I believe the IRS has capped the per diem rate to 52.00 per day with travel within the United States and 58.00 per day when traveling outside the US. (The only catch to this is for this year you are only allowed to deduct 75% of that standard meal allowance. It will go to a maximum of 80% of 52.00 per day in fiscal year 2008). This is the figure you would enter when it comes time to file your tax return in the spring. Multiply the number of days your driver was away from home (overnight) by 52.00 per day then multiply that by 75%. This will be your total expenses allowed for the year. You will use your logbook as proof of your travel expenses rather than actual receipts.Important note though is you must be away from home and have "duplicated" your expenses. In essence what that means is if your driver is home each day he will be disallowed the deduction. If he returns after a couple of days the partial day would be pro-rated by dividing the day into 4 6 hour increments. The meal allowance is intended for drivers that do not have access to the refrigerator and food supplies already purchased at home. This is why they call it "duplicating expenses." the other key is you must actually have a home to qualify for this deduction. Meaning you pay rent/mortgage taxes, utilities, etc. Some companies offer a "per diem" allowance to give their drivers more "take home" pay. The companies do this so they will not have to pay taxes (federal, state, local,social security etc) on this amount. By doing that the companies have taken away the drivers claim to those expenses and the company gets those deductions instead. For Companies that pay the driver a set amount each day the driver must track this carefully because if he receives more "untaxed pay" than he actually qualified for then he will have to report this amount as additional earnings on his tax return and will consequently owe money to the IRS. As you can see this is a tricky topic and not for the faint of heart. My suggestion is this: 1. Do not accept per diem pay from an employer. and 2. Have your taxes prepared by a reputable accountant preferrably 1 who specializes in truck driver returns and is aware of the legitimate deductions and how to qualify for them.
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