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Old 05-02-2008, 02:25 AM
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Default Tax Deductions

Hi all, I've searched and can't find an answer to my question.

My tax guy is asking for the amount of days I was away from home. The locations I was in on those dates and what time I came in and when I left. Other then making a photocopy of my log book and sending it to him is there another way around this?

I also understand that safety related items are deductable but what about items that I did not have at the time when I moved into my truck. I purchased a cooler, tools and a ladder since I pulled a skateboard.... I remember seeing a list somewhere but can't seem to locate it.

Thanks for any help you can provide.

Paul
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Old 05-02-2008, 02:37 AM
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I always just counted the days I was gone and wrote it on the front of the logbook. Then at tax time I just added them up and told the tax person how many. There aren't too many things that aren't deductable. Tools, clothes, cell phone that sort of stuff. I just save the reciept and if i have any questions I ask. DSo a search here for tax deductions. There was a thread not too long ago.
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Old 05-02-2008, 03:16 AM
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Only overnights are eligible for the deduction. If you left the house, or arrived at home, you cannot count those days. It sounds as if your tax guy is making it more complex than it needs to be. He also missed the April 15th filing date. :wink:

As far as deductible items, if it is something used for the job, or is truck specific, then there is a very good chance it is deductible. If it is something that is used outside of the truck, then it may be deductible.
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Old 05-02-2008, 10:56 AM
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Quote:
Originally Posted by Rev.Vassago
Only overnights are eligible for the deduction. If you left the house, or arrived at home, you cannot count those days. It sounds as if your tax guy is making it more complex than it needs to be. He also missed the April 15th filing date. :wink:

As far as deductible items, if it is something used for the job, or is truck specific, then there is a very good chance it is deductible. If it is something that is used outside of the truck, then it may be deductible.
One of the examples from: http://www.irs.gov/publications/p17/...blink100034320 says you DON'T have to be away overnight.
Quote:
This rest requirement is not satisfied by merely napping in your car. You do not have to be away from your tax home for a whole day or from dusk to dawn as long as your relief from duty is long enough to get necessary sleep or rest.

Example 1.

You are a railroad conductor. You leave your home terminal on a regularly scheduled round-trip run between two cities and return home 16 hours later. During the run, you have 6 hours off at your turnaround point where you eat two meals and rent a hotel room to get necessary sleep before starting the return trip. You are considered to be away from home.
kc0iv
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Old 05-02-2008, 11:23 AM
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Quote:
Originally Posted by kc0iv

One of the examples from: http://www.irs.gov/publications/p17/...blink100034320 says you DON'T have to be away overnight.
Quote:
This rest requirement is not satisfied by merely napping in your car. You do not have to be away from your tax home for a whole day or from dusk to dawn as long as your relief from duty is long enough to get necessary sleep or rest.
Close enough. You have to be away long enough to have a "necessary" sleeper break. Since a sleeper break would only become "necessary" if you exhausted your 11 or 14 hours, and you add in the 10 hour sleeper break, you are at anywhere from 21-24 hours (ie. OVERNIGHT). :wink:
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Old 05-02-2008, 12:48 PM
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Quote:
Originally Posted by Rev.Vassago
Quote:
Originally Posted by kc0iv

One of the examples from: http://www.irs.gov/publications/p17/...blink100034320 says you DON'T have to be away overnight.
Quote:
This rest requirement is not satisfied by merely napping in your car. You do not have to be away from your tax home for a whole day or from dusk to dawn as long as your relief from duty is long enough to get necessary sleep or rest.
Close enough. You have to be away long enough to have a "necessary" sleeper break. Since a sleeper break would only become "necessary" if you exhausted your 11 or 14 hours, and you add in the 10 hour sleeper break, you are at anywhere from 21-24 hours (ie. OVERNIGHT). :wink:
Did you notice the Example?
Quote:
You are a railroad conductor. You leave your home terminal on a regularly scheduled round-trip run between two cities and return home 16 hours later. During the run, you have 6 hours off at your turnaround point where you eat two meals and rent a hotel room to get necessary sleep before starting the return trip. You are considered to be away from home.


BTW. The railroad has a HOS comparable to truck drivers.


kc0iv
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Old 05-02-2008, 09:17 PM
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IF he is asking for locations, dates and times, he is using the wrong deductions for per diem. What he is using is known as CONUS rates, Those numbers are not used for people subject to HOS!

For a day, under the tax code for those subject to HOS to count, you must have had to take the mandated break required by HOS! Just leaving the house, taking a 2 hour lunch break and coming home does not count!

I posted the links to the code a couple of weeks back under a related per diem thread!
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Old 05-02-2008, 10:02 PM
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http://www.irs.gov/publications/p463/ch01.html#d0e820

Special rate for transportation workers. You can use a special standard meal allowance if you work in the transportation industry. You are in the transportation industry if your work:

*

Directly involves moving people or goods by airplane, barge, bus, ship, train, or truck, and
*

Regularly requires you to travel away from home and, during any single trip, usually involves travel to areas eligible for different standard meal allowance rates.

If this applies to you, you can claim a standard meal allowance of $52 a day ($58 for travel outside the continental United States) from January 1, 2007, through December 31, 2007.

Using the special rate for transportation workers eliminates the need for you to determine the standard meal allowance for every area where you stop for sleep or rest. If you choose to use the special rate for any trip, you must use the special rate (and not use the regular standard meal allowance rates) for all trips you take that year.

Travel for days you depart and return. For both the day you depart for and the day you return from a business trip, you must prorate the standard meal allowance (figure a reduced amount for each day). You can do so by one of two methods.

*

Method 1: You can claim ¾ of the standard meal allowance.
*

Method 2: You can prorate using any method that you consistently apply and that is in accordance with reasonable business practice.

http://www.irs.gov/publications/p463/ch06.html#d0e7803

Hours of service limits. If you are subject to the Department of Transportation's “hours of service” limits (as explained earlier under Individuals subject to “hours of service” limits in chapter 2), use 75% instead of 50% for meals while away from your tax home.
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Old 05-05-2008, 12:53 AM
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Guy's thanks so much for the info...

Like I said previously I searched and searched.... Country Horseman I'll read the Per Deim thread.

I've copied the info that applied to HOS and will fax to the tax guy, so he can finish it up. This the best part of the CAD ya get the info....

Thanks all...
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Old 05-05-2008, 01:37 AM
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Quote:
Originally Posted by dewercs2
Guy's thanks so much for the info...

Like I said previously I searched and searched.... Country Horseman I'll read the Per Deim thread.

I've copied the info that applied to HOS and will fax to the tax guy, so he can finish it up. This the best part of the CAD ya get the info....

Thanks all...
No real need to read the Per Diem thread, the same notes I posted here were the ones I was referring too! Had to dig them up anyway, for my tax preparer! he lost the notes from last year! :cry:
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