Can I deduct my car repairs .I'm a health aid in the community I travel from patient go patient?

[sassy4243]

I was told I couldn't do it by H and R block without livery plate

[SweetieJean]

Are you paid on a W-2, or a 1099-MISC?  Any reimbursement?

[SweetieJean]

Which state?

[SweetieJean]

The Livery plate "requirement" sounds like nonsense. Ask the HRB person to show you the relevant portion of the tax code.

[sassy4243]

Massachusetts........no 1099 they attempt to put misc.   On on checks but nothing on our w2

[Opus 17 · Accepted solution]

If you use your car for work, this is what you can do with your expenses:

You can deduct your expenses using the standard mileage method or the actual expense method.  If you use the standard mileage method, the standard amount includes allowances for gas, fuel, maintenance, repairs, and wear and tear.  You can't deduct extra for repairs on top of the standard method.  You need accurate records of your work-related mileage (date, miles, purpose) either using a paper log book or some kind of app.

If you use the actual expense method you deduct the total actual expenses, including fuel, repairs, maintenance, insurance and depreciation. You must have accurate records of ALL your mileage for the year (work and personal) plus accurate records of all your expenses.  You deduct the percent of total expenses equal to the percent of work miles.  The actual expense method is a lot more complicated and requires keeping more paperwork and proof, and the standard method usually works out better for most people.

If you are a W-2 employee, the deduction is an itemized deduction subject to the 2% rule so not everyone will actually benefit.

Also important for 2018:

If you are a W-2 employee, your ability to deduct work-related mileage ends on your 2017 tax return. The deduction was eliminated by the 2018 tax reform package.  If you are self-employed, you can continue to deduct work mileage as an expense on schedule C.

[sassy4243]

This still isn't completely what I wanted........I don't care about mileage only repairs..............in 6 years I've done over ten thousand dollars ........by myself and never was able to deduct cuz H R BLOCK TOLD ME I COULD NOT

[SweetieJean]

"no 1099 they attempt to put misc.   On on checks but nothing on our w2"
It is important that we know whether you are a W2 employee or a 1099-MISC contractor.  If you have been deducting mileage, you cannot also deduct repairs. Do you also use the same car for personal trips?

[Opus 17]

It completely answers the question.

1. If you use your personal car in business, you can deduct car expenses using either the standard mileage rate method (about 55 cents per mile)  or using the actual expense method.  You do not need a livery license.

2.  If you use the mileage rate method, repairs are included in the standard rate.

3. To take the deduction you need accurate mileage logs for your business and personal travel.

4. If you are a W-2 employee your deduction is limited by other rules.

5. The deduction for using your personal car for work is gone for 2018 but was available in past years.

If you did not claim expenses using the mileage method or the actual expense method, you can file amended returns for 2015, 2016 and 2017 to take the deduction.  But you still must have accurate records of your business mileage showing the date, number of miles driven and business purpose of each trip.  No records, no deduction.

You only claim the expenses and miles for a particular year on that year's return.  You can't do a lump sum catch up.

[SweetieJean]

It is important that you understand the difference between repairs and maintenance. Replacing tires that have worn out from use (for example) is maintenance, not repairs.

in 6 years I've done over ten thousand dollars

Assuming you can deduct these items, you have to figure out which % is business and which is personal; match them up to each applicable year, and file an amended return for each year. You cannot lump the $10k together in one year, and you cannot amend for a refund prior to 2014, due to the Statute of Limitations.

If you are W-2 employee, you can only deduct the amount that's in excess of 2% of AGI, plus your total itemized deductions must be be more than the Standard deductions. 

Go back to HR Block and ask to see a supervisor, Ask them to show you the law where it says you must have a Livery plate. Livery refers to limos, taxis, Uber vehicles, etc that carry passengers for hire. That is not you.

[SweetieJean]

<a rel="nofollow" target="_blank" href="https://www.mass.gov/service-details/learn-about-employee-business-expenses">https://www.mass.gov/se...>