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Subject Author Date
self-employed - travel SMF 03-31-2007
Posted by SMF on March 31, 2007, 10:15 pm
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Self Employed. Live in MA and travel to only client in
Chicago. Receive 1099-Misc from them. Have a lot of travel
expense. Don't really have an office in my home, do my
record keeping and planning etc at a computer table in the
family room. 1 - Can I deduct all the travel expenses? 2 -
If I don't have an office in my home is it still ok to write
all the travel expenses off? Thank you

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Posted by Victor Roberts on April 15, 2007, 1:42 pm
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> Self Employed. Live in MA and travel to only client in
> Chicago. Receive 1099-Misc from them. Have a lot of travel
> expense. Don't really have an office in my home, do my
> record keeping and planning etc at a computer table in the
> family room. 1 - Can I deduct all the travel expenses? 2 -
> If I don't have an office in my home is it still ok to write
> all the travel expenses off? Thank you

Yes. The issue of not being able to qualify for the home
office deduction does not change the rules regarding
business travel. You home is still your principle place of
business. Use Schedule C.

--
Vic Roberts
Replace xxx with vdr in e-mail address.

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Stuart A. Bronstein on April 16, 2007, 12:28 am
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>> Self Employed. Live in MA and travel to only client in
>> Chicago. Receive 1099-Misc from them. Have a lot of travel
>> expense. Don't really have an office in my home, do my
>> record keeping and planning etc at a computer table in the
>> family room. 1 - Can I deduct all the travel expenses? 2 -
>> If I don't have an office in my home is it still ok to write
>> all the travel expenses off? Thank you

> Yes. The issue of not being able to qualify for the home
> office deduction does not change the rules regarding
> business travel. You home is still your principle place of
> business. Use Schedule C.

Well, maybe. Where is his tax home? Does he work at home
at all, whether or his home qualifies as a home office? Or
is all his work for clients on the road? If he never works
except when he is away from home it could all be considered
commuting expenses.

It's not the same situation but I remember a case several
years ago where someone was really on the road for business
most of the time. The court held that he had no tax home so
couldn't deduct any of his travel, hotel or meal expenses.

Stu

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Victor Roberts on April 16, 2007, 5:03 pm
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>>> Self Employed. Live in MA and travel to only client in
>>> Chicago. Receive 1099-Misc from them. Have a lot of travel
>>> expense. Don't really have an office in my home, do my
>>> record keeping and planning etc at a computer table in the
>>> family room. 1 - Can I deduct all the travel expenses? 2 -
>>> If I don't have an office in my home is it still ok to write
>>> all the travel expenses off? Thank you

>> Yes. The issue of not being able to qualify for the home
>> office deduction does not change the rules regarding
>> business travel. You home is still your principle place of
>> business. Use Schedule C.

> Well, maybe. Where is his tax home? Does he work at home
> at all, whether or his home qualifies as a home office? Or
> is all his work for clients on the road? If he never works
> except when he is away from home it could all be considered
> commuting expenses.
>
> It's not the same situation but I remember a case several
> years ago where someone was really on the road for business
> most of the time. The court held that he had no tax home so
> couldn't deduct any of his travel, hotel or meal expenses.

You are correct. I was mostly trying to point out that
whether or not he qualifies for the home office deduction
does not determine whether or not he can deduct travel
expenses. I should have said; "IF your home is your
principle place of business..."

Going a bit further. He says he does some work from home
and also has only one client. If he does all his work for
this client while at the client's location, and this is his
only client, then I might argue that he is really an
employee and does not qualify for 1099 status since he fails
the test of being able to control the means of accomplishing
the end result.

--
Vic Roberts
Replace xxx with vdr in e-mail address.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Stuart A. Bronstein on April 16, 2007, 6:34 pm
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> You are correct. I was mostly trying to point out that
> whether or not he qualifies for the home office deduction
> does not determine whether or not he can deduct travel
> expenses. I should have said; "IF your home is your
> principle place of business..."
>
> Going a bit further. He says he does some work from home
> and also has only one client. If he does all his work for
> this client while at the client's location, and this is his
> only client, then I might argue that he is really an
> employee and does not qualify for 1099 status since he fails
> the test of being able to control the means of accomplishing
> the end result.

He could still be an independent contractor if the relevant
factors dictate. But it seems to me that even as a
contractor, if he has only one client and does all (or
substantially all) of his work for that client on their
site, it's still a commuting expense and not deductible.

Stu

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

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