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Level 3
December 29, 2023
Question

Long Distance Trucker Per Diem Deduction

  • December 29, 2023
  • 3 replies
  • 20 views

Can an S-Corp owner operator long distance truck driver (paid by W-2) deduct per diem meals on 1120-S or can they only deduct actual meal and lodging expenses?  If per diem is it still 80% and if actual expenses, is it 50% or 80%?

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3 replies

Level 15
December 30, 2023

Yes, they can use the Standard Meal Allowance (using the Per Diem rate for meals).  They deduct 80%, and have the option to use the higher "transportation worker" rate.

They can only use Actual Expenses for lodging.

TSW Author
Level 3
December 30, 2023

So for all the days he was away from his tax home, he can deduct 80% of $69 per day on his 1120-S? Even though was the owner operator while paying himself a W-2 salary throughout the year correct? 

qbteachmt
Level 15
December 30, 2023

"As of now, the IRS allows $69 per day in the continental United States. Keep in mind that you’re only permitted to take this deduction while traveling a distance that requires you to sleep or rest away from home."

From: https://www.rivierafinance.com/finance-blog/tax-deductions-for-owner-operator-truck-drivers/

The disqualification for lodging per diem assumes your client is a more than 10% shareholder.

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PATAX
Level 12
December 30, 2023

you may also want to check state rules for the state return, to see per diem and actual expense rules.

BobKamman
Level 15
December 30, 2023

Notwithstanding the Supreme Court decision in Citizens United (holding that corporations are the same as people, when it comes to political spending), it is still the case that corporations do not eat anything. Therefore, they do not consume meals.  If they reimburse their employees for meals, then those might be fully or partially deductible.  An S Corp with one shareholder would follow the same rules on that, as UPS and FedEx.