Spouse's 485, EAD out of pocket expense tax deductible?

[infostarved]

I've seen discussions here and there about this topic. Specifically, a discussion at http://www.immigrationportal.com/showthread.php?t=163965&highlight=gc+tax+deductibl e which I thought was hopelessly irrelevant to the thread title. So I decided to start a new one.

As it turns out my company will not pay for my spouse's AOS expenses even though it pays for mine. I know some companies that pay both (mine used to be one not very long ago).

There's a lot of argument about whether immigration expenses are work-related or personal. In many cases, the spouse cannot work if it werent for and EAD. There would be no EAD if it werent for a pending 485. Many people argue that EAD and 485 out of pocket expenses are therefore tax-deductible.

Anyway, I think I should be able to claim it as a deduction and my logic is much simpler. When my company used to foot that bill for people, it never added it to their W-2 income. Now if it's not tax deductible, shouldn't it add it to your W-2 just like they would add the rent for a company-paid apartment to your W-2? Ergo, tax-deductible.

Comments?

 

[IN_LC]

I've seen discussions here and there about this topic. Specifically, a discussion at http://www.immigrationportal.com/showthread.php?t=163965&highlight=gc+tax+deductibl e which I thought was hopelessly irrelevant to the thread title. So I decided to start a new one.

As it turns out my company will not pay for my spouse's AOS expenses even though it pays for mine. I know some companies that pay both (mine used to be one not very long ago).

There's a lot of argument about whether immigration expenses are work-related or personal. In many cases, the spouse cannot work if it werent for and EAD. There would be no EAD if it werent for a pending 485. Many people argue that EAD and 485 out of pocket expenses are therefore tax-deductible.

Anyway, I think I should be able to claim it as a deduction and my logic is much simpler. When my company used to foot that bill for people, it never added it to their W-2 income. Now if it's not tax deductible, shouldn't it add it to your W-2 just like they would add the rent for a company-paid apartment to your W-2? Ergo, tax-deductible.

Comments?

I think....

If company adds AOS expenses to your W2 then you have to pay tax and employer has to pay tax on it. But if employer dont add it to your income employer saves tax (FICA, FUTA, SUI etc...).