I rely on my tax accountant and she says that per Diem should equal only to the number of nights spent on the road versus days away from home. So she wants me to count only full days away from home. I hear and read everywhere that If I, for instance, leave on a trip on Friday night and move 50 miles and go to sleep in the sleeper, that Friday should count as 0.5 days. Same thing when I return and park the truck at 5 am on Tuesday then Tuesday should count as 0.5 days as well. She is firm in her belief as she says that the office had an IRS official to have given them a lecture on this. I kinda think of telling her the number of days including partials summed up without unnecessary polemic. But am I wrong somewhere with these partial days?
Per diem - partial days question.
Discussion in 'Trucker Taxes and Truck Financing' started by TallJoe, Nov 26, 2016.
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As an example:
My desired version - the one I think is correct:
start on Friday at 9:30 PM --0.5 days
Saturday -----------1 day
Sunday -------------1 day
Monday----------1day
return on Tuesday at 5 am ---0.5 day
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total 4 days
According to my accountant:
start on Friday at 9:30 PM --0 days
Saturday -----------1 day
Sunday -------------1 day
Monday---------- 1day
return on Tuesday at 5 am ---0 day
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total 3 days
Needless to say the 1st version saves thousands of $$$$ in a year. But which version is correct?Heathar Thanks this. -
I would be getting second opinions from accountants not drivers...and don't ask an accountant where the best buffet is....save that one for the experts...drivers know buffet
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Forget it.
Per Diem is a flat rate paid per 24 hours AWAY from home a certain distance and logged. Keep logs as evidence against audit 8 years.
If you are away from home by day and have to sleep away by night too.. enough with the half day nickel and dime. The more you chop details the easier for IRS to chop you.
Drivers are the worst source of legal tax information. Get a Tax Preparer.TallJoe Thanks this. -
You get 80% of the $63.00 ($50.40) for every full day you are out and for the days you arrive home and the days you leave home you get 75% of that 80% ($37.80).
The page at https://ttlc.intuit.com/questions/2845901-how-do-i-calculate-per-diem-for-an-owner-operator-over-the-road-truck-driver-for-2012-2013-and-2014 explains it but it is using the older $59 per day rate that we had before September 30, 2015.TallJoe Thanks this. -
I was taught, the 24 hour day is divided into 4 quarters 6 hours long starting from midnight. You count all the quarter day periods or any portion of one. Say you leave at 00:01 monday gone all day return at 11:59pm Monday, that would be 4 periods or a day.
IF you logged that you left at 11:59pm Sunday and returned home 00:01am Tuesday you COULD count that as 6 quarters or 1-1/2 day. Of course on paper that would be 11:45pm Sunday and 00:15am Tuesday.
I don't count it that way. I only use complete quarters gone from home. Leave a little on the table for an audit.
Good luck.Last edited: Nov 26, 2016
TallJoe Thanks this. -
RoadRooster and blairandgretchen Thank this.
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It is all true that one should not listen to non-professionals. But the post above by Ubu seems legit, and I hear it on the radio shows where tax pros are invited and say the same thing that you count in a partial day when you leave home and return home. My tax accountant says no. Well, second opinion from a different tax preparer perhaps should be needed. But you know how it is, you go there, you introduce yourself, they want you to become their client...Also I read in this forum section that showers should be included in your per Diem rather than a separate deduction. I mean even reading other topics and stories that seem true, the very IRS agents perform contradictory actions., interpreting the same code differently. Perhaps, I should interpret this staff so that it benefits me not the other way around and if there is an audit deal with it at the time.
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Btw, I was audited by the IRS back in 2011 specifically regarding a large deduction I claimed for per diem on Schedule A of my 1040.
I believe it was like $18,000 at 80%. I didn't even have the logs to back it up because the company I was driving for didn't explain to us that when we transitioned from paper to elogs, they purged the elogs after 6 mos.
The IRS had me provide a letter from the company showing that none of my W-2 wages included per diem, and I also provided copies of my weekly settlements showing the various trip locations, etc.
I included credit card statements and used a yellow marker to highlight all the various locations throughout the months where I made purchases proving that I was on the go.
They excepted it and signed off on the matter.TallJoe Thanks this. -
the logs are not the only way allowable to prove your per diem numbers. Trip reports, fuel receipts will do too. But it is best to keep your logs
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