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-   -   Can I claim the $52/day meal allowance on my taxes? (https://www.classadrivers.com/forum/new-truck-drivers-get-help-here/25563-can-i-claim-%2452-day-meal-allowance-my-taxes.html)

LD27 03-13-2007 08:43 PM

Can I claim the $52/day meal allowance on my taxes?
 
I am an OTR company driver for a dedicated account.
I work a 12 hour shift and am governed by HOS regs.
I keep a daily log and run up to 400 mile round trips.
I am home every day after my 12-14 hour shift.
Can I claim the $52 day deduction?


Thanks

Trapper 03-13-2007 09:02 PM

I think you have to be out overnight to claim that. Technically you're not an OTR driver you're local if you get home every day.

I work 12's at times in a non trucking job so I should get the same deduction then. I'm pretty sure I'm not eligible. There would be a lot of people that could claim this in non-trucking jobs that work rotating 12hr shifts in factories.

Uturn2001 03-13-2007 09:04 PM

No you can not. You must be away from your tax home "overnight".

ibamars 03-13-2007 09:05 PM

in order for you to claim it you have to be away from your home terminal or just plain away from your home everyday.

Sounds to me like no you cannot claim it due to that fact.

Heres a link to IRS for you to check out it explains it a little more

http://www.irs.gov/publications/p463/ch01.html#d0e847

Rev.Vassago 03-13-2007 10:40 PM

Nope. Absolutely not. To qualify for the $52 exemption, you have to be subject to the HOS regulations (which you are), and spend the night away from your tax home (which you aren't).

03-14-2007 12:33 AM

Re: Can I claim the $52/day meal allowance on my taxes?
 
Quote:

Originally Posted by LD27
I am an OTR company driver for a dedicated account.
I work a 12 hour shift and am governed by HOS regs.
I keep a daily log and run up to 400 mile round trips.
I am home every day after my 12-14 hour shift.
Can I claim the $52 day deduction?


Thanks

Consider this "CB" advice. In other words research it through an accountant that works specifically with the industry... That being said...

I was told from a representitive of an accounting firm that if you are away from home more then 12 hours per day at your trucking job, you are etitled to a partial perdium on those days. The days you only work 11 or less, you would not be entitled though.

This particular representitive had specific numbers, but I can not remember them. If I can find the paper I got from this company I will post the company name, but as of right now for the life of me I can not remember it.

GL

Rev.Vassago 03-14-2007 01:24 AM

Re: Can I claim the $52/day meal allowance on my taxes?
 
Quote:

Originally Posted by Nendail
Consider this "CB" advice. In other words research it through an accountant that works specifically with the industry... That being said...

I was told from a representitive of an accounting firm that if you are away from home more then 12 hours per day at your trucking job, you are etitled to a partial perdium on those days. The days you only work 11 or less, you would not be entitled though.

This particular representitive had specific numbers, but I can not remember them. If I can find the paper I got from this company I will post the company name, but as of right now for the life of me I can not remember it.

GL

That only applies if you are coming back to your tax home after being out on the road, using a DOT approved sleeper berth. On those days, you can use a percentage of the meal allowance. Most accountants I know of use 75%. But that still does not apply to people who are at their tax home every night. They don't get any of the meal allowance.


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