T Nation

Legal Q - Travel, Sans Reimbursement


Here's the situation: the company I work for is requiring 2 hours of weekly travel, in-town, on the clock, to network with other businesses, hand out fliers, etc. They are being unclear as to whether we will be reimbursed for mileage, citing "we're doing this for ourselves - we own those leads." I asked about mileage reporting, and the manager I report to said he would "ask the district manager and we'll see how that works out for me."

My question: is it legal in this circumstance to not pay a mileage fee?

And yes, the business I was talking about moving to from this is almost ready; missing only one client.


I'm sure it is legal.. If it were "illegal" to not pay mileage then what about all the pizza delivery guys who use their personal vehicles. Granted they get tips but you are getting clients so in the end neither are really getting mileage just the income made from clients on the trip.

I don't get paid mileage at my job, but they offer to let me use a company vehicle, I simply decline because I'd rather go straight home after my trip then return the vehicle to work then go home.


So this is your own vehicle right? Not the company's? It doesnt seem legal to pay someone money to do something that will cost them money right?



Vash- There are a few accountants who should be able to answer, but I'll offer this.

My accountant told me that I can write off (or at least report) any business expenses accrued through my work that my employer doesn't cover.

For example, if I need a textbook on a technology I need to learn for a project that the project cost doesn't cover or I don't get approval for purchase, I can still submit that receipt to my accountant as a business expense. There is an IRS form I need to fill out (like everything else) to record those expenses, but it's doable. That goes for mileage as well (at least in my case in this state).

Maybe you can ask your (an) accountant in your area.

Good luck.



In the pooper, you must take it, until you change jobs.




Poo dance...




Asian phone


I hope your finding this all helpful.


<>V^ This ...where ever it shows up.

Hey...shouldnt 'helpful' have two l's? Looks better eh?



Ger. Up til now, this had not been a requirement of employment. When I was hired, I was told specifically there was no outside sales or flyer-pasting involved; we did trade shows, and the rest was handled by our advertising department.

Oh well, I'll be gone in a few weeks. Guess I need to grin and bear it.


You can deduct the mileage on your tax return, I believe the current deduction is .50/mile. But that's not the same as being reimbursed for .50/mile so, yeah, you're getting butt screwed.


Can you claim normal everyday commuting mileage as well?


No, and you aren't getting shit with the 2% floor unless you drive a ton, and make doo doo money.


To elaborate, and CB can correct me if I'm wrong considering I'm NOT a tax guy, the mileage deduction needs to be > 2% of your AGI to use it as a deduction.

Also, regular commuting to and from work is not deductible. However, if you are commuting from job 1 to job 2, that mileage is deductible. Also, any driving done while ON the job is deductible. But no, not regular commuting miles from home to work.


Vash you may also want to ask if you are covered under the company's health and liability if you are injured while traveling. Suppose you are in an accident and they are saying you are off the clock. You won't get workers comp. All the expenses will be out of your pocket from your hospital bills to any legal bills if you are the one liable.


Thanks OG, hadn't even considered that!