XPO | to claim per diem or not?

peckerwood

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Ive been told that I can claim per diem on my taxes if I drive more than 300 miles and work more than 10 hours a day, is this true? How many of you claim per diem on your taxes?
 
Actually the law says if you are away from home "overnight" you can claim 25% of allowable per diem if you run night linehaul.
 
All I konw is thats a slippery slope. A few guys at my barn claim per diemn anbd swear its legal while a few others, myself included, don't claim it and swear its illegal. This topic comes up every year about this time. Many moons ago when I first started with conway I had my taxes done proffesionally and we looked it up together and came to the conlusion that you couldn't claim per diem. Take it for what its worth but basically boils down to how you read the laws and if its a risk your willing to take. that is all.
 
The rules are really simple. If your run starts and ends at your home domicile, then you do not qualify for per diem. If your run starts and ends at different domiciles, and your required to take your 10 hour rest at that domicile, then you do qualify. This is not to say a lot of drivers don't step over the line, just be prepared to show your logs if you get audited. TP
 
The rules are really simple. If your run starts and ends at your home domicile, then you do not qualify for per diem. If your run starts and ends at different domiciles, and your required to take your 10 hour rest at that domicile, then you do qualify. This is not to say a lot of drivers don't step over the line, just be prepared to show your logs if you get audited. TP

Exactly...duh to people claiming it. Hope you don't get audited.

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