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New Member
posted Jun 4, 2019 12:59:45 PM

If you are not a Per Diem truck driver are you allowed meal deduction

Only information is on Per Diem truck drivers

0 5 3399
5 Replies
New Member
Jun 4, 2019 12:59:48 PM

Over the road and yes away from home for a week then home for 36 hrs

Returning Member
Jan 22, 2020 12:31:38 PM

I am local DOT driver. Go home every night can I qualify?

Expert Alumni
Jan 22, 2020 1:06:25 PM

No, you would not qualify to claim meal expenses.  

 

In order to qualify to claim meal expenses as a truck driver you would need to be traveling away from home for 'substantially longer' than the length of a normal workday and you would need to be a self-employed driver.  Drivers employed and receiving a W-2 are no longer eligible to claim per diem expenses for meals or travel due to the Tax Cuts and Jobs Act.

 

@Jaluaa

Returning Member
Feb 4, 2020 12:40:52 PM

Trying to find out about per diem for over the road truck driver

 

Expert Alumni
Feb 4, 2020 1:59:12 PM

The special standard meal allowance (or per diem) rate for individuals working in the Transportation Industry (subject to the U.S. Department of Transportation "hours of service" rules) is $66 per day in the Continental U.S. ($71 per day outside the continental U.S.) for travel between 10/1/18 and 9/30/20.

 

In addition, transportation workers can claim a deduction of 80% for meals (compared to the general 50% limitation.) 

 

Per IRS Publication 463, you can claim the special standard meal allowance if you work in the transportation industry. You are considered to be in the transportation industry if your work:

 

  • Directly involves moving people or goods by airplane, barge, bus, ship, train, or truck; and
  • Regularly requires you to travel away from home and, during any single trip, usually involves travel to areas eligible for different standard meal allowance rates.

 

You are subject to the Department of Transportation's “hours of service” limits if you are one of the following:

 

  • Certain air transportation workers who are under Federal Aviation Administration regulations
  • Interstate truck operators and bus drivers who are under the Department of Transportation regulation
  • Certain railroad employees who are under Federal Railroad Administration regulations
  • Certain merchant mariners who are under Coast Guard regulations

 

Please Note: The deduction for meals and incidental expenses is not available to employees who receive a W-2. Unreimbursed employee business expenses are no longer deductible as a miscellaneous itemized deduction unless you are in a special category of employment. Please see IRS Publication 529 for more information.