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Posted

Hope someone could help refresh my memory. 2 general partners in a partnership use their personal vehicles for partnership business. They both want to claim business miles driven. The partnership does not reimburse for business expenses paid directly by the 2 partners. Where is the deduction for the miles reported?

Booger

Posted

>>Where is the deduction for the miles reported?<<

In my opinion, based on, well, everything, mileage is only deductible by self-employed individuals and employees. A partnership must use actual expenses, and in my opinion a partner would generally use actual expenses, especially if they are using the partnership to dodge SE taxes.

Posted

>>Where is the deduction for the miles reported?<<

In my opinion, based on, well, everything, mileage is only deductible by self-employed individuals and employees. A partnership must use actual expenses, and in my opinion a partner would generally use actual expenses, especially if they are using the partnership to dodge SE taxes.

The net income allocated to both partners is considered self-employment income (subject to SE tax on the

partner's 1040's). Therefore, business mileage can be reported as UPE.

Booger

Posted

>>Where is the deduction for the miles reported?<<

In my opinion, based on, well, everything, mileage is only deductible by self-employed individuals and employees. A partnership must use actual expenses, and in my opinion a partner would generally use actual expenses, especially if they are using the partnership to dodge SE taxes.

I don't know of any way you can dodge SE taxes through the use of a Partnership. Everything flows through as SE income to the partners unless you are an inactive partner, and then, would not be considered self-employed anyway.

Unreimbursed expenses, it is.

Posted

>>I don't know of any way you can dodge SE taxes <<

I know. I got confused. I did go back and try to change my answer, but Booger had already quoted me. Then I thought about pretending I was only talking about limited partners, but obviously nobody would fall for that line.

Posted

>>I don't know of any way you can dodge SE taxes <<

I know. I got confused. I did go back and try to change my answer, but Booger had already quoted me. Then I thought about pretending I was only talking about limited partners, but obviously nobody would fall for that line.

March 16, 2010....4:40 pm.... Jainen actually maybe almost.... well... i am sure he didnt. Actually maybe say he was wrong?!?!? it couldnt be could it?? Jainen for sure my hero on this board though

Posted

>>I don't know of any way you can dodge SE taxes <<

I know. I got confused. I did go back and try to change my answer, but Booger had already quoted me. Then I thought about pretending I was only talking about limited partners, but obviously nobody would fall for that line.

Jainen, as I have said before, I have learned more by reading between your lines than almost anywhere else. Just couldn't let you get away with this one. Just a friendly nudge.

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