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Level 1
posted Dec 11, 2022 6:58:07 AM

I do a job away from home once a year in another state and I was wondering if i can deduct the amount i pay for meals with per diem rate.

Hello
I do a job away from home once a year in another state and the agency that gets me that job pays for hotel and car. I was wondering if i can deduct the amount i pay for meals with per diem rate. Self employed worker with a 1099 from the job away for greater than 3 weeks from my physical home for periods up to 6 months

I also do a job for another agency at my physical address that generates a 1099.

Would i be consider a qualifed traveler to get the per diem rate for meals with the job away from home in another state or would i be considered to live in two states throughout the year and not a qualified traveler and therefore cannot take a meal deduction. I travel between both locations when i am on assignment maybe once or twice. The hotel or apartment is paid for by the agency usually an airbnb.

Thank you
Notice 2021-25, Temporary 100-Percent Deduction for Business Meal Expenses
Publication 463, Travel, Entertainment, Gift, and Car Expenses
Tax Topic 511 - Business Travel Expenses
https://www.gsa.gov/

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3 Replies
Level 15
Dec 11, 2022 1:04:08 PM

@Mike9241 

Level 15
Dec 12, 2022 6:51:20 AM

W-2 job related expenses are not deductible. This includes any and all travel and vehicle expenses.

If you are self-employed, then travel expenses are claimed on the SCH C. See all the categories in the SCH C section of the program for business expenses. Travel expenses is one of those sub-categories.

 

Level 1
Dec 16, 2022 6:26:07 PM

The real question is the scenario I have given qualify for a tax deduction.

I am self employed for part of the year where I travel away from home a company pays for my lodging and car. I pay for my meals. That lodging is my home for six months. I can take the per diem rate off meals.

I live in another state where when I return I do my other self employment business (personal home).  For the state in which I do not live can I deduct the per diem rate for meals which for me is about 52$ per day. This adds up to close to 12K for the time I am there. I am not sure if that is allowed or if the IRS will consider the apartment the company got me for the 6 months I was away from home getting a 1099 my permanent home. 

 

That was my question.

 

Thank you