IMPORTANT TAX DEDUCTION

Fkatz

Veteran Expediter
Charter Member
HI ALL,
I JUST GOT OFF THE PHONE WITH THE INTERNAL REVENUE SERVICE THIS MORNING AND WHAT I ASKED ABOUT WAS THE DEADHEAD MILES THAT WE ALL ARE NOT PAID FOR.

NOT PAID DEADHEAD IS DEFINITELY A DEDUCTION THAT CAN BE TAKEN AS COST OF DOING BUSINESS. EVEN IF YOU USE THE ACTUAL COST METHOD.

IF YOU USE THE ACTUAL COST METHOD IN CALULATING EXPENSES, ON SCHEDULE C, PART V, VEHICLE EXPENSE, OR IF YOU HAVE AN AUTO WORKSHEET IN THE TAX PROGRAM. DATE VEHICLE WAS PLACED IN SERVICE, TAKE THE TOTAL MILES YOU DROVE FOR THE YEAR AS OTHER MILES, AND THE DEADHEAD MILES AS YOUR BUSINESS MILES. I WOULD USE APPROXIMATELY 10% OF YOUR TOTAL MILEAGE. IF IT IS MORE TAKE IT ALL. YOU MUST KEEP ACCURATE RECORDS AS TO DEADHEAD NOT PAID. THAT INCLUDES LOADED MILES ALSO, THAT YOU ARE NOT PAID FOR, JUST INCASE OF AUDIT.

IF YOU KEEP A SPREADSHEET ON YOUR LOADS, AND USE A MAP PROGRAM. USE THE DIFFERENCE IN MILES PAID AND NOT PAID.(IN OTHER WORDS KEEP TRACK OF ALL MILES BETWEEN LOADS PERIOD.)TAKE MILEAGE READINGS FOR EACH. dEADHEAD, LOADED, AND ENTER THE DIFFERNCE IN A SEPARATE COLUMN.
WHAT I USE IN FORMAT IS AS FOLLOWS. EXAMPLE:FOR HEADINGS

DATE,PRO#/BL#,D/H PAID,D/H NOT PAID,PICK-UP DITY,DELIVERY CITY,LOADED MILES PAID, NOT PAID. ETC THE MILES THAT ARE NOT PAID WILL BE FIGURED AT THE STANDARD MILEAGE ALLOWANCE, $.34 1/2, NOT AT THE RATE THE LOAD PAID.

I AM ALSO WAITING FOR AN ANSWER FROM THE IRS IN REFERENCE TO WEATHER THE STANDARD MILEAGE DEDUCTION CAN BE USED ON STRAIGHT TRUCKS WITH A GVW OF 33,000 LBS. ACCORDING TO THE IRS WHEN I SPOKE TO THEM ANY TRUCK OVER 55,000 LBS HAS TO TAKE THE ACTUAL EXPENSES. MAKE THE THERE ARE REALLY IS NO PUBLICATIONS THAT PERTAIN TO TRUCKERS. THIS MIGHT TAKE A COUPLE OF WEEKS TO FIND OUT EXACTLY, DUE TO THIS TECHINCALITY, WHICH OF COURSE WILL TAKE US BEYOND THE FILING TAX DEADLINE OF APRIL 15TH, FOR THOUGHS OF YOU WHO ARE WILLING TO WAIT FOR THE CORRECT ANSWER ON THIS, CAN FILE FORM 4868, AN EXTENSION FOR FILING YOUR 2001 TAXES. IF YOU DO THIS, AND YOU THINK YOU OWE ANY TAX, TRY AND SEND APPROXIMATELY THE MINIMUN OF 75% OF THE TAX YOU THINK YOU OWE.

THE WAY THAT THIS READS IN THE PUBLICATION ON BUSINESS EXPENSES IS FOR CARS AND STANDARD PICK-UP TRUCKS USED IN BUSINESS STATES, THAT ANY VEHICLE WITH A EMPTY WEIGHT OF 6000 LBS, GNW.(GROSS NET WEIGHT)MAY USE THE STANDARD MILEAGE RATE. ALSO IF YOU OWN MORE THAN ONE VEHICLE FOR BUSINESS YOU CANNOT USE THE MILEAGE RATE AT ALL, EVEN IF YOU OWN 2 CARGO VANS. YOU MUST USE THE ACTUAL COST OF EXPENSES FOR EACH VEHICLE. BUT YOU CAN STILL TAKE THE STANDARD MILEAGE RATE OF
34 1/2 CENTS PER MILES FOR THE DEADHEAD YOU WERE NOT PAID FOR.

IF ANY OF YOU HAVE ANY QUESTION, PLEASE E-MAIL ME AT [[email protected]] or call me at (704) 739-4039

Thanks,

Franklin Katz
Frank's Tax & Business Service
308 E. King St.
Kings Mountain, NC 28086
 

RichM

Veteran Expediter
Charter Member
Frank : you and I have never met and I respect your opinions but I have to disagree with you about the standard mileage deduction. I run a D unit and have always taken the mileage deduction vs operating expenses and depreciation. My tax accountant is an ex IRS agent and has always advised me to do this. I was audited by the IRS in 1994 and in 1996 mainly about travel expenses and they did not disqualify the mileage deductions. If you run a lot of miles like we all do it is a signifcant savings over the operating and depreciation allowances. One thing the IRS told me is that "you can!t change horses in mid stream". If you start out with a mileage deduction you have to always use that on that particular truck...So you really need to think when you put a truck on,am I going to always do 100,000 miles a tear or will things change and will I be using this vehicle for local work??
 

Fkatz

Veteran Expediter
Charter Member
Hi Rich,

After reading your text, I had a driver in here to do there returns, while they were here I received a phone call from the IRS, and he stated that any vehicler 6000 lbs gross vehicle weight empty, and under was allowed to take the standard mileage deduction. IF it was over 6000 lbs, has to take the actual expenses. He is sending me a letter to the fact, which I should receive probably by Monday of next week. Once I receive it, I will be glad to let you know, and if you would like I can fax you a copy to wherever you like.
I dont know how long it has been since your accountant was an IRS agent, but the weight has been reduced from 10,000 lbs empty to 6000 within the last couple of years. Don't know exactly. It still didnt include a "D" Unit.
Remember that the average weight empty for a "D" Unit is between 16,000 and 22,000 depending on make and model of truck and box. and if a tandem-axel attached.
I know that if you have a Cargo van it can use it and posssibly a "C" Unit with a 10-12 ft box. and weight under 6,000 lbs. YES it can be used. as long as it is empty weight.
You can look at Publication 535, Page 15, heading standard mileage rate. on the IRS.gov web site at
[www.ustreas.gov/pub/irs-pdf/p535.pdf] in adobe format. I am only stating what the publication states.
thanks Rich

Frank
 

RichM

Veteran Expediter
Charter Member
Thanks Frank,I will give you a call net week some time and if you have that letter I would appreciate receiving a copy. My accountant has been gone from the IRS for at least 9-10 years but he tells me he stays on top of whatever is happening. Hope so LOL. The empty weight of my D unit is about 19,000 pounds so based on what you said it does not qualify. Who knows?? I am a 2 person S Corporation,don!t know if that makes a difference or not.We take a very small salary from the Corporation on which Social security is paid out of,we then take other funds in the form of a monthy distribution which is taxed as ordinary(not earned) income so this helps keep the overall tax bite low.we also have the corporation pay 100% of our medical bills which is a significant savings, only drawback to that is that the Corporation has to give that benefit to all employees and not just a few.So if I ever hired anyone I would have to extend that 100% medical benefits to him/her/Scarey so I don!t think I will be hiring anyone.Another small advantage is that we pay unemployment insurance on ourselves. It is very nomial($3.00 per quarter)but if anything ever happened such as waiting on a new truck to be completed,I can lay me and my wife off,collect unemployment for a while. There is another interesting aspect to unemployment and workers comp rates about having your own corporation but I don!t want to discuss it here.I have you # and will try to reach u next week..
 
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