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I ran into this question in my job as a traveling nurse. My agency reimburses per diem, but they specifically mention this "50 mile rule" in their policy. From what I understand after talking to our payroll department, the 50 miles is actually THEIR policy, not an IRS requirement. They use it as a simplified way to determine who qualifies for tax-free per diem. A company can set their own policies for reimbursement that are more restrictive than the IRS minimum requirements. So if you're getting per diem from your employer, check THEIR policy documents rather than just IRS publications.
This is really important info that people miss! My company does the same thing - their policy is stricter than the IRS requirements. Does your company's W-2 reflect the per diem in box 12 with a code L? That's how mine shows it.
As a tax preparer, I see this confusion about the 50-mile rule constantly during tax season. What many people don't realize is that the IRS actually uses a "sleep or rest" test rather than a specific mileage requirement. Publication 463 explains that you must be away from your tax home long enough to require substantial sleep or rest to meet the demands of your work. The 50-mile distance is more of a practical guideline that courts and the IRS use to help determine if overnight travel was truly necessary for business purposes. If you're traveling 30 miles but genuinely need to stay overnight due to early morning meetings or safety concerns, that could still qualify. Conversely, traveling 60 miles for a day trip wouldn't qualify for per diem. For audit protection, I always tell my clients to maintain a detailed travel log with business purpose, dates, locations, and why overnight stay was necessary. Also keep any employer communications about travel requirements - these carry significant weight with auditors.
This is exactly the kind of professional insight I was looking for! As someone new to business travel deductions, I'm curious about the "safety concerns" you mentioned as a valid reason for overnight stays. What types of safety situations would the IRS typically accept as legitimate business necessity? For example, if I have to drive through mountain passes in winter conditions and my employer recommends staying overnight rather than driving back the same day, would that qualify even at shorter distances?
Just wanted to add some important context here - you absolutely can still claim those stimulus payments through the Recovery Rebate Credit when you file your back taxes. However, be aware that the IRS has been extra thorough in reviewing returns that claim these credits, so make sure you have documentation of what you actually received (or didn't receive). If you're unsure about which payments you got, you can request your Account Transcript from the IRS online at irs.gov - it'll show all payments made to you. This will help you avoid claiming incorrect amounts which could delay your refund or trigger correspondence from the IRS. Also, since you mentioned being out of work, don't forget to look into other credits you might be eligible for like the Earned Income Tax Credit (if you had some income) or the Child Tax Credit if you have kids. These can significantly increase your refund beyond just the stimulus payments.
This is really helpful advice, especially about getting the Account Transcript! I didn't even know that was a thing. Quick question though - when you say the IRS has been "extra thorough" with these returns, what does that actually mean? Are they taking longer to process, or are people getting audited more often? I'm already nervous about filing so late and don't want to make things worse by doing something wrong.
@Christian Burns is spot on about getting that Account Transcript - it s'a lifesaver! When I say extra "thorough, I" mean the IRS is taking longer to process returns with Recovery Rebate Credits usually (6-12 weeks instead of the normal 21 days because) they re'cross-referencing your claimed amounts against their payment records. It s'not necessarily more audits, but they will send you a letter if there s'a discrepancy asking you to verify or correct the amount. I ve'seen people wait months for their refunds because they claimed the wrong stimulus amount and had to go back and forth with the IRS to resolve it. The key is being accurate from the start - if your Account Transcript shows you received $600 but not the $1,200 payment, only claim the $1,200 on your return. Better to be conservative and correct than to overclaim and deal with delays. The IRS has gotten much better at catching these discrepancies since they have all the payment data digitized now.
Just wanted to share my experience since I was in almost the exact same situation last year. I hadn't filed 2020 or 2021 taxes and was panicking about missing out on the stimulus money. Here's what I learned: First, you definitely CAN still get the stimulus payments through the Recovery Rebate Credit when you file your back taxes. The money comes as part of your tax refund, not as separate stimulus checks. Second, time is critical! For 2020 taxes, you only have until May 17, 2024 to claim any refund (including stimulus money). That's coming up fast! For 2021, you have until April 18, 2025. I ended up getting my Account Transcript from the IRS website to see exactly which payments I had received (turned out I got one partial payment I'd forgotten about). This was crucial because the IRS will delay your refund if you claim the wrong amount. Filed both years in February and got my refunds about 10 weeks later - much slower than normal but I did get the full stimulus amounts I was eligible for. The wait was nerve-wracking but totally worth it. Don't give up hope, just make sure you file accurately and as soon as possible!
Thank you so much for sharing your experience @Issac Nightingale! This is exactly the kind of real-world perspective I needed to hear. I'm definitely going to get my Account Transcript first thing tomorrow to see what payments I actually received. Quick question - when you say you got a "partial payment," what does that mean exactly? Like they sent you part of what you were supposed to get for one of the stimulus rounds? I'm trying to figure out if I might have received something without realizing it, since my finances were pretty chaotic during that time and I might have missed smaller deposits. Also, 10 weeks seems like a really long wait but I guess that's just how it is with late filings. At this point I'm just grateful there's still a way to get this money since I really need it right now. Thanks again for the encouragement!
Filed with H&R Block on Feb 5th and still waiting here too! Also filed jointly for the first time after getting married last year - seems like there are a few of us in the same boat this season. My WMR tool shows "still being processed" with no bars filled. I've been checking obsessively but trying to remind myself that 21 days is just an estimate. Seeing everyone's different timelines is actually pretty helpful - looks like it really does depend more on what's in your return than who prepared it. Fingers crossed we both get good news soon! The waiting game is definitely stressful when you're counting on that money.
@Misterclamation Skyblue Same here! Filed with H&R Block on Feb 7th, also newly married and filing jointly for the first time. It s'weirdly comforting to know there are others in the exact same situation. I keep refreshing WMR like it s'going to magically update, but I m'trying to be patient. Based on what everyone s'saying, it sounds like we re'all still within normal processing times. The stress is real though when you re'waiting on that money! Hope we all get our refunds soon š¤
Filed with H&R Block on Feb 6th and got my refund deposited yesterday! Also filing jointly for the first time after getting married - seems like there are quite a few of us newlyweds in the same situation this year! š My timeline was pretty standard at 22 days. We had a straightforward return with just W-2 income and took the standard deduction. The "Where's My Refund" tool was stuck on "being processed" for most of the time, then suddenly updated to "refund sent" and the money appeared the next day. Don't lose hope - it sounds like you're right in the normal processing window! The IRS really does seem to stick pretty close to that 21-day estimate for simple returns.
Has anyone handled mileage reimbursement for their nanny? Mine uses her personal car to take our kids to activities a few times a week, and I've been paying her the standard IRS mileage rate (65.5 cents per mile in 2023) based on a log she keeps. I'm treating these as non-taxable reimbursements, but I'm not 100% sure that's correct.
You're handling it correctly. As long as you're reimbursing at or below the standard mileage rate AND she's keeping a log with dates, destinations, and mileage for each trip, those reimbursements aren't taxable. My CPA confirmed this for me last year. Just make sure she's not including personal mileage or commuting (from her home to yours), as those wouldn't qualify for tax-free reimbursement.
This is such a helpful thread! I'm dealing with similar issues as a new household employer. One thing I'd add about the accountable plan - make sure you're clear about what constitutes a "business purpose" for your nanny's expenses. I learned the hard way that while admission to educational activities (museums, zoo, science centers) typically qualify as legitimate childcare expenses, things like birthday party gifts or personal snacks for the nanny herself don't meet the business connection requirement. Also, for anyone considering the educational assistance program route - check if your state has any additional requirements. Some states have their own rules about what constitutes taxable vs. non-taxable educational benefits for household employees. California, for example, has some specific guidance that differs slightly from federal rules. The documentation piece cannot be overstated. I now have my nanny submit a simple expense report monthly with receipts attached, and it's made tax time so much smoother. Having that paper trail makes all the difference if you're ever questioned about your treatment of these expenses.
This is exactly the kind of comprehensive guidance I was hoping to find! The distinction about what qualifies as "business purpose" is really important - I've been second-guessing myself on some expenses. Your point about state-specific rules is something I hadn't even considered. I'm in New York and now I'm wondering if there are additional requirements I should be aware of. Do you happen to know where to find state-specific guidance on household employee benefits, or is this something I'd need to research through the state tax department? The monthly expense report system sounds like a great approach. Right now I'm just collecting receipts in a shoebox which is definitely not going to work come tax time!
Evan Kalinowski
Dylan, I'm really sorry to hear about your situation - the stress of waiting for a refund when you have pressing medical expenses is incredibly overwhelming. I wanted to share something that helped me last year when I was in a similar spot with Mississippi. Beyond all the great phone number advice already given, I discovered that Mississippi has a "Taxpayer Advocate Service" that most people don't know about. If you've been waiting more than 45 days and can document financial hardship due to medical bills, you can request advocate assistance by calling (601) 923-7000 and asking specifically for the "Taxpayer Advocate Office." They have more authority to expedite cases than regular customer service. Also, when you do get through to someone, make sure to mention that this is creating a medical financial emergency. Mississippi tax code actually has provisions for expediting refunds in cases of documented hardship - you might need a letter from your healthcare provider, but it could cut your wait time significantly. In the meantime, please don't hesitate to reach out to your medical providers about payment plans or hardship programs. Most are surprisingly understanding when you explain you're waiting on a tax refund for medical expenses. Hang in there - I know it feels like forever when you're watching medical bills pile up, but this will get resolved. Keep us updated on how it goes!
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Freya Larsen
ā¢@Evan Kalinowski, thank you for mentioning the Taxpayer Advocate Service - I had no idea Mississippi had one! This is exactly the kind of information that can make a real difference when someone is stuck in bureaucratic limbo. @Dylan Mitchell, I'm new to this community but wanted to add my voice to the support you're getting here. The advice about documenting everything and asking for specific services like hardship expediting really resonates with me. I went through something similar with medical debt a few years ago (different state though), and the feeling of helplessness while waiting for money you desperately need is just awful. One thing I learned is that sometimes the squeaky wheel really does get the grease - be polite but persistent, and don't let them brush you off with generic "it's processing" responses. You deserve specific answers about your specific situation. Really hoping you get this resolved quickly so you can focus on your health instead of financial stress!
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William Schwarz
Dylan, I'm so sorry you're going through this - the combination of medical stress and waiting for a much-needed refund is just awful. As someone who's been in similar shoes, I wanted to add a few things that might help. First, when you call Mississippi DOR at (601) 923-7700, try asking for the status in terms of specific processing stages rather than just "when will I get my money." They can usually tell you if your return is in "initial processing," "under review," "approved pending payment," etc. This gives you a better sense of timeline. Also, if you filed electronically, your return should definitely not be taking this long without a specific reason. Common culprits include: - Prior year balance due that's offsetting your refund - Identity verification holds (especially if you moved recently) - Income verification issues if you received unemployment or other government benefits One thing I learned the hard way - if they tell you it's "under review," ask specifically what type of review. Sometimes it's just an automated random audit that takes 2-3 weeks, other times it's a more complex issue that could take months. For your immediate medical situation, definitely explore payment plans with your providers while you wait. Many are surprisingly flexible when you explain you're waiting on a tax refund. Hang in there - this will get sorted out, even though I know it feels endless right now. Keep us posted on what you find out!
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Reina Salazar
ā¢@William Schwarz, this is really helpful information about asking for specific processing stages! I'm new to this community but wanted to chime in with something I learned when dealing with my own state tax issues. If you're calling and they say your return is "under review," also ask if there's a specific department handling that review and if there's a direct number for them. Sometimes the general customer service line can't see notes that the review departments leave, so you might get more detailed information by speaking directly with whoever is actually working on your case. @Dylan Mitchell, I really hope you get some answers soon - the uncertainty is often worse than knowing there's going to be a delay. At least if you know what stage you're in, you can plan accordingly for your medical expenses. This whole thread has been so educational - I had no idea about half of these resources and processes!
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