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Your Legal Corner - Client Alert Blog

IRS Milegage Deduction For 2009 and 2010

Written By: Melissa C. Marsh, Esq., California Attorney, January 2010 Add to Favorites
Every year, the Internal Revenue Service sets forth a standard mileage rate.


For 2010, the standard mileage rate deduction is as follows:

  1. 50 cents per mile for business use of a vehicle;
  2. 16.5 cents per mile for use of vehicle for medical or moving purposes; and
  3. 14 cents per mile for use of a vehicle for service to charitable organizations.

For 2009, the standard mileage rate deduction for business use of a vehicle is 55 cents per mile. For 2009, taxpayers can deduct 55 cents per mile for the cost of operating a car, van, or light truck for business use. In 2009, the mileage deduction is 24 cents per mile for use of vehicle for medical or moving purposes. In 2009, the mileage deduction remains 14 cents per mile for use of a vehicle for service to charitable organizations.

California Employers Must Reimburse Their Employees For Mileage.

Although taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the optional standard mileage rates, under California Labor Code Section 2802, California employers are required to reimburse employees for all expenses incurred by the employee in performing their duties, including expenses for travel, dining, and mileage (other than to and from work/home). The employee cannot agree to waive this right to receive reimbursement. In addition, the California Labor Commissioner has stated that any employer who reimburses its employees at less than the standard IRS mileage rate will have to prove that the employee's actual expenses were in fact less than the standard IRS mileage rate, or be subject to liability for the difference.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained on this web site is not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed on a taxpayer under the U.S. Internal Revenue Service.

Tags: mileage, mileage deduction
Posted In: Business Law Bulletin  Corporate Client Bulletin  Employment Law News 

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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.