Standard Mileage Rate.

Fkatz

Veteran Expediter
Charter Member
Hi All,

I admit that I have made a large mistake on this subject, I spoke to the Small Business Division of the IRS ,Today 10-24-2011 with Mr. Michael Woods in Columbia, SC. I had asked him to interept the length of time that this deduction can be used.

His answer is based on the IRS Code, and Not Publication 946, How to Depreciate Property.

If you take Depreciation on a Cargo Van the maximun # of years is 5, with a life of 6. depending on the day of the year it is first put into service.

If you use the depreication method, all expenses are claimed as a deduction except mileage.

If you start with the standard mileage rate when the vehicle is first put into service, then it can be used until that vehicle is either:

" SOLD, TRADED OR TAKEN OUT OF SERVICE"

You also must keep accurate daily records for every mile driven for business purposes only, any personal miles must not be figured.
Meaning as follows:

Leave (home, truckstop) to Pick up load at shipper
Deliver to Reciever
Deadhead to Truckstop,or go back home, or place where you will layover.This is your business miles,

IF you are laid over and go to a Movie, theme park, shopping , Except for repairs, maintenance, truck wash, this is considered personal miles and cannot be figured in your business miles.

Since as of this year 2011 the standard mileage rate is cause for audit, these records, combined with you proof of being on the road for the Per Diem must be accurately kept Daily.(These are truthfully a very possibe RED FLAG)

It is best to use some sort of combination for both Mileage and Per Diem on the same proof sheet,
When I was on the road myself, I used a Steno Pad
left Side was:
Shipper - Date Picked up
Receiver- Date Delivered

Right side: Start Mileage

And Every time I stopped I marked the mileage down.
and Ending Mileage to layover Location.

iF YOU USE THE STAN DARD MILEAGE RATE YOU CANNOT DO WHAT YOU HAVE BEEN DOING IN THE PAST.

YEAR ENDING MILEAGE IS: xxxxxxxx
YEAR BEGINGING MILEAGE WAS: -xxxxxxxx
TOTAL MILEAGE: xxxxxxxx

I know we have had some disagreements before, but I now admit I was incorrect.

Frank’s Tax and Business Service
120 York Rd
Kings Mountain, NC 28086-3151
(704) 739-4039 Fax: (704) 739-3934
e-mail: [email protected]
Web Site: File Your Return Online
Franklin Katz, ATP, PA, PB,

Providing Professional Accounting Services and Income Tax Preparation

Circular 230 Disclaimer – Any tax advice in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding related
penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or tax
related matters addressed herein.
 
Last edited:

OntarioVanMan

Retired Expediter
Owner/Operator
Frank....Thanks for digging in and checking it out...:D

aren't you glad I was such a nag about it?....LOL
 

Fkatz

Veteran Expediter
Charter Member
(QUOTE)
Frank....Thanks for digging in and checking it out...:D

aren't you glad I was such a nag about it?....LOL

i had an audit done on one of my cleints, and they were picking up and delivering Tractors, RV's, and other freight, but use there own vehicle with towbars. and the IRS has been auditing them. Due to the dead head miles involved. the other reason was that they filed thee tax returns 2 years after they were due. and normally for the self employed this is a cause for a very possible audit.

They are in the Hot Shot part of our industry, and the IRS would not allow using 1/2 of the total deadhead miles while there Vehicle is being towed. and not driven.

The statndard in this part is 1/2 of the miles while the vehicle is being towed. it still puts wear and tear on the there, but they did not accept it.

I am trying to see if I can get a letter ruling regarding this law. But it might take some time to get an answer.

Frank
 

westmicher

Veteran Expediter
Frank,

I've owned my van for 5 years now, only the last 2 years as expediting. However, I had some business use the entire 5 years. BUT, I do not want to get another van just yet (it's not used up).

Can I sell it to someone and then lease it back to start a new "mileage clock" (to claim mileage instead of actual expenses)? My actual expenses are quite a bit less than the mileage rate gives me. I appreciate your help in advance!
 

westmicher

Veteran Expediter
Oops! Did I misread your post? I think you said I can use the mileage rate as long as I have it?
 

Fkatz

Veteran Expediter
Charter Member
Hi,

Ontario Van Man, thanks for asking that question, TO WESTMICHER

If you used the standard mileage rate only in any of the last 5 years you can still use it.

IF YOU USED ACTUAL EXPENSES YOU HAVE TO FINISH OUT WITH THEM UNTIL YOU PURCHASE A NEW VAN


Frank’s Tax and Business Service
120 York Rd
Kings Mountain, NC28086-3151
(704) 739-4039 Fax: (704) 739-3934
e-mail: [email protected]
Web Site: File Your Return Online
Franklin Katz, ATP, PA, PB,

Providing Professional Accounting Services and Income Tax Preparation

Circular 230 Disclaimer – Any tax advice in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding related
penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction
 
Top