1099 help

Yes

 

no there is a time limit on the first and last day in order for them to be counted.

Now this doesn't mean it shouldn't be counted for taxes but in an audit, they will look at the logs and see when you left, when you stopped and what you are claiming.

 

You are correct. However, if you're ever audited and have to pay back a day or 2, it ain't gonna kill ya.

 

To take the IRS Meal deduction you only have to produce logbooks records or something similar to document you being away from home and to confirm you the driver is subject to FMCSA/DOT rest breaks. For the IRS you EITHER need receipts for your actual expenses OR use their 80% X $63 formula for days required to be away from home where you were required to take DOT rest. That's been my understanding for a couple of decades. I thought the only thing that changed recently about using the IRS Meal & Incidental Expense for Transportation Workers (sometimes wrongly called "per diem") is that company drivers can no longer use it. Maybe I'm wrong?

 

You are correct

 

Ask the company for a copy of your logs. Alternatively, re-create them right now to the best of your ability, and hope that'll be enough.

Remember that partial days away from home should be counted at 75%.

Again, this is for self employed drivers (1099's or owner ops). Employees are no longer able to deduct unre-imbursed employee expenses such as Meals and Incidental Expenses (Per Diem), even if they itemize.

 

The company is punished for not keeping logbook pages 6 months. The IRS will sometimes even take credit card records in lieu of logbook "pages" from the driver. Nobody at the IRS is thinking you are claiming 3 months of Meal & Incidental Expenses for fraud. Also, the daily expense allowance only benefits you on taxes if it exceeds your personal exemption. So you calculate your daily expense allowance X days away from home.
IRS Personal Exemption - daily expense allowance = tax deduction.

 

No, not for a 1099 driver. M&IE comes off on schedule C, and he still keeps his personal exemption.