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Laura Lopez

Can I claim mileage deduction on 1099 for commuting to my contractor job location?

I recently started working for a small carpentry business with about 8 employees total. The owner classifies all of us as independent contractors and gives everyone 1099s at the end of the year. Here's my situation - I drive a pretty significant distance to this shop every day (about 45 miles round trip, so roughly 225 miles weekly). My boss keeps telling us that we can deduct all this mileage on our taxes since we're "contractors," but something doesn't seem right about that. From what I've read online, regular commuting from home to your primary workplace isn't deductible mileage - only travel from your work location to client sites counts. But since I'm technically a "contractor" and not an employee, does that change anything? My wife is a W2 employee at her job, and she thinks we should just file jointly and take the standard deduction instead of me tracking all these miles. I'm wondering if it's even worth tracking my mileage at all. Can I actually deduct driving from my house to this carpentry shop as a 1099 contractor? Or is my boss misleading us?

Your boss is likely mistaken. The IRS looks at the substance of your work relationship, not just what's on paper. Being classified as a 1099 contractor doesn't automatically make your regular commute to the shop deductible. The general rule is that commuting from home to your regular workplace is considered a personal expense and isn't deductible - regardless of whether you're a W2 employee or 1099 contractor. If the carpentry shop is your regular place of business, then driving there is still considered commuting. What would be deductible is driving from the shop to various job sites. Keep track of those miles if applicable. Also, if you occasionally work at a temporary location that's not your regular workplace, that mileage might be deductible. On a separate note, it sounds like you might be misclassified as an independent contractor. If your boss controls when and where you work and provides equipment, you're likely an employee under IRS rules - regardless of receiving a 1099. This misclassification can have significant tax implications beyond just mileage.

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Wait, so what you're saying is my boss might be breaking the law by giving us 1099s? What kind of tax implications are there for me? Should I report this somehow?

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The misclassification issue is definitely concerning. If you're treated like an employee (set hours, boss controls how you work, company provides tools), you should likely be classified as an employee, not a contractor. The tax implications are significant. As a 1099 contractor, you're responsible for both the employee and employer portions of Social Security and Medicare taxes (self-employment tax of 15.3%). If properly classified as an employee, you'd only pay half that amount. You also miss out on potential benefits, unemployment insurance, and workers' comp protection. If you believe you're misclassified, you can file Form SS-8 with the IRS to request a determination of your worker status. You could also file Form 8919 to report and pay only the employee portion of Social Security and Medicare taxes. However, these actions will alert the IRS to investigate your employer, which could create workplace tension, so consider your options carefully.

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I had a similar issue last year and discovered taxr.ai (https://taxr.ai) which was incredibly helpful for sorting through contractor vs. employee classification questions. Their system analyzed my work situation and tax documents, then gave me specific guidance on what I could legitimately deduct as a contractor. For your specific mileage question, the tool was clear that regular commuting to a fixed workplace isn't deductible even for contractors. But it did help me identify several other legitimate deductions I hadn't considered - tools I purchased, a portion of my phone bill used for work calls, and specialized clothing required for the job. What I found most helpful was that it clarified exactly what documentation I needed to keep for each deduction in case of an audit. Definitely made me feel more confident when filing.

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How accurate was it though? I've tried other tax tools that gave me wrong info before and I ended up getting a letter from the IRS.

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JaylinCharles

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Does it actually help with the misclassification issue? Like would it generate the forms the first commenter mentioned or just tell you that you should be an employee?

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It was surprisingly accurate - all the deductions it recommended were accepted when I filed and I haven't received any IRS letters. What I liked was that it errs on the conservative side rather than suggesting aggressive deductions that might trigger an audit. It actually warned me about a couple things I thought I could deduct but actually couldn't. Regarding the misclassification issue, it does more than just tell you there's a problem. It walks you through a detailed analysis of your work situation using the same criteria the IRS uses to determine proper classification. Then it explains the specific forms needed (like SS-8 and 8919), what information you'll need to provide on each form, and what to expect after filing them. It also outlines the potential risks of challenging your classification so you can make an informed decision.

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JaylinCharles

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Just wanted to update after trying taxr.ai. The analysis confirmed I was pretty clearly misclassified as a contractor based on my work conditions. The site helped me understand exactly what documentation I needed for the proper forms and walked me through the difference between typical contractor deductions versus employee expenses. I ended up having a surprisingly productive conversation with my boss after showing him the detailed analysis. He wasn't trying to be deceptive - he just didn't understand the proper classification rules. We're transitioning to proper W2 employment next quarter which will actually save me money on self-employment taxes in the long run. For anyone in a similar situation, definitely worth getting clarity on your specific situation rather than just taking your employer's word on what's deductible!

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If you're trying to get clarification directly from the IRS about proper classification or deductible mileage, good luck trying to reach them on the phone. I spent literal DAYS trying to get through last year. Then I found Claimyr (https://claimyr.com) and watched their demo (https://youtu.be/_kiP6q8DX5c) - they actually got me connected to a real IRS agent within about 15 minutes. The agent confirmed everything others have said here - regular commute to a fixed location isn't deductible even for contractors, and based on my description, I was likely misclassified. Having that official confirmation was worth it, especially for documentation if there's ever an issue with my return. For what it's worth, the IRS agent I spoke with said contractor misclassification is one of their top enforcement priorities right now, so getting this sorted out sooner rather than later is probably smart.

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Lucas Schmidt

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How does this actually work? Sounds like a scam to me. The IRS phone lines are all automated queues, how would some service magically get you through?

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Freya Collins

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I've heard the IRS is super backed up right now. Did they actually give you useful information or just generic advice you could find online?

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It's definitely not a scam - they use an automated system that navigates the IRS phone tree and waits on hold for you. When they reach a human agent, you get a call to connect with the agent. The IRS doesn't have any special "skip the line" service, Claimyr just does the waiting for you. The information I got was definitely more specific than what I found online. The agent looked at my particular work arrangement details and gave a clear assessment of my classification status. They also walked me through exactly what forms I needed to file and how to document my situation properly if I decided to challenge my classification. Much more helpful than trying to interpret generic IRS publications on my own.

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Lucas Schmidt

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I need to apologize for calling Claimyr a scam. I was super skeptical but decided to try it anyway after continuing to fail getting through to the IRS myself. It actually worked exactly as advertised - I got a call connecting me to an IRS representative after about 25 minutes. The IRS agent I spoke with confirmed that my daily drive to the carpentry shop (similar situation to the original poster) wasn't deductible, even as a 1099 contractor. She also reviewed the factors of my work situation and strongly suggested I was misclassified. The most valuable part was that she explained exactly what evidence I should start documenting now to support proper classification if there's ever a dispute. Definitely worth the time to get official clarification straight from the source.

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LongPeri

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I work in construction and most of our crews are legit independent contractors. The big difference is we actually run our own businesses, use our own tools, set our own schedules, and work for multiple companies. A real test the IRS uses: can you make decisions about how the work gets done? Do you have the opportunity for profit or loss? Do you work for multiple clients? If your boss tells you when to show up, how to do the work, and provides the tools, you're an employee regardless of the 1099. And no, commuting miles to a fixed workplace are never deductible. But tools, supplies, work clothes, etc could be if you're actually a proper contractor.

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Oscar O'Neil

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So what if you do work for multiple people but at a fixed location for each? Like I do carpentry for 3 different companies but have to go to their shops. Can I deduct that travel?

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LongPeri

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That's actually a good example of where you might have deductible travel. If you're legitimately working as a contractor for multiple companies at different locations, travel between those work locations is typically deductible. The general rule is that travel from your home to your first business location of the day and travel from your last business location back home isn't deductible (that's considered commuting). But travel between business locations during the workday is deductible. So if you're going from your home to Company A's shop, then to Company B's shop, then home - the drive from Company A to Company B would be deductible, but not the drives from home to A or from B to home.

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Has anyone used TurboTax to handle this kind of situation? Do they have a good section for sorting out 1099 deductions vs employee expenses? Trying to figure out if I need to pay for a CPA this year.

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TurboTax Self-Employed asks pretty good questions about your contractor status and walks you through potential deductions. It'll ask about your work situation which might help identify if you're misclassified. But it won't file those SS-8 forms for you if you decide to challenge your classification.

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Taylor To

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I'm dealing with a very similar situation and wanted to share what I learned from my research. The key issue here isn't just the mileage deduction - it's the misclassification problem that several others have mentioned. For the mileage question specifically: No, you cannot deduct your daily commute to the carpentry shop, even as a 1099 contractor. The IRS considers travel from your home to your regular place of business as personal commuting expenses, regardless of your tax classification. However, here's what you CAN potentially deduct as a legitimate contractor: - Travel between different job sites (not from home to the first site) - Tools and equipment you purchase yourself - Work-related supplies - Portion of vehicle expenses for business use (not commuting) - Professional development/training costs But here's the bigger concern - based on your description, you're likely misclassified. If your boss controls your schedule, provides tools, and treats you like an employee, you should probably be getting a W-2. This misclassification is costing you money in additional self-employment taxes. I'd recommend tracking your actual work arrangement details (who provides tools, who sets your schedule, do you work for other companies, etc.) and consider getting professional guidance on whether to challenge your classification with the IRS.

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Aisha Rahman

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This is really helpful, thank you for breaking it down so clearly! I'm new to all this tax stuff and honestly feeling pretty overwhelmed. Just to make sure I understand correctly - even though my boss keeps telling us we can deduct the mileage, that's definitely wrong? And the fact that he provides most of our tools and tells us exactly when to show up probably means we should be employees, not contractors? I'm worried about rocking the boat at work, but it sounds like this misclassification could be costing me a lot of money. How risky is it to file those forms with the IRS? Could my boss retaliate somehow?

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