Standard Meal Per Diem Rate for 2022?

[theaterlifeishard]

Hello, 
I am a self-employed person who travels A LOT for work. Generally, when putting in my standard meal per diem, I do it under 'Meals and Entertainment' but now there is both a 'Meal 100%' and a 'Meal 50%' (and no 'Entertainment'). Which one do I use for just taking the standard per diem rate? 100 or 50%. Since it doesn't always, but it can, include eating at restaurants, I am really unsure what to do.

[MonikaK1]

You can deduct 100% of meals that were purchased from a restaurant for 2022. Non-restaurant meal expense is deductible at 50%.

Typically, you can deduct travel expenses if they are ordinary (common and accepted in your industry) and necessary (helpful and appropriate for your business).
 

• You can deduct business travel expenses when you are away from both your home and the location of your main place of business (tax home).

• Deductible expenses include transportation, baggage fees, car rentals, taxis and shuttles, lodging, tips, and fees.

• You can also deduct 50% of either the actual cost of meals or the standard meal allowance, which is based on the federal meals and incidental expense per diem rate.

This allowance is based on the federal meals and incidental expense per diem rate that depends on where and when you travel.

Generally, you can deduct 50% of the cost of meals. For tax years 2021 and 2022 only, you can deduct the full cost of business-related food and beverages purchased from a restaurant.

See this TurboTax article and this IRS webpage (Schedule C instructions) for more information.

[theaterlifeishard]

So, yes, I understand all of that. 

I am asking whether I take the standard meal per diem off at 100% or 50%. I am not required to have receipts for the standard meal per diem, so there is no way to say if I did or did not eat at a restaurant (or, say a gas station or a grocery store) so for 21'- 22' do I still take it at 50% or do I take it 100%?   

Thank you

[KrisD15]

You have the option of claiming 100% of the Standard Meal per diem rate if you ate at a restaurant. 

According to the IRS:

“For a taxpayer properly applying the rules of Revenue Procedure 2019-48, Notice 2021-63 provides a special rule that allows the taxpayer to treat the full meal portion of a per diem rate or allowance as being attributable to food or beverages from a restaurant beginning January 1, 2021, through December 31, 2022.

Taxpayers should refer to section 6.05 of Revenue Procedure 2019-48 to determine the meal portion of a per diem rate or allowance paid or incurred.”

IRS link