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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13598
Experience:  15years with H & R Block. Divisional leader, Instructor
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I worked as a consultant for most of last year at one company.

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I worked as a consultant for most of last year at one company. The job started in 2011 and at first I only had to go to the business location occasionally, but it eventually evolved to where I had to go there 5 days a week for 8 hours a day most of the time during 2012. The job ended after several months in 2012 and they let me go with just a couple of days notice. My question is, it was a 90 mile round trip each day, can I deduct the large car allowance mileage from my 2012 taxes as a business expense, or would the IRS consider me a full time employee?

Robin D. :

Hello and thanks for trusting me to help you today. I am a tax adviser with over 15 years of experience.
If you were a consultant and you were issued a 1099MISC then you would be allowed to use your mileage to the site from your main business location.
If you are filing a Schedule C then you can use the mileage.
As far as being seen as an employee, even if you were, that location was temporary and not your main place of business as long as you had another place of business and the location was expected to last less than 12 months.

Robin D. :

A common law employee the employer would have had to withhold taxes and pay their half of SS and Medicare.

Robin D. :

The determination for independent or employee is needed to see if the employer needs to withhold and cover their side of teh taxes but it would not stop you from claiming expenses for a temporary position.

Customer:

I primarily work from my home office, and did so for this company at first. For most other companies that I have consulted for I worked primarily from my home office and only met with them occasionally.

Robin D. :

Then this consulting would be handled teh same.

Robin D. :

the same sorry

Robin D. :

You are not just their employee because they demanded more of your attention

Customer:

Also, on this last job that company did not withhold taxes or SS.

Robin D. :

And they should not have if you were not an employee

Robin D. :

I do not see how this last consulting assignment would be different from your other assignments

Customer:

So nothing special I should enter on my taxes for 2012, except for the large expanse for all the mileage to and from their location?

Robin D. :

The milage from your office to the site would be an allowable expense. The income would be reported as usual onyour Schedule C

Customer:

Great, thanks for your help, that was just what I wanted to hear!

Robin D. :

You are most welcome.
Your positive rating is always thanks enough.

Robin D. :

If you’re a subscription customer, feel free to add me to your Preferred Expert Team so we can work together in the future

Robin D. :

Did you need further assistance?

Customer:

Nothing further at this time. Thanks again.

Robin D. :

You are welcome.

Robin D. :

Your positive rating is always thanks enough.

Robin D. :

I really enjoyed working with you – please feel free to request me again when you come back to ask another question.

Robin D. :

If you have difficulty finding the "Smiley Faces" to rate let me know.

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