# Can (or should) I claim mileage with no fares?



## itsbenbroughton (Jun 5, 2016)

Hi all, I've been using Uber destinations with pretty good success. I live in San Jose, but work right outside of the Oakland airport, so I often get riders going to the AP, and my 40 mile commute pays me. 

If I go online and set my destination, and drive my route with no fares, can, or should I claim that mileage? I'm going a route I would take any way, not that the IRS knows that, but even though I'm not always getting a fare, I'm hoping to.

Not trying to do anything shady, I've just seen people vehemently defend the idea of claiming mileage to get to your staging area, etc.

Thanks a bunch


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## forqalso (Jun 1, 2015)

You're driving with the app on and willing to pick up riders. If you pickup one on your way, you don't question claiming all the miles. A lack of business isn't a reason not to claim any due business expenses.


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## Older Chauffeur (Oct 16, 2014)

itsbenbroughton said:


> Hi all, I've been using Uber destinations with pretty good success. I live in San Jose, but work right outside of the Oakland airport, so I often get riders going to the AP, and my 40 mile commute pays me.
> 
> If I go online and set my destination, and drive my route with no fares, can, or should I claim that mileage? I'm going a route I would take any way, not that the IRS knows that, but even though I'm not always getting a fare, I'm hoping to.
> 
> ...


If I understand your post, you are commuting to a day job, and sometimes you are able to pick up a rider going your way or not too far out of your way.
In that situation, I think an IRS auditor would at the very least disallow the commute miles with no pax, as you would be making that trip anyway, and normal commute miles are not deductible. He/she might allow a deduction for Uber paid miles only, but even that seems dicey to me.
Disclaimer: I'm not a tax professional; just offering my own opinion based on stuff I've read.


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