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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37952
Experience:  Retired (mostly)
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I am a travel nurse with my residence currently located in

Customer Question

I am a travel nurse with my residence currently located in Temecula ca. I am looking at moving to rent a home at*****in Valley Center CA. My current travel assignment is located at Scripps Memorial Hospital La Jolla,*****in La
Jolla ca. To receive my housing and food stipen, my job must be 50 miles from my home. I went to google to get the distance from Valley Center in CA to*****and received 3 routes. The first showed 46 minutes ( 35.9 miles) via CA - 56 W, 2nd showed
59 min (35.8 mi)via Co Hwy S6 and the 3rd showed 59 min ( 51.6 miles) via CA-78 w/Ronald Packard pkwy and I-5 S. The 51.6 miles route has less traffic and so, it can be a faster commute versus taking the lesser mile commute and being stuck in traffic not moving.
As a travel nurse, in order to receive my tax free housing and food stipends, my residence must be at least 50 miles from work. My question is for an accountant , I believe, can I use 51.6 miles or 59 min route via CA-78 w/Ronald Packard pkwy and I-5 S and
still receive the tax free housing stipend or would the IRS make me select the lesser mile route (46 minutes ( 35.9 miles)) which, could actually take me longer to get to work in traffic but is less miles and would disqualify me from the tax free benefit stipends.
Thanks Linda
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello, Is this 50 mile limitation that you describe found in your employment contract?
Customer: replied 1 year ago.
The contract states the following " my compensation of $46.55 per hour or $1902 gross per week. This includes $14.00 per hour taxed at standard tax rates, and a non taxed per diem Of $268.40 each workMy gross pay is 1902 and my net is 1820. I was told about the food and housing stipen but that specific language is exclued from my contract.Should I ask them to include it so I won't have probkems with the IRS since I have already been doing this for a year . Ifvyes, and what should be included so I don't get in trouble?It's the companies contract but I can add some infitmation.
Expert:  socrateaser replied 1 year ago.
Yes, you should definitely get the agreement re the travel stipend in your contract, because there is no 50 mile limit in the IRS regulations. The rule for travel is more complicated than that. However, you can completely avoid any argument about what amount of deductions the IRS will alllow, by simply having your contract expressly state the amount that your employer will pay you for mileage. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Expert:  socrateaser replied 1 year ago.
Also, include food and housing. If you do not, then the employer doesn't have to pay anything for commuter travel.
Customer: replied 1 year ago.
I am sad that I asked a question related to this with just answer in the spring of this year for taxes and an accountant said that my 50 mile registry/agency nurse position qualified for the non taxed housing and food stipen. My question was just to clarify if moving which Google mileage to use. Your response negated the accountants answer where he confirmed the 50 Mike rule was valid. I filed taxes based on just answer accountants response and printed his response.I have used just answer for years and have always felt confident, up until niw.
Expert:  socrateaser replied 1 year ago.
I'm a tax lawyer. If you doubt my answer, then I suggest that you contact the accountant who originally advised you and ask him/her to, "Please cite the legal authority in support of the position that a 50 mile distance from a place of employment qualifies as travel out of town for purposes of deducting mileage as an employee." The 50-mile rule applies to moving expenses. 26 U.S.C. § 217(c); see IRS Tax Topic 455. It does not apply to travel expenses. Answers from "experts" should always be accompanied by citations to legal authority. If they are not, then the person providing the answer is not an expert, in my opinion. Because if he/she were, then he/she could cite the law. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!

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