Per diem deduction
Hay brothers, I'm going to say you a good site for take better idea from this site per diem rates meals If you have any problem you can inbox me or use this site and solve your matters.
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This post is totally irrelevant to truckers, and the website should not be consulted by ANYONE frequenting this site.
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Sorry, Copperhead... but, you are mistaken. There is NO need for OTR truckers to consider 3/4 days! You misread the IRS info... and all of my posts about it.
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So, you are saying take full day per diem for a day when you leave the house or return instead of a partial? Please show IRS copy on this. You could be right, just please prove it. My son is an IRS field agent and would agree with my conclusion. I did get it from 5 different CPA's and him. His name is Justin Downing and he is out of the Wichita, KS office of the IRS if you doubt me.
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Copperhead: I will look for my saved files on the IRS pubs sometime today (soon ) but, start with this thread I started for the basic contention I am making:
http://www.classadrivers.com/forum/a...e-mistake.html In the pub I am basing this on, there is a special section for "Transportation Employees." Ask your son if he is referencing THAT specific section. Or... for HIS interpretation of it. He should know which PUB I'm talking about, but I'll see if I can find it again. The point is.... All gov't employees, and ANY employee that takes the specific per diem rates for the cities they visit ARE required to take only 3/4 days for departure and return. BECAUSE we can take a "standard deduction" for any and all areas of the country... Method 2 allows us to take the full days (as shown in the example of JEN.) Now.... I might not go so far as to claim a full day if I left out at, say.... 10 p.m. But... IF you take a break for an evening meal, (or a breakfast after midnight on the day of return,) and definitely IF any part of your 10 hour rest break falls within that 24 hour logsheet.... I would take the full day. I will follow up with more info. I'm pretty sure I did a more thorough post on it somewhere, I just haven't found it yet. If not.... I'll find the pubs and do it all over again. BTW.... MY CPA, who was a railroad employee for years, agrees with MY reading of the statute. |
Per Diem Explained?
Copperhead: The pub was indeed #463. A direct link to the section of it on travel is here:
Publication 463 (2012), Travel, Entertainment, Gift, and Car Expenses First look near the top for this section. IMHO... Example #1 clearly shows that a period LESS than 24 hours constitutes a basis for full per diem IF some time is allotted to getting rest. This is why I said maybe not just a few hours at departure when you only stop for a meal, but.... definitely if you start (or end) your rest break during that day. Quote:
Now... let's look at the section on Special Rate for Transportation Workers (which starts about halfway down the page after the second icon showing a monitor with the IRS in it): Quote:
The example of Method 2 would be unnecessary if not for the EXPRESS difference of taking full days at ONE rate, versus partial days at the specific rate. Not sure why they used the example of Jen.... a non-transportation industry employee... in this section other than to show that she has an option that a federal employee does not have. But... if SHE has it, so should WE. [And remember the example of the railroad worker who was only gone 16 hours out of a 24 hour day. Did he have to give up 1/4 of his rate for leaving after midnight, and another 1/4 for returning before midnight?] The reg wasn't clear on that... but, what do YOU think? Now.... I could be wrong about this. But I did spend several years working with federal regs and this SOUNDS like the kind of ambiguity they specialize in. lol. Still.... I can see NO reason to give these two examples EXCEPT to show the difference between taking partial days at the specific standard meal allowance for the city nearest where we take our break (as explained elsewhere in this PUB) OR... to take FULL days (as Jen could in Method 2) at the generic standard meal allowance of $59/day (for us.) At ANY rate.... If I am wrong, the difference is about $1500/year that you might have to pay... what... 20% of in taxes IF you are audited? And you have to do all the extra work of checking your logs for EACH day to see what part of a day you worked? I would be happy and interested to consider the opinions from your son and those 5 CPA's AFTER you copy and send them this discussion. But, for now... I'm going to go with what MY CPA says... and he agrees with me. ;) |
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