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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28081
Experience:  Taxes, Immigration, Labor Relations
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I get taxed on non taxable items. They are meal penalties the

Resolved Question:

I get taxed on non taxable items. They are meal penalties the I receive for not breaking for lunch on time. On what form can I put this number to receive the tax deduction
Submitted: 7 years ago.
Category: Tax
Expert:  Lev replied 7 years ago.

HiCustomer Thank you for asking your question on JustAnswer.


-How do you get taxed meal penalties ? are they included into your W2 form?
-Did you actually received or paid these penalties?
-Can you provide more details on these penalties?

Thank you again for trusting us with your problem.

Customer: replied 7 years ago.
A meal penalty is something that my employer pays to me when we go over six hours worked without a break. I work in the entertainment industry and the State law for us is that we take a lunch break after six hours worked. These penalties are included in my weekly paycheck so they are included in my W2, but not seperated into their own catagory. I have heard from my co-workers that the money I receive from the penalties should not be taxed, but throughout the year I pay a tax on them.
Expert:  Lev replied 7 years ago.

Yes - California law provides - if an employer fails to give a meal break, the employee can recover one hour of pay at their regular rate of pay.

These payments are considered your wages and as such ought to be reported on W2 form as wages.


Some employers in additional report that amount in the box 14 - but that is for information only - there is no separate category for that amount and there is no separate tax treatment.


The information that such compensation is not taxable is incorrect.

Customer: replied 7 years ago.
Thank you for your reply and sorry it takes me so long to get back to you.

There are people that I work with who claim to have their accountant write this money off. I understand that it is not a write off, as I felt that way and just wanted to confirm, but how do their accountants do this and is it something that will cause an audit.

Thank you in advance, and without wasting to much more of your time I will accept your next response so you can get paid.
Expert:  Lev replied 7 years ago.

Your employer absolutely correctly included this compensation into your taxable income - and you may not simply exclude it.

To claim a deduction - you should have some legit expenses that qualify for deductions.

In this situation we are talking about additional income - not about expenses that may be written off...


That sounds as misunderstanding...

but also possible that your friends are in situation of "creative" accounting - and that is only a matter of time when they will be caught...


Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28081
Experience: Taxes, Immigration, Labor Relations
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