Truck use for a client with W2

[rose323]

Hi, Everyone. I have a client who received a W2 and wants to add his vehicle as a write-off for use during the job. He wants to write off examples, mileage maintenance, etc. The company he works for reimburses him monthly for leasing the vehicle and mileage. I insist he can not use it as an expense since he is a w2 employee. He says all his friends add their expenses. What is the best way to respond, or am I missing something? 

[BobKamman]

Tell him he can make a lot of money as an IRS whistleblower, reporting the people who are doing that.  See IRS Form 211.

[rose323]

I love the reply lol,  but he just gave me some more information. He is in the army, and I researched form 2106. There is a sheet that guides if he needs to file. He states he has only been reimbursed $3375, and he has about $10872 in expenses. I believe it states only Army reservists can use the form. 

[BobKamman]

Expenses deductible on Form 2106, of course, must be paid in connection with the performance of services as a reservist and for travel that is overnight and more than 100 miles from your home.

But the song and dance he is giving you might qualify for the "performing artist" category.  

[PODW4444]

straightforward advice          has been provided from others ...   not deductible..........

look for other angles to reduce your fed tax .............set up an llc for profit purposes ..........then deductions like home office , payroll , , retirement sep-ira ,cell phone , auto expenses ,  family employees come into play ..........

good luck from green brook nj 

[qbteachmt]

"set up an llc for profit purposes"

Uh, what?

Having an LLC has nothing to do with anything. The activity and purpose is what matters. That's quite a leap to advise an employee whose company is using their personal equipment and already paying them for it.

[qbteachmt · Accepted solution]

"The company he works for reimburses him monthly for leasing the vehicle and mileage."

Tell him you can't double dip. He already gets the benefit from his company of being paid for what he wants to then write off. Explain you don't write off a truck as if that is printer paper. Explain mixed use vehicles.

"He states he has only been reimbursed $3375, and he has about $10872 in expenses. I believe it states only Army reservists can use the form."

Did you read Why they would use it: "and include the part of the line 10 amount attributable to the expenses for travel more than 100 miles away from home in connection with your performance of services as a member of the reserves on Schedule 1 (Form 1040), line 12, and attach Form 2106 to your return."

He's an employee of a business that already reimburses him for the business use. He might also be in the reserves, of course, so that related expense for reserves is why you use Form 2106 as a reservist.

There is no Free for All for using the same expense over and over, just because you find different provisions.

[rose323]

Agree