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  1. #1

    Default Company Car and Privacy

    My question involves labor and employment law for the state of: California

    Hi and thanks in advance for any advice. I work for a large pharma company as a sales rep. They provide a company car, fuel card and all maintenance, however they deduct $120 a month from my paycheck for "personal use of company car". We are required to log on a spreadsheet daily miles as well as where we went and submit once a month. I was pretty much only using my company car for visits to clients and not for personal use. I have two cars of my own that I drive for personal use. I was meticulously recording actual miles and after few months someone from corporate told my manager to tell me that I needed to show 20% personal use of the company car. There was also disagreement between managers as to wether the miles between my home office and my first client visit was personal or business, also the trip from the last client stop back to the home office. I have conflicting emails regarding this.

    So, they want me to fabricate data for these milage reports. Now they want us to install a tracking app on our personal cell phones. They do allow me to add my cell phone bill into my monthly expense reports up to $100.00. I am not comfortable with them tracking me even during off hours, 24/7. I am about to give then the middle finger, load the app on the phone and toss the phone on a train. I wish I could see their tax filings and see how they record the $120.00 per month from hundreds of sales reps that they deduct.

    Thoughts?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,349

    Default Re: Company Car and Privacy

    If the fabricated data is actually your home to first client mileage then it isn't really fabricated it is a correction.

    I wouldn't let them track my phone 24/7 but they might fire you if they don't. If they want to track the car that's just fine there are plenty of companies out there that provide the technology to do just that.

    If I were you I'd get my $120/month out of the company car.

  3. #3
    Join Date
    Jul 2018
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    Default Re: Company Car and Privacy

    Quote Quoting WhoDonnit
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    someone from corporate told my manager to tell me that I needed to show 20% personal use of the company car.
    Why?


    Quote Quoting WhoDonnit
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    Thoughts?
    I think fabricating data is a bad idea.

  4. #4

    Default Re: Company Car and Privacy

    I think they believe 20% personal use of the company car will keep them from getting audited.

  5. #5
    Join Date
    Nov 2015
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    Default Re: Company Car and Privacy

    Quote Quoting WhoDonnit
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    I think they believe 20% personal use of the company car will keep them from getting audited.
    I believe that the drive from home to your first client/office and from your last client/office to home is considered personal use. They probably just threw a number at it (20%) and they don't want you to log those miles as business.
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  6. #6
    Join Date
    Jan 2011
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    303

    Default Re: Company Car and Privacy

    Quote Quoting WhoDonnit
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    Now they want us to install a tracking app on our personal cell phones. They do allow me to add my cell phone bill into my monthly expense reports up to $100.00. I am not comfortable with them tracking me even during off hours, 24/7. I am about to give then the middle finger, load the app on the phone and toss the phone on a train. I wish I could see their tax filings and see how they record the $120.00 per month from hundreds of sales reps that they deduct.

    Thoughts?
    I would add a line to my cell plan just for the work phone, and it would be used for nothing but work. When I'm not working the phone would stay in the phone charger in my house.

  7. #7

    Default Re: Company Car and Privacy

    Been doing some research and determined that home office to first client is deductible as well as trip home.

  8. #8
    Join Date
    Oct 2006
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    15,744

    Default Re: Company Car and Privacy

    Quote Quoting WhoDonnit
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    Been doing some research and determined that home office to first client is deductible as well as trip home.
    Only if the home office is of primary use. So, if you are self employed and do a primary amount of your business out of your home office then it might be valid to claim all of your miles, even commuting ones.

    However if you are employed by someone then that theory goes straight out the window.

  9. #9
    Join Date
    Oct 2014
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    7,461

    Default Re: Company Car and Privacy

    Quote Quoting WhoDonnit
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    Been doing some research and determined that home office to first client is deductible as well as trip home.
    It is not clear in this thread whether you are an employee or independent contractor. Given that the provided you a car, are making you do a spreadsheet for the use of it, and that they want to install an app on your personal phone to track you, though, my guess is that you are an employee. If you are an independent contractor the employer should not care about tracking you and likely would not have bothered providing you a company car. They seem to be too controlling to meet the test for an independent contractor. And the way California law is going, it appears that it will become even harder to qualify as an independent contractor come January.

    If you are an employee, then you cannot deduct the trip from home to the first customer of the day, nor the drive home from the last customer of the day. Those are commuting miles and not deductible. Even if you are self employed, there are several conditions that must be met to deduct those miles.

  10. #10
    Join Date
    Feb 2008
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    1,147

    Default Re: Company Car and Privacy

    agree that it sounds like they are charging you for commuting miles which are nondeductible so they fall under the following unless your car is qualified as defined in the below IRS publications:

    IRS Publication 15-B talks about this on page 22 under "vehicle allocation rules" and "Qualified nonpersonal use vehicles" and then references Chapter 1 of Publication 535
    https://www.irs.gov/pub/irs-pdf/p15b.pdf

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