$52/80% Meal Allowance Deductible WITHOUT Itemizing?

[dobry4u]

Just a suggestion, you might want to ask dobry4u what her qualifications are before you dismiss her answer so quickly.

BBA University of Michigan majoring in accounting.

Work tax season for a CPA firm.

Also have several Girl Scout badges

[Rev.Vassago]

Also have several Girl Scout badges

That's the part I was hinting at.

[Jumbo]

And she stayed last night at a Holiday Inn Express.

[cybergod]

I've never itemized when taking the deduction. I get my logbooks out and add up the days spent away from the house and do it like that. A couple of different CPA's never had a problem with that. Also, you can take the standard amount or higher amounts depending on where you spent the night. Example: if you log an overnight in NYC the per diem amount jumps over $100. I took to stopping near cities for the night to get the higher deduction. I just wrote them down for the year off of my logs, figured the total amount and used that saving my logbooks in case of an audit to prove I spent the night there.

In response to dle: I am not a tax lawyer or CPA. This is just my experience and where taxes are concerned I would never advise someone to do what I do. Get a CPA knowledgeable about the trucking industry or per diem rates and follow their advice.

Wow, another tax "outlaw" like myself at large....quick, call the IRS storm troopers!

Seriously though, this is what I am talking about. Dobry4u is obviously well versed in
this area, but working for a CPA firm isn't necessarily going to expose you to ALL
approaches to filing. Most CPA firms are firmly, strictly adhering to narrow IRS dictates
and aren't liable to be in ANY WAY aggressive for their clients. At least not in relatively
mundane, everyday-working-stiff affairs like this. They're like H.R. Block: just the plain-
vanilla, super safe toe-the-IRS-line deductions, Ma'am.

As I've asserted before, there is a definite reason why form 2106 is available for deducting
employee expenses separate from (and in addition to) the "itemizing" process. It is also
TYPICALLY MISLEADING of the IRS to (seemingly) limit the eligible parties to "reservists,
performing artists, etc."....as is their limiting statement in the "Notes" section that I believe
Dobry4u refers to. Those who blithely accept their self-serving, narrow "rulings"
-- which aren't actual court rulings -- simply genuflect at the altar of our governmental
"church." But I choose not to, as does the quoted person above....and there are CPA's
THAT AGREE WITH THIS APPROACH. Imagine that!

....Because this particular approach has been shown to be legal and allowable, of course.

I suspect these CPA's (that jonp refers to) aren't exactly anarchist skinhead tax protesters,
either. They're just doing a good job for their clients.

Don't really understand what dle's problem is; I've stated repeatedly now that I'm not
a tax expert and am simply trying to help, and he or she continues to parade his or her
mocking skepticism. That's fine with me; you may grovel at the feet of the IRS and it
won't change my life one iota.

But, really: I "survived an encounter with the IRS"?

Survived? Wow. Not scared of them much, are you?

By the way, jonp, thanks for the post basically supporting my approach. This is the kind of
feedback that makes this forum worthwhile -- not because you agree, but because it helps
open up discussions and ideas, as well as some people's eyes. Unfortunately some folks
mis-read such input as balderdash, just because it removes them from a certain way of
thinking, or challenges a previous belief. Oh, well, that's why we're in this thread I guess...

And I do also appreciate Dobry4u's energetic debate on this; although I probably won't ever
use her services. No doubt she'd throw me out of her office anyway.

Can the Rev explain the nuances of how the tax-free per diem pay -- IF paid by a trucking
employer to an OTR driver -- affects a tax filer like myself, who normally lacks enough
deductions to itemize? I'd appreciate any insights you have. Thanks in advance.

[Rev.Vassago]

Seriously though, this is what I am talking about. Dobry4u is obviously well versed in
this area, but working for a CPA firm isn't necessarily going to expose you to ALL
approaches to filing. Most CPA firms are firmly, strictly adhering to narrow IRS dictates
and aren't liable to be in ANY WAY aggressive for their clients. At least not in relatively
mundane, everyday-working-stiff affairs like this. They're like H.R. Block: just the plain-
vanilla, super safe toe-the-IRS-line deductions, Ma'am.

They're also well versed in tax law, unlike you.

[cybergod]

They're also well versed in tax law, unlike you.

Redundant. Previously acknowledged. But thanks anyway.

[Rev.Vassago]

Redundant. Previously acknowledged. But thanks anyway.

Not redundant at all. She is more knowledgeable about tax law than you, and she says you're wrong. Done. End of story.

[jonp]

Not a problem. The reason that I never itemize is pretty simple. Unless your eating 3 meals a day in a steakhouse and staying at the Ramada overnight you are never going to rack up an amount over your standard deduction. I can't imagine eating up over $50/day. At least I never have and why bother saving all of those receipts? I do save the receipts for items that are job related such as tools I keep in the truck, clothing with the company logo on it, etc.. I never get fancy so fly under the radar. If the IRS wants to waste time on me in an audit I have nothing to fear. The more deductions that you claim, the higher the likelyhood you will meet the IRS up close and in person.

[jonp]

They're also well versed in tax law, unlike you.

Not all CPA's are versed in the trucking industry and like lawyers can specialize in certain areas. I've had a couple of CPA's that through no fault to themselves just didn't do a good job for me because they were not familiar with what we did on the road or the deductions and per diem differences like the different amounts depending on where you spend the night.

[jonp]

Wow, another tax "outlaw" like myself at large....quick, call the IRS storm troopers!

Seriously though, this is what I am talking about. Dobry4u is obviously well versed in
this area, but working for a CPA firm isn't necessarily going to expose you to ALL
approaches to filing. Most CPA firms are firmly, strictly adhering to narrow IRS dictates
and aren't liable to be in ANY WAY aggressive for their clients. At least not in relatively
mundane, everyday-working-stiff affairs like this. They're like H.R. Block: just the plain-
vanilla, super safe toe-the-IRS-line deductions, Ma'am.

As I've asserted before, there is a definite reason why form 2106 is available for deducting
employee expenses separate from (and in addition to) the "itemizing" process. It is also
TYPICALLY MISLEADING of the IRS to (seemingly) limit the eligible parties to "reservists,
performing artists, etc."....as is their limiting statement in the "Notes" section that I believe
Dobry4u refers to. Those who blithely accept their self-serving, narrow "rulings"
-- which aren't actual court rulings -- simply genuflect at the altar of our governmental
"church." But I choose not to, as does the quoted person above....and there are CPA's
THAT AGREE WITH THIS APPROACH. Imagine that!

....Because this particular approach has been shown to be legal and allowable, of course.

I suspect these CPA's (that jonp refers to) aren't exactly anarchist skinhead tax protesters,
either. They're just doing a good job for their clients.

Don't really understand what dle's problem is; I've stated repeatedly now that I'm not
a tax expert and am simply trying to help, and he or she continues to parade his or her
mocking skepticism. That's fine with me; you may grovel at the feet of the IRS and it
won't change my life one iota.

But, really: I "survived an encounter with the IRS"?

Survived? Wow. Not scared of them much, are you?

By the way, jonp, thanks for the post basically supporting my approach. This is the kind of
feedback that makes this forum worthwhile -- not because you agree, but because it helps
open up discussions and ideas, as well as some people's eyes. Unfortunately some folks
mis-read such input as balderdash, just because it removes them from a certain way of
thinking, or challenges a previous belief. Oh, well, that's why we're in this thread I guess...

And I do also appreciate Dobry4u's energetic debate on this; although I probably won't ever
use her services. No doubt she'd throw me out of her office anyway.

Can the Rev explain the nuances of how the tax-free per diem pay -- IF paid by a trucking
employer to an OTR driver -- affects a tax filer like myself, who normally lacks enough
deductions to itemize? I'd appreciate any insights you have. Thanks in advance.

Thats not hard. Go back a couple of years and take what you made, gross, and apply the standard truckers per diem and then compare the tax implications to what your employer is wanting to "give" you and see how it comes out.
I've never found that it makes that much difference in my pay one way or the other because I don't take a great deal of deductions anyways. My taxes are pretty straight- forward.

[Rev.Vassago]

Not a problem. The reason that I never itemize is pretty simple. Unless your eating 3 meals a day in a steakhouse and staying at the Ramada overnight you are never going to rack up an amount over your standard deduction. I can't imagine eating up over $50/day. At least I never have and why bother saving all of those receipts? I do save the receipts for items that are job related such as tools I keep in the truck, clothing with the company logo on it, etc.. I never get fancy so fly under the radar. If the IRS wants to waste time on me in an audit I have nothing to fear. The more deductions that you claim, the higher the likelyhood you will meet the IRS up close and in person.

Ummm, I don't think you realize how the meal allowance works. You don't HAVE to spend the full $50 per day to CLAIM the full $50 per day. The "allowance" is the standard amount the IRS lets you claim without saving receipts. All you need for proof is a log book.

EXAMPLE: If you're out on the road 280 days per year, that is an $11,468 deduction. The last I checked, the standard deduction wasn't even CLOSE to $11,468. But to claim that $11,468 deduction, you have to itemize.

[jonp]

Ummm, I don't think you realize how the meal allowance works. You don't HAVE to spend the full $50 per day to CLAIM the full $50 per day. The "allowance" is the standard amount the IRS lets you claim without saving receipts. All you need for proof is a log book.

EXAMPLE: If you're out on the road 280 days per year, that is an $11,468 deduction. The last I checked, the standard deduction wasn't even CLOSE to $11,468. But to claim that $11,468 deduction, you have to itemize.

I know very well how it works, rev. You can either take the per diem the company is offering or do the meal deduction. Either taking the standard rate or go the trouble, like I used to, and find all the different places I stopped for the night and then adding those amounts up. What I was getting at was not saving every receipt for meals, soda, etc as those added up for me never came to the standard deduction so I just ignored those.

[dobry4u]

I know very well how it works, rev. You can either take the per diem the company is offering or do the meal deduction.

ah.. not right

You can take the per diem amount the IRS allows or use actual expenses. As Rev said, it is usually much better rate using per diem (from the IRS Tables) then actual. Your company does not dictate allowable per diem rates. The IRS does. HTH

[jonp]

ah.. not right

You can take the per diem amount the IRS allows or use actual expenses. As Rev said, it is usually much better rate using per diem (from the IRS Tables) then actual. Your company does not dictate allowable per diem rates. The IRS does. HTH

I know that. Sweet Louise! Thats what I said. You can either use the per diem or actual expenses. I said that the standard $54/day or whatever was better because I never ate up $50 a day on the road so saw no point in saving all of my meal receipts.

[Rev.Vassago]

I know that. Sweet Louise! Thats what I said. You can either use the per diem or actual expenses.

Nope.

[jonp]

Do anything you want, dosn't matter to me. However, Dobry echoed what I just said the post before yours in the first sentence. Do one or the other not both.

[Rev.Vassago]

Do anything you want, dosn't matter to me. However, Dobry echoed what I just said the post before yours in the first sentence. Do one or the other not both.

No she didn't.

[dle]

The only comment I have is

Shut her down Clancy, She's a pumpin mud.

[jonp]

You can take the per diem amount the IRS allows or use actual expenses

Notice the big OR in that sentence then get out your grammar book. One or the other but not both.

[Fredog]

According to the intstructions for form 2106 (http://www.irs.gov/pub/irs-pdf/i2106.pdf - specifically under "notes"), miscellaneous deductions on line 24 are limited to 2% of your AGI. Unless your AGI is in the $400,000 - $500,000 range, you would never be able to fully take advantage of your meal allowance by using line 24 rather than Schedule A. At least that's the way I'm reading it.

BTW, this line 24 is new. It doesn't appear on older 1040's.

so I guess Steve Booth is the only one qualified to take it