[csands007]

Frank
Was in conversation with another cargo van owner about per Diem, Which stated since its a cargo van we are not eligible for this deduction, never had to try to use it because miles deduction was just wondering
Chuck

[Fkatz]

[b]The Law states that if you are on the road, and If you have written proof ( like copies of Bill of lading, that you picked up and delivered to where you are suppose to. and the fuel receipts to prove the standard mileage rate. and that you were on the road,

I used a Steno Book, listing the date, time and place of Pick-up
Delivery Consignee, and the mileage as to where I stopped along the way, even if it was just a pit stop. name of city, and State.


But the standard mileage rate is the one that is the real question, and not the per deim. If the IRS classifies you as "FOR HIRE", Then and only then the standard mileage rate does not apply and the allowance cannot be taken. There is a Cheif Council Memo, stating the the mileage rate can be use.d That Memo # is CCM #1997-40 if you are audited it is that memo that is used to clear the allowance unless a new one was issued to repremand it.. No matter what anyone says.


If you have any questions please do not hesitate to ask

Franklin Katz, ATP, PA
Franks Tax & Business Service
120 York Road
Kings MOuntain, NC 28086
704-739-4039
Fax 704-739-3934

[susygolfer]

fkatz, I am using turbotax online. When I do the standard deduction for my per diem, do I have to figure the 75% and enter that total, or does Turbotax figure it out?

[Fkatz]

TURBO TAX FIGURES IT OUT BUT I DO NOT KNOW HOW OR WHERE TO PUT IT SUBJECT TO DOT REGULATIONS.
YOU WOULD HAVE TO FIND OUT IN THE HELP COLUMNS.

fRANK