# Did you guys know you can write off food you eat?



## 58756

If you eat chipotle or pay for any meals while driving Uber LYFT--you can write all that stuff off in tax time. Most people don't know just how much they can write off and that is why they often end up being told to send some money to uncle Sam. Last year I was given 3k by IRS when they saw all things I wrote off.


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## DrivingStPete

Car washes, oil changes, tires, work clothes, windshield wipers, all mechanical work, mileage.... Yes there are tons of things you can write-off. 

Lots of drivers use Uber specifically for the their overall tax situation.


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## Mango Tango

DrivingStPete said:


> Car washes, oil changes, tires, work clothes, windshield wipers, all mechanical work, mileage.... Yes there are tons of things you can write-off.
> 
> Lots of drivers use Uber specifically for the their overall tax situation.


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## Mango Tango

I was under the impression you can write off individual items by saving receipts or by taking the milage..not both. I tbink the milage is easier and will be more lucrative since i track Milage from home to return home


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## DrivingStPete

Well... Really depends on what makes sense for your overall tax situation. I was simply generically listing things.


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## Euius

You _cannot_ write off meals you eat in your "home area".

You can only write off a _portion_ of the food you eat when travelling outside your home area.

This isn't really even under debate. If you think you can, you're simply wrong.

Of course, if you're not audited you could write off your hookers and blow, but there's always a risk you will be audited.


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## Another Uber Driver

If anyone wants tax advice, he should consult a professional who is qualified to hand out that advice. 

I am aware of at least two on these Boards who state that they are Tax Professionals. Check the TAXES section of the forum and ask one of those guys. In fact, there is a running "Ask Me Anything" topic on the TAXES Boards to which at least two of the Qualified Professionals respond regullarly. Do understand that I have not checked out the credentials of anyone on these Boards who states that he is a Tax Professional. I am going only on his statements that he is qualified to dispense tax advice.

I check with my Tax Accountant for tax advice. It is a pretty good firm.


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## DrivingStPete

Euius said:


> This isn't really even under debate. If you think you can, you're simply wrong.


Ok I've been wrong for more than 15 years. The IRS doesn't seem to think so.

But obviously a tax professional is your best bet.


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## Euius

DrivingStPete said:


> Ok I've been wrong for more than 15 years. The IRS doesn't seem to think so.


Unless they audit you, they're not weighing in.

Not being audited isn't proof of anything either.


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## DrivingStPete

Look, I said your right. 

All I know is what I do, and what has been a best practice for me, my industry, employees and co-workers.


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## Coachman

DrivingStPete said:


> Ok I've been wrong for more than 15 years. The IRS doesn't seem to think so.
> 
> But obviously a tax professional is your best bet.


I had a real estate friend who used to write off all his clothing purchases as "uniforms." The IRS didn't notice. That doesn't make it legit.


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## DrivingStPete

You should push your elected officials to fight harder for a Fair-Tax. What's legit and acceptable in the current tax code is based on who you hire to represent you. The tax code is not one-size fits all. 

Those who hire professionals have much greater flexibility.


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## Coachman

I can't imagine many uber drivers are audited, anyway, unless they have some other source of income that's of interest to the IRS.


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## zordac

This is a good publication that explains just about everything which is tax deductible. 
https://www.irs.gov/pub/irs-pdf/p463.pdf

I've been traveling for work related reasons for more years than I care to mention but one thing I know for sure.

When it comes to meals you have to be outside of your home tax area and spend an overnight stay to claim them and it is per dium based so you can't go spending $100 on one meal and expect to claim it. In Florida the per dium ranges from a high of $64 a day to a low of $54 a day. They break it down by meal.
Breakfast low rate $12 High rate $15
Lunch low rate $13 High rate $16
Dinner low rate $24 High rate $28
Tips given can also be deducted at 15%

If you are entertaining clients then that is a totally different catagory.

If you have been claiming meals down the street and getting away with it then good for you. Just remember when the auditor comes knocking he goes back 7 years on the audit and the penalties are figured back that far also. They expect payment immediately and put a lean on everything until they get it. Not a happy place to be.

In my opinion that meal at McDonalds down the street isn't worth the penalties the IRS will impose on you.


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## Blahgard

Or unless they make Obama mad.


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## DrivingStPete

zordac said:


> When it comes to meals you have to be outside of your home tax area and spend an overnight


It sounds to me like you are talking about a travel expense. I'm in no way an expert, but I agree with you if, the specific deduction you are mentioning is for travel.

And thanks for the 50 page document lol which speaks to the benefits of paying someone else to be the expert


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## Coachman

I've been filing Schedule C for years. And there's no way "going to lunch" is deductible, unless you're entertaining clients. So no, that cheeseburger you eat in the car is not a write off. That said, I used to entertain clients quite a bit. lol


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## Blahgard

It's ok if you don't belong to a right wing organization.


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## DrivingStPete

You all are right. Food and lunches are not business expenses and can't be written-off. Smh


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## Euius

Coachman said:


> I can't imagine many uber drivers are audited, anyway, unless they have some other source of income that's of interest to the IRS.


The majority of audits are against IRS employees, but the second largest group is random. Pure luck of the draw.

The IRS would audit somebody who made $500 for the year, if their name came up


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## Frontier Guy

Ok, let me tweak the above answers. You can only deduct your meal and travel expenses if you are gone away from home for 24 hrs. Been in trucking for 20 yrs, I have tons of deductions every year, also just finished going through an IRS audit (sans lube) for tax year 2011. The way it works is this:

You leave home at Noon on Monday, return home at Noon on Tuesday. The standard meal deduction is $63 per day. HOWEVER, that is not what you can claim. For Monday you can claim 75% of that amount, for Tuesday, you can only claim a maximum of 50% of that amount, and in the event of an audit, expect the IRS to reduce Monday to 50% and Tuesday to 25%, unless you can prove that you ate two meals each day, while still away from home. Now, in order to claim that 80% of that $63 (the normal rate), you would have to be gone from Noon Monday till Noon Weds., in which case, you can claim 80% of the amount for Tuesday, but only claim 75% for Monday and Weds..

Also, technically for all this apply, you generally must travel beyond 100 air miles from your home base. So, with Uber/Lyft, unless you are taking a pax 200 miles each way, and spending the night before returning, good luck.


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## DrivingStPete

So I'm no more likely to be audited for having a strategy meeting that includes food, than an irs employee? How cool is that? !


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## Frontier Guy

Um, wanna bet, they love to audit the self employed........guess whose considered self employed.


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## DrivingStPete

Frontier Guy said:


> travel expenses


so we know not to classify food we eat as a travel expense. Valuable stuff!

I still think you all should have some meetings when you eat that help you more effectively operate your business and ultimately drives increases in revenue.


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## Euius

DrivingStPete said:


> So I'm no more likely to be audited for having a strategy meeting that includes food, than an irs employee? How cool is that? !


All IRS employees are audited. Every single year


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## Rustbuster

Ozzyoz said:


> If you eat chipotle or pay for any meals while driving Uber LYFT--you can write all that stuff off in tax time. Most people don't know just how much they can write off and that is why they often end up being told to send some money to uncle Sam. Last year I was given 3k by IRS when they saw all things I wrote off.


My tax guy told me I couldn't write off food because I "had to eat regardless of driving Uber or not". 
The only way he said I could write off food is if I ate with another client/ prospective client which would make it a business move. 
Don't know how true but that's what I went with because he's the 'professional'.


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## 58756

Rustbuster said:


> My tax guy told me I couldn't write off food because I "had to eat regardless of driving Uber or not".
> The only way he said I could write off food is if I ate with another client/ prospective client which would make it a business move.
> Don't know how true but that's what I went with because he's the 'professional'.


But if the job made u hungry due to excessive usage of your leg and feet to drive and made you hungry at a time that you wouldn't otherwise be hungry, then yeah you should be able to write it off.


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## DrivingStPete

So why not make it a business meal? Hand someone a referral card, discuss safety or logistics.


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## Rustbuster

Lol.. as some of the other posters said earlier, not worth the risk.


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## Coachman

Euius said:


> The majority of audits are against IRS employees, but the second largest group is random. Pure luck of the draw.
> 
> The IRS would audit somebody who made $500 for the year, if their name came up


They aren't exactly random. Higher income ($200K+) are about twice as likely to be audited. So are businesses and taxpayers who file Schedule C. So a rideshare driver might be more likely than the average person to be audited but that's probably offset by the low income. And when you consider that $.54/mile is already deductible, there doesn't seem much point in writing off that chicken sandwich you eat in your car.


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## steveK2016

Mango Tango said:


> I was under the impression you can write off individual items by saving receipts or by taking the milage..not both. I tbink the milage is easier and will be more lucrative since i track Milage from home to return home


My CPA told me either miles or receipts for car expenses. Business expenses or customer comfort items can be written off. So the cell phone mounts, the device itself and it's plan could be partially deducted. New floor mats, etc, can be considered customer comfort items.

Although gas for sure cannot be written off if you are tracking miles, I also don't think oil changes or other maintenance cannot either. Miles are usually allocated with enough write offs to cover overall maintenance and costs to operate, that is, if I'm understanding the explanation correctly... and he told me you can do either or but chances are, miles will always get you higher write offs.


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## Greguzzi

Blahgard said:


> Or unless they make Obama mad.


Or forgot to donate to the Clinton Crime Family Foundation.


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## millerteachglobal

You can deduct almost any money you pay while driving Uber, for almost any reason. I always take (legal) advantage of TONS of deductions for every activity I can. Research it and do itemized deductions, and you can legally and ethically deduct SO much!


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## Another Uber Driver

Coachman said:


> I've been filing Schedule C for years.


From what I have heard and read, filing Schedule C is like writing a letter to the Internal Revenue in boldfaced red CAPSLOCK begging it to audit you.



Frontier Guy said:


> Um, wanna bet, they love to audit the self employed........guess whose considered self employed.


Many schedule C filers are....oh, never mind, he posted it below. \/ \/ \/ \/ \/



Coachman said:


> twice as likely to be audited are taxpayers who file Schedule C.


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## Another Uber Driver

millerteachglobal said:


> You can deduct almost any money you pay while driving Uber, for almost any reason.


Pourrait-on deduire le prix du cafe?


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## Fuzzyelvis

Coachman said:


> I've been filing Schedule C for years. And there's no way "going to lunch" is deductible, unless you're entertaining clients. So no, that cheeseburger you eat in the car is not a write off. That said, I used to entertain clients quite a bit. lol


I've been doing the same since 1991. You are correct. Yet for some reason people on this forum keep trying to tell others they can deduct that cheeseburger they eat inbetween trips.

I don't get it. The IRS is very clear on this. Why would they allow you to deduct a hamburger from Mcdonalds but not one you bring with you? It doesn't even make sense.


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## Fuzzyelvis

DrivingStPete said:


> so we know not to classify food we eat as a travel expense. Valuable stuff!
> 
> I still think you all should have some meetings when you eat that help you more effectively operate your business and ultimately drives increases in revenue.


Meet with a fellow driver for lunch and discuss strategies for predicting surge, areas to get good trips, etc. and it is a business expense. I HAVE done that, but only a few times.


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## the rebel

Officially under IRS rules you have to be over 50 miles from home on an overnight trip or at a true business meeting to write off meals.


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## DrivingStPete

Every example I gave is a true business meeting. 

Why do you all keep talking about travel expenses when clearly that won't work for most drivers?


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## Frontier Guy

DrivingStPete said:


> Every example I gave is a true business meeting.
> 
> Why do you all keep talking about travel expenses when clearly that won't work for most drivers?


I think you would have a hard time qualifying it as a business expense. When you got through the Audit, they are all different, but mine went like this, first it was done by mail, when I got tired of dealing with a drone via mail, I requested a face to face audit with a local IRS person. I never met with her, she was a ****, had to hire a lawyer who dealt with her, the lawyer was a joke, got no benefit from him. Then I demanded a hearing with an appeals officer, finally a face to face meeting. She super nice, very cool, very friendly (I know not all are), very understanding. Spent almost hours with her, going line by line, while in the end she accepted most of my deductions that I could prove, when we were discussing my trucking expenses, I had to be very explicit about each one, and able to justify it 150%.


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## fbc28277

DrivingStPete said:


> Car washes, oil changes, tires, work clothes, windshield wipers, all mechanical work, mileage.... Yes there are tons of things you can write-off.
> 
> Lots of drivers use Uber specifically for the their overall tax situation.


If you use the IRS mileage deduction, you can't itemize car related expenses like fuel, oil changes, tires, repairs etc. Generally, you will be better off not itemizing and just track your mileage, especially if you are getting at least 20mpg out of your car.


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## DrivingStPete

Your input is appreciated. Again, everyone's tax situation is different. Most drivers do not only get income from Uber. Many have multiple revenue streams. This creates a complexity that makes it best to rely on experts to assess what the most effective strategy is for your individual tax situation.

My suggestion is too speak with a tax professional about your individual tax situation as a independent contractor and whatever other income you earn throughout a years.


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## Older Chauffeur

Coachman said:


> I had a real estate friend who used to write off all his clothing purchases as "uniforms." The IRS didn't notice. That doesn't make it legit.


Early in my working career, I was employed by a large mortuary chain. We had specific clothing requirements, dictated but not provided by our employer. A coworker was audited, and his deduction for job related clothing was disallowed. The IRS has specific rules for this, along with meals and a host of other things. Your friend was lucky.


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## Sub Guy

Mango Tango said:


> I was under the impression you can write off individual items by saving receipts or by taking the milage..not both. I tbink the milage is easier and will be more lucrative since i track Milage from home to return home


Understand the confusion, let me see if I can make it clear....

two choices on "claiming" your expenses.
1. easy way - standard mileage deduction. You get to claim as standard deduction of $0.57 (this rate changes or can so make check the tax form) for every mile you drove your vehicle for business. This covers gas, oil, maintenance, depreciation, insurance, AAA, etc.
2. actual expenses - you claim actual amounts of all of the above costs but you can only claim a percentage based upon the business use of the vehicle. So you must provide mileage data for this method also (starting Odometer, ending Odometer and number of miles used for business). So if you put 10,000 miles on your car in a year but only 9,000 was driving for uber (because you drove to church, grocery store, main job, movies etc.) only 90% of your expenses for the year can be attributed to the business.


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## millerteachglobal

Another Uber Driver said:


> Pourrait-on deduire le prix du cafe?


Oui.


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## SoiCowboy

DrivingStPete said:


> You all are right. Food and lunches are not business expenses and can't be written-off. Smh


But what about having lunch or dinner with other Uber/Lyft drivers to specifically talk about the business. Isn't there a 50% deduction for the food?


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## Older Chauffeur

SoiCowboy said:


> But what about having lunch or dinner with other Uber/Lyft drivers to specifically talk about the business. Isn't there a 50% deduction for the food?


I'm not sure on this, but I think that deduction is for when you as a business person takes a client or prospective client to lunch. Basically allows you to deduct the cost of the meal for the client. 
I'm not a tax pro, so let's see what they say.


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## phillipzx3

DrivingStPete said:


> Car washes, oil changes, tires, work clothes, windshield wipers, all mechanical work, mileage.... Yes there are tons of things you can write-off.
> 
> Lots of drivers use Uber specifically for the their overall tax situation.


Clothes? Since when does Uber require you to wear anything special? Taxi drivers can't write off clothing.

Only if they require a uniform that can't be worn for anything other than work. And considering the casual clothing I see Uber drivers wear ( jeans/shorts and T's) trying to claim clothing is asking for trouble.

Yes...You might get away with it. But clothing for "Ubering" requires nothing special.


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## phillipzx3

Blahgard said:


> Or unless they make Obama mad.


Obama only gets mad at people dumb enough to believe he pens IRS code. ;-)


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## phillipzx3

millerteachglobal said:


> You can deduct almost any money you pay while driving Uber, for almost any reason. I always take (legal) advantage of TONS of deductions for every activity I can. Research it and do itemized deductions, and you can legally and ethically deduct SO much!


Name 5 out the "tons" of things. You can't deduct anything more than any cab driver can.


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## phillipzx3

Fuzzyelvis said:


> Meet with a fellow driver for lunch and discuss strategies for predicting surge, areas to get good trips, etc. and it is a business expense. I HAVE done that, but only a few times.


That's not a business meeting. If anything, it would be like two competing businesses collaborating on how to rig fees.

Do you think the IRS allows two taxi drivers to deduct their lunch because they talked about how to manipulate their passengers into paying more than they should?


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## SoiCowboy

phillipzx3 said:


> Clothes? Since when does Uber require you to wear anything special? Taxi drivers can't write off clothing.
> 
> Only if they require a uniform that can't be worn for anything other than work. And considering the casual clothing I see Uber drivers wear ( jeans/shorts and T's) trying to claim clothing is asking for trouble.
> 
> Yes...You might get away with it. But clothing for "Ubering" requires nothing special.


Had an accountant in the car the other night and she stated that if you formed a corporation and the rules state that you must wear a uniform with the company logo, then it would be tax deductible. You wouldn't form a corporation just for that purpose. It's to shield yourself from risk.


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## Nomad

I am no longer a tax pro, but when I was (4 years experience) I had a wide variety of clients, managed an office, and instructed the beginner course as well as some upper level courses. I also worked during the off-season handling audits and other IRS notices.

*In general, you shouldn't be claiming your meals as an expense*... actually, you shouldn't even be eating out. You're an Uber driver. Granola bars, almonds, trail mix, and jerky are what you should be eating in order to save money, maximize hours, and thereby maximize revenue.

But let's say you buy a $5 cheeseburger and claim it as a meal expense. You're not getting a free cheeseburger. The tax benefit of that $5 cheeseburger is about 38 cents (assuming you're only income is from Uber and the profit shown is low enough not to be subject to income tax), so it's a far cry from a free cheeseburger.

Having said that, the Tax Code is never definitive. It is interpretive.

One of my audit clients owned a small construction business and was being challenged (among other things) on his meals deductions. When I asked him about it, he explained that in the later part of the year, his company saw a boom and the work hours would typically go past dinner time so he would order pizzas for his guys to take a quick break and then get back to work.

On a whim (mostly because I just like arguing with the IRS), I explained to the IRS that these meals were ordinary (during a boom) and necessary (in order to complete the work on time and to keep his workers from quitting) to the continuing operation of the business. I even argued that these meals shouldn't be subject to the 50% limit because they had nothing to do with travel and that limit is specifically for travel meals. 

To my surprise, they allowed the expense (subject to the 50% limit ). So the lesson I learned is *it really has more to do with how you argue* than whether or not it's "written in stone."

But I highly doubt that any CPA or EA would stand with you if you're a part-timer working 3 hours on a Friday night and claiming your bloomin' onion, filet mignon, and chocolate cheesecake explosion. It's hard to argue that eating out was necessary for you. It would be much easier to try to argue that a full-timer grabbing a burger and a red bull in the middle of an intense 10-hour surge binge deserves an allowable expense.

The interesting notion brought up here is the *meeting with another driver*. My advice would be to take notes about what strategies you discussed because that's what an agent will want to know in an audit. It would be difficult, however, to argue that a meeting was necessary every day you worked.

Oh, and when it comes to deductions for *clothing*, what I told my clients is that if you could normally wear it in public without advertising for the business (so it's not a logo shirt) then it's not deductible. So suits and ties wouldn't qualify unless the they had the company's logo on them. Medical staff really screwed themselves by wearing scrubs everywhere because they used to be deductible but can now clearly be substituted for everyday wear. 

I once saw another driver with an Uber t-shirt and Uber sunglasses that he ordered offline (I guess some of us chug the koolaid in the beginning). He could expense that.

Edited for spelling errors


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