Per Diem paid by company less than daily rate. Itemize difference?

Discussion in 'Trucker Taxes and Truck Financing' started by Joeziah, Mar 3, 2017.

  1. Mark Kling

    Mark Kling Technology Contributor

    10,935
    4,212
    Sep 23, 2007
    Statesville, NC
    0
    Meals you do not have to itemize. They do have a list of per state and they vary, but the IRS came up with a flat rate. You are authorized that amount if you take it and use it or not.

    Yes it is $63 a day, but in the Pub, you are only authorized 80% of that for full days.

    I have been audited by the IRS and the numbers did not have an issue. I claimed about 300 days out.

    If you are using $63 for full days, then you are taking 20% too much.

    Turbo Tax figures it the same... partial days x 75% = # of full days, then add to full days, then multiply by $63 then take 80% of that.

    Read the pub...
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Midnightrider909

    Midnightrider909 Road Train Member

    2,383
    9,597
    Oct 26, 2016
    0
    https://www.irs.gov/pub/irs-pdf/p463.pdf
    Page 6 is the one the OP needs to look at. What page mentions 80% of $63?
     
  4. Joeziah

    Joeziah Light Load Member

    153
    114
    Jan 2, 2016
    0
    Thank you for all your assistance. Not sure if you guys allow links here so I won't link my sources.

    I learned by speaking with an Intuit (TurboTax) advisor that you are indeed entitled to the full amount calculated for per diem for a transportation worker, you just have to calculate the amount you are entitled to deduct, subtract what your employer paid, and then itemize that amount as non-reimbursed Per Diem.

    I edited my initial post with the answer in case the search engines send people here.
     
  5. Mark Kling

    Mark Kling Technology Contributor

    10,935
    4,212
    Sep 23, 2007
    Statesville, NC
    0
  6. Mark Kling

    Mark Kling Technology Contributor

    10,935
    4,212
    Sep 23, 2007
    Statesville, NC
    0
    Wrong wrong wrong.. you only are allow 80% of the daily meal allowance... Your source might want to read Pub 463 and also look how they actually calculate it.

    Page 12. left side, paragraph 5, 2nd paragraph, 7th sentence down....

    geez, this is not difficult...

    page 6 and 12 cover transportation workers..

    The IRS put out this pub... Your source does not work for the IRS.. the Pub 463 spells it out... if you claim all of $63 per day and get audited, then you will owe owe owe...
     
    Midnightrider909 Thanks this.
  7. Joeziah

    Joeziah Light Load Member

    153
    114
    Jan 2, 2016
    0
    You didn't read my post, I said nothing about claiming the full $63/day. I can see where you might think I said the full $63 per day, but I was just referencing that you can claim the full amount you are entitled to (80% of the $63 daily rate in this case) even if your employer was also paying per Diem but it fell short.
     
    Last edited: Mar 3, 2017
  8. Midnightrider909

    Midnightrider909 Road Train Member

    2,383
    9,597
    Oct 26, 2016
    0
     
    Last edited: Mar 4, 2017
  9. MysticHZ

    MysticHZ Road Train Member

    5,817
    5,561
    May 28, 2010
    0
    Chapter 1 pg 5 column 1 ... 50% if you are using the per diem rate with a reference to chapter 2, where HOS workers can deduct 80%.

    The $63 is the limit you can deduct when you can produce the receipts to support it. You can never deduct more. Even if you had the receipts you could not deduct the entire cost of that steak dinner.

    Without receipts, you are limited to 80% of the $63.
     
  10. Midnightrider909

    Midnightrider909 Road Train Member

    2,383
    9,597
    Oct 26, 2016
    0
    I finally got it. It's a good thing I was using TurboTax instead of doing this by hand otherwise I'd be screwed. I don't the IRS could make this any more complicated if they tried.
     
  11. Joeziah

    Joeziah Light Load Member

    153
    114
    Jan 2, 2016
    0
    I think the thread got a little bit into the weeds, I probably bear the responsibility for some of that.
    Just to reiterate, my question was concerning whether one could itemize Per Diem if your employer automatically reimbursed Per Diem. Answer:yes.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.