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As a self-employed person who travels daily more than 50 miles from home, what is the allowable per diem rate I can claim?

 
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RobertG
Expert Alumni

As a self-employed person who travels daily more than 50 miles from home, what is the allowable per diem rate I can claim?

Per Diem rates vary depending on where you are.

 

You can look up Per Diem rates at this Government website: https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-lookup

 

Be sure that you qualify to claim Per Diem.  You can only claim them if you're traveling away from home overnight. If you travel more than 50 miles from home on a daily basis, you may be commuting, which is non-deductible.

 

Travel expenses are the ordinary and necessary expenses of traveling away from home for your business. 

 

You're traveling away from home if your duties require you to be away from the general area of your tax home for a period substantially longer than an ordinary day's work, and you need to get sleep or rest to meet the demands of your work while away.

 

Generally, your tax home is the entire city or general area where your main place of business or work is located, regardless of where you maintain your family home. For example, you live with your family in Chicago but work in Milwaukee where you stay in a hotel and eat in restaurants. You return to Chicago every weekend.

 

You may not deduct any of your travel, meals or lodging in Milwaukee because that's your tax home. Your travel on weekends to your family home in Chicago isn't for your work, so these expenses are also not deductible. If you regularly work in more than one place, your tax home is the general area where your main place of business or work is located.

 

In determining your main place of business, take into account the length of time you normally need to spend at each location for business purposes, the degree of business activity in each area, and the relative significance of the financial return from each area. However, the most important consideration is the length of time you spend at each location.

 

You can deduct travel expenses paid or incurred in connection with a temporary work assignment away from home. However, you can't deduct travel expenses paid in connection with an indefinite work assignment. Any work assignment in excess of one year is considered indefinite.

 

Also, you may not deduct travel expenses at a work location if you realistically expect that you'll work there for more than one year, whether or not you actually work there that long. If you realistically expect to work at a temporary location for one year or less, and the expectation changes so that at some point you realistically expect to work there for more than one year, travel expenses become nondeductible when your expectation changes.

 

 

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As a self-employed person who travels daily more than 50 miles from home, what is the allowable per diem rate I can claim?

If you "travel daily", the seem to mean you are NOT staying out-of-town overnight.  That pretty much eliminates the Per Diem deduction.

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