Tax office rejects employee's work lunch deductions and claims they can drive home to make lunch, so the employee claims a larger deduction for mileage to and from work: ‘"Very well played..."’

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  • photo of tax forms with a photo of a man crossing his arms and smiling overlayed
  • "Tax office won't accept my tax deduction: I claim even more deduction on the same basis used to deny it"

    Disclaimer: TL;DR at the end; english is not my first language so sorry for spelling and random mistakes.
  • In Switzerland each and every tax filing is verified by a tax assessor which can accepts, modify or refuse the deductions you claim.
  • If you don't agree, you can appeal the decision and another office will look into it.
  • Two of the deductions we have are lunches away form home (you can claim it when you don't have enough time to get back home for lunch break) and mileage deduction.
  • We are allowed to deduct from gross income CHF 15.- (USD 19.-) for every meal away from home and 0.60 CHF per Km (1,21 USD per mile) we drive to get and get back from workplace.
  • A little flashback: in 2020 and 2021 I had to file 2 appeals 'cause my tax assessor of the time made a real mess.
  • Given that appeals are not so frequent, in 2021 I was audited by Tax Office. After 6 months of back and forth, the auditor agreed that I was completely right and his colleague was to blame for the macroscopic errors he made (with a smile on my face I even asked to the auditor if it wouldn't be more useful to audit his colleagues instead of me; he laughed and replied "I can't answer that question").
  • In the following years I even called him a couple of times to get some clarification so we established maybe not a friendship but some real mutual respect.
  • Fast forward to 2025, I filed my 2024 taxes claiming both deductions for 200 working days 'cause, even if my office is just 15Km (9.3 miles) from home, I don't have the time to get back for lunch.
  • The deductions in my tax filing were: * Lunch deduction: 15 CHF x 200 days = 3'000.- CHF * Mileage deduction: 0.6 CHF x 15 Km x 2 trips per day x 200 working days = 3'600.- CHF * Total deductions: 6'600.- CHF After a couple of months I received in the mail the tax assessment and, among other things, the tax assessor refused lunch deduction 'cause, in his opinion, I had enough time to go home for lunch.
  • a pile of paper tax forms with a person's hand on top of them
  • I appealed the decision and.... here it comes the malicious compliance. They refused the lunch deduction 'cause, they stated, I had enough time to go home for lunch?
  • Perfect so, instead of 1 round trip per day, I claimed mileage deduction for 2 round trips per day which means: CHF 0.6 x 15 Km x 4 trips per day x 200 working days = 7'200.- CHF which are 600.- CHF more than what I claimed in the tax filing.
  • A month later I got a call from the very same tax auditor that audited me in 2021.
  • After a few pleasantries the call went something like this. "Look, Lordnite, you know I'm calling 'cause of your last appeal.
  • I have to side with my colleague: given the distance we can't accept your lunch deductions.
  • However, I also have to admit that, if you have to go back and forth twice, you are entitled to claim more mileage deduction.
  • Very well played..." I could see the smile on his face and a week later I received the new tax bill.
  • The taxable income was 600.- CHF (750 USD) lower and they even had to bare the cost of managing my
  • TL;DR: Tax Office didn't accept my tax deduction for lunches away from home stating I have enough time to go home. for lunch; I appeal it and claimed that, if I have to go home for lunch, than I'm entitled to double mileage deduction which is more than lunch deduction.

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