taxit Posted February 11, 2008 Report Share Posted February 11, 2008 I have a new client who drives truck. He leaves 6am and is home each day by 6 sometimes 8pm. It looks to me in the 2106 instuctions there is no meal deduction allowed. He insist there is a deduction. The only truckers I have other than him are long haul, out Sunday evening back Friday or Saturday. Does anyone have experience with this type of driver or know where I can find more detailed info. for truckdrivers? Thanks! Quote Link to comment Share on other sites More sharing options...
RoyDaleOne Posted February 11, 2008 Report Share Posted February 11, 2008 Taxit, are you working 12 hours days or more? Do you get to deduct your meals.? No sleep...... Quote Link to comment Share on other sites More sharing options...
GeneInAlabama Posted February 11, 2008 Report Share Posted February 11, 2008 To qualify for meals taxpayer must be away from home for a period of time where it is normal to require sleep. Gene Quote Link to comment Share on other sites More sharing options...
taxit Posted February 11, 2008 Author Report Share Posted February 11, 2008 Thank you. Sometimes I seem to want to make things more complicated than necessary. Quote Link to comment Share on other sites More sharing options...
SunTaxMan Posted February 12, 2008 Report Share Posted February 12, 2008 Gene, To be specific, IRS regs read that the trip must require "rest" not "sleep." AND, that for qualification for "overnight" meal expense, the trip does not need to be specifically "overnight" but has to be long enough to "require rest" before completing the trip. I concluded some years ago that DOT requires "rest" in the application of the Drivers Daily Log and the HOS regulations to make sure that the Professional Driver is adequately "rested" and thereby not a hazard on the highways. ((Whether that function of the HOS regs is accomplished on today's highways is another matter entirely!!!)) IRS also uses this word "rest." Within the intricacies of the HOS regs and the completion of the Drivers Daily Log AND the interaction between DOT and IRS regulations........ IF a Driver's DAILY trip is long enough that if that Driver was required to log the entire day on lines 3 and 4 of the Log Book, the trip could not be completed - that "rest" would be 'required' (that is adequate time on lines 1 and/or 2 of the log book) before the trip could be completed. IRS requirements for "rest" would be satisfied because DOT requirements for "rest" have been satisfied. This application works much more to the advantage of the Tour Bus Driver than the Truck Driver, because the Tour Bus Driver isn't restricted by the 14 hour rule that is applicable to the Truck Driver. Many Tour Bus Drivers put in 15 to 20 hour days, so the "requirement" for "rest" during the trip is required (and met) for DOT purposes (time on line 1 or 2 of the log). My thinking is that this means the "requirement" for "rest" is met for IRS purposes - even if no "sleep" is documented - "rest' is the significant word! Quote Link to comment Share on other sites More sharing options...
RoyDaleOne Posted February 12, 2008 Report Share Posted February 12, 2008 Could it be, while not stated the driver could not be subject to DOT requirements? A short-haul dump truck driver for example. Quote Link to comment Share on other sites More sharing options...
SunTaxMan Posted February 13, 2008 Report Share Posted February 13, 2008 Could it be, while not stated the driver could not be subject to DOT requirements? A short-haul dump truck driver for example. The type of truck is not relevant. The Dump Truck owner must have a DOT #, just like a carrier of any other product. Even the Dump Truck company who is hauling their own product out of their own quarry. The Driver, if the rig is registered for 25,000 pounds or more is required to have a CDL, which brings the Driver under HOS regs, either 12 clock hours or daily log. However, the "short-hual" dump truck driver, as a "first impression" of mine, from the knowledge I have of dump truck operation, is not traveling far enough from home to qualify for "overnight" meal expenses. Most "short-haul" dump trucks are traveling less than 100 miles from pick up to drop. Having said that, there ARE some commodities carried in a "Dump Truck" that involve long distances, i.e., 1,000 miles and up - but you have said "short haul." Perhaps a good question at this point is, "How long are the trips - in miles - how far from pick up to delivery point. Is there anything involved in the unloading, other than "dumping?" Are there long waits before being able to dump? and, for general information, how many axles on the truck, i.e., straight truck or T/T? And, what is the commodity? And of course, the question persists, IS this a "short-haul" dump Driver or a "theoretical" situation? I don't like "theoretical" - actual facts and circumstances questions make for a more definitive answer! Quote Link to comment Share on other sites More sharing options...
taxit Posted February 13, 2008 Author Report Share Posted February 13, 2008 This is not a dump truck. Tractor trailer carrying a variety of freight. Leaves 6am and is usually home by 6pm. Quote Link to comment Share on other sites More sharing options...
SunTaxMan Posted February 13, 2008 Report Share Posted February 13, 2008 This is not a dump truck. Tractor trailer carrying a variety of freight. Leaves 6am and is usually home by 6pm. So, I guess the only "variable" in this is how often, and by how much, and why, the 12 hours is exceeded. BUT, basically, unless there is more here to discuss, 1. This is a "local" operation, not an "overnight" situation, and 2. No meals allowed - end of story! HOWEVER, just in case, IF there is a "meal allowance" provided by the employer, this Driver has INCOME in excess of his deduction, which deduction is zero! Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted February 13, 2008 Report Share Posted February 13, 2008 http://www.fmcsa.dot.gov/rules-regulations...os/hos-2005.htm Here is the Official 'hours of service' rules. I do not think your driver will meet this test. Quote Link to comment Share on other sites More sharing options...
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