# Can I write these meals, gas off while driving in another state?



## kenyarc (Aug 18, 2020)

So I normally drive full time in DC, MD and VA. But in May 2021 I drove to Louisiana and worked almost every day until July 9th 2021 when I returned home to Virginia. To drive in Louisiana, I had to change my location and get a new background check for both Lyft/Uber. 

On my drive to Louisiana I stayed one night at a hotel in Tennessee. When I returned home, I again stayed at the same hotel. Anyway, I'm wondering if I can write off all the trip expenses for the duration of my stay in Louisiana: the *gas, *food, *hotels, June and July car-wash expenses, etc. Are all of those considered business expenses since I went to Louisiana and drove for Lyft almost every day there?

Thanks.


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## Seamus (Jun 21, 2018)

You are going to get a lot of *opinions* here, not necessarily definitive tax advice. The short answer in *my opinion *(not fact) is Maybe.

What's relevant is your "Tax Home" versus your temporary work location.

Your Tax Home is the area you normally work, the DC/MD/VA area. Clearly in your tax home Hotel and Meals are not deductible.

However, your situation is pretty unique in that you have a documented temporary work location. The way I understand the relevant code you actually *may *be able to deduct the expenses you listed although meals might be limited to 50%.

I'd love to hear what @UberTaxPro thinks about it. Either way this issue is a little complicated and you should seek the advice of a Tax Professional.

Below, I've attached the two relevant sections of *IRS Publication 334, *_*Guide for small businesses.*_ Good Luck!

*Car and Truck Expenses*
_If you use your car or truck in your business, you may be able to deduct the costs of operating and maintaining your vehicle. You may also be able to deduct other costs of local transportation and traveling away from home overnight on business.
Local transportation expenses.

Local transportation expenses include the ordinary and necessary costs of all the following. _

_Getting from one workplace to another in the course of your business or profession when you are traveling within the city or general area that is your tax home. Tax home is defined later._
_Visiting clients or customers._
_Going to a business meeting away from your regular workplace._
_Getting from your home to a temporary workplace when you have one or more regular places of work. These temporary workplaces can be either within the area of your tax home or outside that area._
_Local business transportation does not include expenses you have while traveling away from home overnight. Those expenses are deductible as travel expenses and are discussed later under Travel and Meals . However, if you use your car while traveling away from home overnight, use the rules in this section to figure your car expense deduction. 

Generally, your tax home is your regular place of business, regardless of where you maintain your family home. It includes the entire city or general area in which your business or work is located.

Travel expenses.

These are the ordinary and necessary expenses of traveling away from home for your business. You are traveling away from home if both the following conditions are met. _

_Your duties require you to be away from the general area of your tax home (defined later) substantially longer than an ordinary day's work._
_You need to get sleep or rest to meet the demands of your work while away from home. _
_Generally, your tax home is your regular place of business, regardless of where you maintain your family home. It includes the entire city or general area in which your business is located. See Pub. 463 for more information.

The following is a brief discussion of the expenses you can deduct.
*Transportation.*

You can deduct the cost of travel by airplane, train, bus, or car between your home and your business destination. 
*Taxi, commuter bus, and limousine.*

You can deduct fares for these and other types of transportation between the airport or station and your hotel, or between the hotel and your work location away from home. 
*Baggage and shipping.*

You can deduct the cost of sending baggage and sample or display material between your regular and temporary work locations. 
*Car or truck.*

You can deduct the costs of operating and maintaining your vehicle when traveling away from home on business. You can deduct actual expenses or the standard mileage rate (discussed earlier under Car and Truck Expenses ), as well as business-related tolls and parking. If you rent a car while away from home on business, you can deduct only the business-use portion of the expenses. 
*Meals and lodging.*

You can deduct the cost of meals and lodging if your business trip is overnight or long enough that you need to stop for sleep or rest to properly perform your duties. You can use actual expenses or standard meal allowance to calculate your deduction. In most cases, you can deduct only 50% of your meal expenses. See Pub. 463 for additional information.
*Cleaning.*

You can deduct the costs of dry cleaning and laundry while on your business trip. 
*Telephone.*

You can deduct the cost of business calls while on your business trip, including business communication by fax machine or other communication devices. 
*Tips.*

You can deduct the tips you pay for any expense in this list. 
*More information.*

For more information about travel expenses, see Pub. 463._


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## 25rides7daysaweek (Nov 20, 2017)

Seamus said:


> You are going to get a lot of *opinions* here, not necessarily definitive tax advice. The short answer in *my opinion *(not fact) is Maybe.
> 
> What's relevant is your "Tax Home" versus your temporary work location.
> 
> ...


Dude, you know that avatar pic isnt really her right?


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## Seamus (Jun 21, 2018)

25rides7daysaweek said:


> Dude, you know that avatar pic isnt really her right?


Absolutely!


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## kenyarc (Aug 18, 2020)

25rides7daysaweek said:


> Dude, you know that avatar pic isnt really her right?


you don't even know if it's really a Her.


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## KK2929 (Feb 9, 2017)

First of all, I would talk to a tax expert.
Only gas and car expenses are deductible, no matter where you drive or why you left one state to drive in another. Any expenses you paid for, such as, inspection fees or licenses would , also, be deductible.. Personal expenses like food and housing are not deductible, in this instance.


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## 25rides7daysaweek (Nov 20, 2017)

kenyarc said:


> you don't even know if it's really a Her.


One would assume the avatar is an accurate representation of the person who made the account
Catfishing and gender identity issue sites
are down the hall


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## kenyarc (Aug 18, 2020)

25rides7daysaweek said:


> One would assume the avatar is an accurate representation of the person who made the account
> Catfishing and gender identity issue sites
> are down the hall


do you know what they say about people who make assumptions?









Are Assumptions Making An Ass Out of You and Me?


If we dig down under the layers of misunderstandings, there usually lies a big mess of assumptions and erroneous beliefs. Something challenging happens with a team member and we ca



www.traceyezard.com


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## kenyarc (Aug 18, 2020)

KK2929 said:


> First of all, I would talk to a tax expert.
> Only gas and car expenses are deductible, no matter where you drive or why you left one state to drive in another. Any expenses you paid for, such as, inspection fees or licenses would , also, be deductible.. Personal expenses like food and housing are not deductible, in this instance.


 I think you're right. I ask because I used to work with an attorney. Whenever he went out of state to work on business, he deducted his meals, transportation expenses, and hotels.


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## Disgusted Driver (Jan 9, 2015)

@Seamus is right, it's a gray area requiring more mastery of the tax code than we possess. With that said, if you are not able to get professional advice (or don't want to pay for it) I would go for it. You can legitimately make the case and in the worst case you get audited, they disagree, find against you and you have to pay it back + 10% penalty I think for a mistake) . It's pretty low odds you'll be audited.

The attorney had to go to the location specifically to do the job I assume, you will be asked why did you go to Louisiana? People in my area who go to the beach to work the summers (for higher earnings) are deducting their travel and expenses.


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## Uber's Guber (Oct 22, 2017)

25rides7daysaweek said:


> Dude, you know that avatar pic isnt really her right?


Looks like a typical Lyft pax profile pic.


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## kenyarc (Aug 18, 2020)

Uber's Guber said:


> Looks like a typical Lyft pax profile pic.


It's a picture of my niece who passed away. Thanks.


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## Frontier Guy (Dec 27, 2015)

kenyarc said:


> So I normally drive full time in DC, MD and VA. But in May 2021 I drove to Louisiana and worked almost every day until July 9th 2021 when I returned home to Virginia. To drive in Louisiana, I had to change my location and get a new background check for both Lyft/Uber.
> 
> On my drive to Louisiana I stayed one night at a hotel in Tennessee. When I returned home, I again stayed at the same hotel. Anyway, I'm wondering if I can write off all the trip expenses for the duration of my stay in Louisiana: the *gas, *food, *hotels, June and July car-wash expenses, etc. Are all of those considered business expenses since I went to Louisiana and drove for Lyft almost every day there?
> 
> Thanks.


I would definitely talk to a tax professional, but I would think you would meet 100% of the criteria for it, although, the grey area to it, you are an independent contractor, and were not required to relocate by your employer, you would have to come up with a really good excuse in the event you are audited.



KK2929 said:


> First of all, I would talk to a tax expert.
> Only gas and car expenses are deductible, no matter where you drive or why you left one state to drive in another. Any expenses you paid for, such as, inspection fees or licenses would , also, be deductible.. Personal expenses like food and housing are not deductible, in this instance.


Actually they are, under form 2106, unreimbursed employee business expenses (meals, lodging, certain types of entertainment, publications, etc.) are deductible when travelling for business away from your primary home operating area.


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## BestInDaWest (Apr 8, 2021)

IMO the expense is so small it wont matter..bury it in gas cost or mileage...you think your gonna get audited for 2 nights at the motel 6? haha....the key to deductions is dont get greedy....


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## UberPotomac (Oct 8, 2016)

kenyarc said:


> So I normally drive full time in DC, MD and VA. But in May 2021 I drove to Louisiana and worked almost every day until July 9th 2021 when I returned home to Virginia. To drive in Louisiana, I had to change my location and get a new background check for both Lyft/Uber.
> 
> On my drive to Louisiana I stayed one night at a hotel in Tennessee. When I returned home, I again stayed at the same hotel. Anyway, I'm wondering if I can write off all the trip expenses for the duration of my stay in Louisiana: the *gas, *food, *hotels, June and July car-wash expenses, etc. Are all of those considered business expenses since I went to Louisiana and drove for Lyft almost every day there?
> 
> Thanks.


Didn’t you travel to check a new car to upgrade for UBER ? You had to stay on hotel, eat and gas ⛽ your car conducting business related to your rideshare activities . Of course , the haircut and the spa are not deductible but Motel 6 , Dennis and Sunoco don’t see why not . Again I am not a tax advisor , you do as you see fit .


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## _Tron_ (Feb 9, 2020)

Let's see. Assuming no one's leg is being pulled here, let us ask you a few questions that might help you answer your own question.

1) You are an Uber and/or Lyft driver in your home state, correct?
2) You are therefore an independent contractor in your home state, correct?
3) You temporarily relocated to another state where you also drove for U/L under similar circumstances, correct?
4) You file a Federal Schedule C each year to report your U/L income, correct?

How many years have you been driving? Are you aware that for many, after taking the various allowed flat deductions for RS, mainly the standard deduction for vehicle expense, that they have no Federal tax liability, and often no state tax liability?

You may want to wait until the end of the year and do a run through of your tax liability. See if you have any reason to be seeking further deductions. If you have no liability you have no need to worry about further deductions.

If you do happen to have a liability, my concern would be less about whether the deductions you want to claim are legal (I'll bet a dollar to a hole in a donut that answers from experts would be mixed), and more about whether the deductions are typical audit flags to the IRS.

And the question you did not ask but should, if you haven't already determined the answer, is if you need to file in Louisiana.

That would be my advice.


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## _Tron_ (Feb 9, 2020)

kenyarc said:


> I ask because I used to work with an attorney. Whenever he went out of state to work on business, he deducted his meals, transportation expenses, and hotels.


Mot of the attorneys I have worked with would likely do that as well. The problem is, attorneys are not ideal role models when it comes to following the law. As to that assertion I am providing you expert testimony. :> :>


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## Diamondraider (Mar 13, 2017)

_Tron_ said:


> Let's see. Assuming no one's leg is being pulled here, let us ask you a few questions that might help you answer your own question.
> 
> 1) You are an Uber and/or Lyft driver in your home state, correct?
> 2) You are therefore an independent contractor in your home state, correct?
> ...


Good advice here


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