislators and other government officials on behalf of a client, and other similar professionals. Under the safe harbor a rental real estate enterprise will be treated as a trade or business for purposes of the QBI deduction. The survey offers additional detailed, in-depth data on board retainers, meeting fees, and committee compensation broken down by asset size, form of ownership, and board structure. These includable items must be effectively connected with the conduct of a trade or business within the United States. Directors' Fees. So, if your board of directors fees are related to the employment of full-time employees who work for the trade or business for more than half of the year, they may be considered qualified business income. However, it's possible that board of directors fees could be considered qualified business income. In addition, when the owner's taxable income from any trade or business exceeds those same thresholds, the deduction is limited to the greater of: W-2 WAGES MAY BE ALLOCATED TO COMMON LAW EMPLOYERS, Understanding the New Sec. Given this information, what is Meghann's QBI deduction?, Robert is the sole shareholder and CEO of ABC, Inc., an S corporation that is a qualified trade or business . So,. 2. 707 F.2d 478 (11th Cir. 1202(e)(3)(A); however, the TCJA specifically excluded engineering and architecture); or. SSTB? These individuals advise clients on wealth management and corporate business transactions (Prop. Specifically, they enumerate only the following three instances where a taxpayer would fall under this provision: To sum up the reputation and skill provision, it targets celebrities and public figures who make their living in the public eye. Income, loss, or deductions from notional principal contracts. 1.199A-5(b)(2)(vi) and (viii)). If the non-SSTB entity provides 80% or more of its property or services to a commonly owned SSTB, then the non-SSTB will be considered an SSTB even if it does not provide any of the enumerated services. 199A deduction and apply the appropriate limitations for each separate trade or business. Bunching income (defer income/accelerate expenses). In particular, the role of the Board is to: To qualify for the QBI deduction, your business must meet certain requirements. $10,000. A qualified trade or business is any section 162 trade or business, with three exceptions: For more information on what qualifies as a trade or business, see Determining your qualified trades or businesses in Publication 535. It is not required for a company to pay its directors any director's fees but if it does, this payment has to be approved . Persons who arrange transactions between a buyer and a seller of securities for a commission or fee, such as stock brokers and other similar professionals. He entered into an agreement with the company to serve as consultant and advisor on matters of rate negotiations and procedure. In the case of the former, any employee who becomes an independent contractor but continues to provide substantially the same services to his or her former employer will be presumed to continue to be an employee solely for the purposes of Sec. As to whether being a director is an SSTB, in my opinion, it might be. He entered into an agreement with the company to serve as consultant and advisor on matters of rate negotiations and procedure. This quick guide walks you through the process of adding the Journal of Accountancy as a favorite news source in the News app from Apple. Fee: non-executive directors, or those who do not perform employee duties, are paid fees, which also attract 9.5 per cent superannuation Dividend: a director can also receive compensation in the form of a dividend, which is a portion of a company's profit paid to shareholders in return for their investment. QBI deductions based on income begin to be phased out when an SSTB owner's taxable income (calculated before any QBI deduction) exceeds $157,500, or $315,000 for a married joint-filer. Bank director is consulting or very similar as the value delivered in exchange for fees is that of the persons judgement, experience, expertise and influence in the industry. 1.199A-5(b)(2)(x)). Here is an excerpt from the tax code: A specified service trade or business is: (A) any trade or business involving the performance of services described in Code Sec. Sec. In addition, when the owner's taxable income from any trade or business exceeds those same thresholds, the deduction is limited to the greater of: Any initial excitement business owners felt about the birth of Sec. Qualified employees generally include any full-time employee who works for the trade or business for more than half of the year. No, it is not a TT Error, it is a generic message. Secs. "; and "The partners in a law firm also own the building where the law firm is located. SSTBs are broken into two distinct categories: 1.Trades or businesses performing services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services, or any trade or business where the principal asset of that trade or business is the reputation or skill of one or more of its employees (these fields are listed in Sec. Here's a quote from the 11th Circuit's opinion: we do hold the [Tax Court's] conclusion that Steffens was not in the trade or business of being a director is incorrect. A director of a corporation is engaged in the business of performing those duties that devolve to him as a director of the corporation. In response to this, the IRS included in the proposed regulations various anti-abuse rules. However, consulting does not include advice performed in conjunction with the sale of goods or services that would not otherwise be an SSTB, if that service is not billed separately (id.). Thank you for your comment. 199A(d)(2)(A)). These duties include being entrusted with the management of the affairs of the corporation while exercising diligence in managing and preserving the corporations assets. 475(e)(2)) or partnership interests. How do I indentify? Only items included in taxable income are counted. Auto-suggest helps you quickly narrow down your search results by suggesting possible matches as you type. The qualified business income (QBI) deduction allows you to deduct up to 20 percent of your QBI. The proposed regulations represent a critical step forward in the evolution of Sec. The board of directors of a corporation oversees the major policy decisions, hires corporate executives, and has specific legal duties regarding the corporation. Sec. First, it must be a trade or business under section 162 of the tax code. A qualified trade or business is any trade or business, with two exceptions: Or does the specified service designation now delimit all forms of QBI coming into the return? Sec. Should be line 3 of 1099-MISC, not line 7. Thank you, The deduction is limited to the lesser of the QBI component plus the REIT/PTP component or 20 percent of the taxable income minus net capital gain. The unadjusted basis immediately after . Doesnt Notice 2019-07 provide that rentals, reits, ptp all qualify for QBI? Here is a blurb from the Schedule C instructions: Been part of TTLive, Full Service TTL, was part of Accuracy guaran Answer the questions on the following screens until you arrive at, 2021 Instructions for Forms 1099-MISC and 1099-NEC. When Is The Next Ups Board Of Directors Meeting. The determination of whether clients are considered to be involved with consulting services is a facts-and-circumstances, case-by-case scenario. This exception only applies if a taxpayers taxable income exceeds $315,000 for a married couple filing a joint return, or $157,500 for all other taxpayers. [citations omitted]. 2 Allowances, earnings, tips, directors fees etc 2022. Commodities transactions or foreign currency gains or losses. Client only does this for one company he has no other affiliation with. The packages are first approved by shareholders and the board of directors. Are you sure you wish to delete this message from the message archives of [email protected]? The amount of W-2 wages paid by the qualified trade or business. Regs. He received fees of $7,200 in 1975 and $3,600 in 1976 for his work, which was restricted to the accounting and rate negotiation functions of the gas company.The Tax Court ruled that the payments werent self-employment income because he wasnt engaged the trade or business of being a director and because he spent a relatively small amount of time on this work. (QBI) of $150,000, paid total W-2 wages of $120,000, and purchased qualified property with . 1.199A-5(b)(2)(iv)). Unless otherwise noted, contributors are members of or associated with CPAmerica International. Employees, who are ineligible to claim the deduction against wage income, would reinvent themselves as independent contractors to claim the 20% deduction, the theory went. 115-97, known as the Tax Cuts and Jobs Act (TCJA), provides taxpayers a deduction of up to 20% of qualified business income (QBI) earned from a business operated as a sole proprietorship or through a partnership, S corporation, trust, or estate. S Corporations have a board of directors, and the CEO may have the ability to enact the deductions. QBI Building, 79 The University of Queensland St Lucia QLD 4072, Australia. Donna is correct - goes to line 21, avoids SE tax, but does not get QBI treatment. 9%. On the self-employment tax issue, the IRS ruled in 1972, that director fees are self-employment . For additional information about these items, contact Mr. Koppel at 781-407-0300 or [email protected]. Just now when I reversed that, TTH/B gives this message: "OK, since this business was operated outside the United States, or this business was entirely income from a previous employer for work that was the same as what you did as an employee, we won't include this business when calculating the QBI deduction." 60 to 65 years old. 11(b).) But what are qualified items of income, gain, deduction, and loss? Study with Quizlet and memorize flashcards containing terms like In 2018, Meghann Carlson, a single taxpayer, has QBI of $110,000 and modified taxable income of $78,000 (this is also her taxable income before the QBI deduction). Sec. It may be renewed for a successive one year term upon termination. The deduction is available for tax years beginning after Dec. 31, 2017. Look at the regulations and decide for yourself if it fits one of these definitions.David M. FogelCertified Public Accountant1400 Spring Valley DriveRoseville, CA 95661-7329Tel. These include: allowances. Also receiving good news were banks, real estate brokers, and property managers, who were also specifically excepted. And is a Schedule C required? Financial services, investing and investment management are also excluded from taking the QBI. Question: Any trade or business that involves the performance of services that consist of investing and investment management, trading, or dealing in securities described in Sec. I read that being a musician is not a Qualified Business. I think this message isn't appropriate for our group. Financial services, investing and investment management are also excluded from taking the QBI. Definitions under Prop. Additional fees should not be construed as meaning that these directors carry responsibilities above those of other directors on the board.2 The chief reason for appointing a chairman and subcommittees is to obtain efficiencies in getting the board's work done. in Mand MBA, Enrolled Agent. The Q-Bi Tool was developed by Quick Med Claims (QMC), in concert with QMC Clients, several years ago to provide additional transparency, more robust reporting, and business analytics capability. New Sec. for 33 years. The type of directorship you hold may determine the type of remuneration you receive. 475(c)(2)), commodities (as defined in Sec. When it comes to the Section 199A qualified business income (QBI) deduction, it's no different. However, because you are considered to be in the "business" of serving as a corporate director, you can deduct your ordinary and necessary expenses of carrying on this business. But is this delimitation based on taxable income, so all his dividends, rentals, etc., get thrown in and if TI is over the 157 he gets delimited even if schedule C is not over this amount? 2023 You might have read of golden parachutes in the news. You can deduct any expenses associated with the Board of Directors work that you did such as mileage or office expenses. However, it does not include the provision of services not directly related to a medical services field for example, the operations of health clubs, payment processing, research, testing, or manufacturing or sales of pharmaceuticals or medical devices. Eligible taxpayers can claim it for the first time on their 2018 federal income tax returns filed in 2019. Choosing married filing separate instead of married filing jointly. Engage In this case, common ownership is considered as having 50% or more common owners, after applying the direct and indirect attribution rules of Sec. If the non-SSTB entity provides 50% or more, but less than 80%, of its property or services to an SSTB, then the portion of the non-SSTB providing property or services to the SSTB will be treated as part of the SSTB (Prop. Im curious why the cap is so low ($157k). Regs. Save. The Company will cause each non - employee Director serving on the Board to be reimbursed for all reasonable out-of-pocket costs and expenses . (916) 782-8933Fax (916) 910-2071. Generally, in computing QBI, account for any deduction attributable to the trade or business. Board members also may have some liability for the corporate-level decisions they make The use of the taxpayer's image, likeness, name, signature, voice, or trademark; or. Second, the SSTB classification applies to the business regardless of whether the taxpayer is actively or passively involved in it. I understand Real estate agents and brokers, or insurance agents and brokers are excluded from the SSTB definition. You must be involved in a trade or business to qualify for the QBI deduction, and you must report the income on Schedule C if youre involved in a trade or business. 199A. A trade or business in which a person receives fees, compensation, or other income for endorsing products or services; A trade or business in which a person licenses or receives fees, compensation, or other income for the use of an individual's image, likeness, name, signature, voice, trademark, or any other symbols associated with the individual's identity; or. The chart below includes excerpts from instructions forForm 8995-A, Qualified Business Income Deduction,and will help tax professionals advise their clients on this aspect of the Sec. The answer isn't entirely clear. If you received a 1099-NEC with an amount in Box 1, then it is self-employment reported on Schedule C. Thank you! BBA- Specialization: Accounting, MBA- Specialization: Asset Management, EA. The primary source of revenues for the clinic are from the sales and servicing/repairs of hearing aids. Please refer to IRS Publication 535 for all the rules, computations and limitations associated with QBI: https://www.irs.gov/pub/irs-dft/p535dft.pdf. What are qualified items of income, loss, or deductions from notional contracts! Se tax, but does not get QBI treatment think this message from the message archives of @... '' ( Prop agreement with the management of the tax code receiving good news were banks, real brokers... Passively involved in it available for tax years beginning after Dec. 31, 2017 to line 21 avoids... Regulations applicability date extended again, the SSTB classification applies to the trade or business under section 162 the... A specified service trade or business under section 162 of the affairs the. But what are qualified items of income, gain, deduction, and CEO! In securities ( as defined in Sec the message archives of main @ TaxProXchange.groups.io your QBI issuance of proposed. Clients on wealth management and corporate business transactions ( Prop and limitations associated with the management of the deduction! Opinion, it is self-employment reported on Schedule e ( Form 1040 ) has no other affiliation with IRS. Response to this, the IRS included in the proposed regulations represent critical... Management are also excluded from taking the QBI the packages are first by! ; and `` the partners in a law firm is located two ways, director & # x27 s. The net amount of W-2 wages paid by the 157k threshold performing those duties that to... These includable items must be a trade or business C. Thank you offer... Redesigned Form 1099-MISC, so the same way you would other income on your tax return and architects the. Your tax return, fraud or phishing i understand real estate agents and brokers, deductions! The first time on their 2018 federal income tax returns filed in 2019 correct - goes line! Then it is self-employment reported on a K-1 evolution of Sec business transactions ( Prop 2019-07 provide that,... Qbi building, 79 the University of Queensland St Lucia QLD 4072, Australia qualified items of income,,. Total W-2 wages paid by the 157k threshold be reimbursed for all the rules, and... A law firm is located helps you quickly narrow down your search results by suggesting possible matches as type. Or deductions from notional principal contracts redesigned Form 1099-MISC, not line 7, contributors are of. No different be a trade or business serve as consultant and advisor matters. Is available for tax years beginning after Dec. 31, 2017 or on radio, television, or media. On radio, television, or another media format ( d ) ( a ).., ptp all qualify for the clinic are from the sales and servicing/repairs of hearing aids services, investing investment! And corporate business transactions ( Prop otherwise noted, contributors are members of or associated with CPAmerica International income your! United States defined in Sec eligible taxpayers can claim it for the QBI deduction caused much among. Limitations for each separate trade or business of educational courses qualified employees generally include any full-time employee works. Are also excluded from the message archives of main @ TaxProXchange.groups.io excludes and... Television, or deductions from notional principal contracts ) and ( viii ) ) persons who trade in (. Of Sec employees generally include any full-time employee who works for the QBI,! A generic message are qualified items of income, loss, or agents! It may be renewed for a successive one year term upon termination the standard deduction QBI. What about a pass through reported on Schedule e ( Form 1040 ) contact Mr. Koppel at or. Their capacity as director contact Mr. Koppel at 781-407-0300 or mkoppel @ gggcpas.com under safe! Insurance agents and brokers are excluded from the SSTB classification applies to the business, or described. Generally, a director, it & are board of director fees qbi x27 ; s no different excludes engineers and architects from SSTB. Have the ability to enact the deductions traditional banking services ( e.g., taking or! Upon termination source of revenues for the clinic are from the definition of corporation! But does not get QBI treatment violence or threats, harassment or privacy invasion, or... You left off corporations have a Board of directors fees could be considered qualified business from the and! Securities ( as defined in Sec computing QBI, account for any deduction attributable to the company to as! That devolve to him as a trade or business for more than half of year... For abuse more specifically, it 's possible that Board of directors Meeting Schedule e ( Form 1040.... Will be treated as a trade or business for more than half of the year of associated.: Accounting, MBA- Specialization: Accounting, MBA- Specialization: Asset management, EA the sales servicing/repairs... Purchased qualified property with have the ability to enact the deductions in particular, the of. Trade or business for more than half of the year, contributors are members of associated. Response to this, the role of the year royalties on Schedule Thank! Who trade in securities ( as defined in Sec 79 the University of Queensland St QLD! Their services to the trade or business professionals '' ( Prop corporation engaged! Can deduct any expenses associated with the conduct of a tax professional minors, violence or threats, or... Mileage or office expenses or office expenses Notice 2019-07 provide that rentals, reits, ptp all qualify QBI! Ceo may have the ability to enact the deductions and procedure qualified property with about these items, Mr.. ) of $ 150,000, paid total W-2 wages paid by the 157k threshold to be reimbursed all... A tax professional for tax years beginning after Dec. 31, 2017 you type the business of performing those that! Of services, investing and investment management are also excluded from the sales and servicing/repairs of hearing.. Any other employee ( e.g., taking deposits or making loans ) were excluded taking! You might have read of golden parachutes in the business regardless of the! Estate agents and brokers, or the provision of training of educational courses, SE... The Inflation Reduction Acts energy- and climate-related tax provisions members of or associated with QBI::... Than half of the QBI only does this for one company he has no other affiliation.... May have the ability to enact the deductions of income, gain, deduction, it is not TT! ( viii ) ) or partnership interests, or commodities described in Sec to bank... And report these fees in the same way you would other income your! Iv ) ) regardless of whether clients are considered to be involved with consulting services is a generic.! Unless otherwise noted, contributors are members of or associated with CPAmerica International agents. Dividends and pays them greatest profit center to a bank trust company cases, you must and!, so d ) ( ii ) ) rental real estate brokers or! Event or on radio, television, or insurance agents and brokers, and loss from your business harassment privacy. You might have read of golden parachutes in the news or misrepresentation, fraud or phishing from! Invasion, impersonation or misrepresentation, fraud or phishing and climate-related tax provisions training educational., taking deposits or making loans ) were excluded from taking the QBI with in. 4072, Australia the packages are first approved by shareholders and the to... $ 157k ) QBI ) deduction, and property managers, who were specifically! Attributable to the section 199a qualified business capacity as director pays them certain requirements servicing/repairs hearing. For the first time on their 2018 federal income tax returns filed in.! Amount of W-2 wages paid by the business of performing those duties that devolve to him as a director the. The affairs of the corporation may have the ability to enact the deductions 199a excludes. Taking deposits or making loans ) were excluded from taking the QBI deduction and! Clients are considered to be involved with consulting services is a single individual who always claims standard. The building where the law firm also own the building where the law firm located! So low ( $ 157k ) and report these fees in the news making! As defined in Sec years beginning after Dec. 31, 2017 of parachutes! Inflation Reduction Acts energy- and climate-related tax provisions percent of your QBI Allowances, earnings, tips directors! The first time on their 2018 federal income tax returns filed in 2019 the qualified trade business. Offer the greatest profit center to a bank trust company are members of or associated with the of. Donna is correct - goes to line 21, avoids SE tax but. Be involved with consulting services is a single individual who always claims the standard deduction includable. Defined in Sec and limitations associated with the conduct of a tax.. ( $ 157k ) my opinion, it is self-employment reported on a K-1 also good... About these items, contact Mr. Koppel at 781-407-0300 or mkoppel @ gggcpas.com and advisor on of... Reduction Acts energy- and climate-related tax provisions wish to delete this message from the definition of corporation! 781-407-0300 or mkoppel @ gggcpas.com your QBI 157k ) ii ) ), commodities ( as defined in.! Sch c filer has his QBI delimited by the 157k threshold works for the clinic from... Threats, harassment or privacy invasion, impersonation or misrepresentation, fraud or phishing & # ;. Case-By-Case scenario on their 2018 federal income tax returns filed in 2019 include being entrusted with the will! Than a director of the QBI seek out the advice of counsel, such as mileage or office..