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Per Diem Rates for CDL Drivers Set to Increase (2009)

Posted by Jeremy Reymer on Mon, Oct 12, 2009
  
  
  
  
  
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Per Diem Rates for CDL Drivers will RiseThe Internal Revenue Service (IRS) has raised the amount per day that the employer of a truck driver may reimburse the driver for meals and incidental expenses when the driver is away from home on travel.

This per diem amount, which has been $52 a day for several years, will go up to $59 a day. It represents a safe harbor for employers and drivers alike, since reimbursements up to that amount need not be documented by receipts or other evidence. Reimbursements over that amount must either be documented or will be considered income to the driver.

The change takes effect Jan. 1, 2010, for drivers for whom the employer has used the $52 amount during 2009, and on Oct. 1, 2009, (for amounts paid with respect to travel after Oct. 1), for other drivers.

The IRS published the change in Rev. Proc. 2009-47, which was issued Sept. 30.

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Comments

increase took effect 10/01/2009, not 01/01/2010
Posted @ Tuesday, March 09, 2010 8:05 PM by HonestJoe
What if I am a company driver & my company is not reimbursing me for my meals, etc? Can I use the standard $59/day that I am out on the road (Usually 3 -4 weeks to a time, & then in for 4 days) 
 
 
 
If so, How do I figure this into my 2010 taxes when I file
Posted @ Wednesday, October 20, 2010 3:02 PM by Jim Taylor
Although I am not an accountant, I understand that you can claim the $59 per diem for every 10-hr break you take away from your home. Be prepared, though, to back up what you claim with logs that accurately reflect that the breaks were taken away from home. 
 
When filing 2010 taxes, you will need to itemize, and therefore will not be able to simply fill out the 1040 EZ form. 
 
 
 
Posted @ Friday, October 22, 2010 5:13 AM by Jeremy Reymer
Remember you only claim 80 percent of the per diem amount.
Posted @ Wednesday, January 19, 2011 12:01 AM by Hervy
I am helping my dad with his taxes and he is a truck driver who is always on the road, we barely see him home. I would like to know if I use this rate how much total can I put for each month. I know he is alowed to work 70 hour weeks, which usually gives him only a day off during each week. 
 
Thank you
Posted @ Saturday, February 05, 2011 10:01 PM by Lily
I recommend discussing this with the experts at Central Business Services (http://www.cbsitax.net/). This is what they do for individual owner-operators, etc. 
 
I know them well and have a great relationship with them. 
 
Posted @ Monday, February 07, 2011 3:20 PM by Jeremy Reymer
My husband is an OTR Truck Driver, he was told that he can claim a flat rate of $10,000 per diem rate. Is this true or does he need to stick to the $59 per day rate?
Posted @ Saturday, February 26, 2011 10:44 AM by Judy Penley
If I remember right, if your home once a month, you are not eligible. Must be away from home most of the time as I was for a year.
Posted @ Saturday, February 26, 2011 10:22 PM by C
The truck driver special per diem is only available when traveling between cities with different per diem rates, it is not available automatically to all drivers. Additionally the driver must be gone for a rest period and reduce the deduction for any per diem he receives from his employer
Posted @ Tuesday, March 15, 2011 11:51 AM by Bob Jennings
You only have to be away from your domicile for more than 8 hours in a particular calendar day to claim per diem for that day. You dont have to be an OTR driver.
Posted @ Tuesday, April 19, 2011 3:31 AM by Dave
My husband is a truck driver who is home most of the time but occasionally goes to California for weeks at a time. His employer does not pay him a daily per diem while he is away. Is this a law? Does his employer have to? What can we do if he doesn't? So confused...thanks.
Posted @ Saturday, June 11, 2011 10:58 PM by Mickey
I don't think employers have to participate.
Posted @ Tuesday, June 14, 2011 1:28 AM by Dave
Plus you don't get paid per diem. Per diem only adds non taxable income to your pay.
Posted @ Tuesday, June 14, 2011 1:31 AM by Dave
Clarify if you could if the company is doing the per diem correctly...the company I currently work for - pays a flat amount per mile. i.e I get a gross amount of $1000.00 and taxes are paid on $750 of that gross, b/c I am allowed $50 per day (5days) in per diem that is tax free, in the end - my paycheck is $750 less taxes plus the per diem of $250 that is taxfree....so I have less taxes at the end of the year and I don't have to claim reimbursments b/c they company has withheld the per diem already is how I understand it...Is my company handling the per diem correctly or should they be paying me my gross wage + the per diem amt over and above the flat wage?
Posted @ Tuesday, July 05, 2011 3:33 PM by Jana
My husband worked for a company for several years than semi-retired. He went back to work for them about 14 months ago. When he retired the per diem rate was $36 a day, but by the time he returned to work it had increased to $52 a day. For the 1st 11 months they only credited him with $36 a day and it was corrected when during a conversation with a lady in the office she realized she never changed the pc info to the increase of $16 a day. In short...for 165 days he was only credited $36 which of course means we paid taxes on a higher AGI. In addition it totaled roughly $2900 that should have been reimbursed as non-taxable cash in our take home pay. Who owes us this money? It seems to me that someone should reimburse us the difference in cash that we didn't receive in addition to doing a 1040x for the IRS for taxes. Thanks for any advice.
Posted @ Friday, July 15, 2011 8:52 PM by Patsy
Simple.... 
 
If your company pays you based on per diem (they tax you less per check), they only thing you need to do is file your taxes based on the amount of income they show on your w-2. That's the amount being reported to the IRS as taxable income. Do NOT claim additional per diem by itemizing if this is the case, or you will get more refund than you are entitled to, and the IRS will come after you for it. I know this because I did it one year on accident.  
 
If your company didn't do per diem, then you take however many days you were away from home for 24 hours (THAT'S the REAL general rule) based on your logs, and multiply that by $59 then multiply by .80 (80%) and that is the number you enter for your deduction of job-related expenses (300 x $59.00 x .8 = $14160). 
 
Or keep all your receipts for the years and add them up (Ha! Yeah, right!)
Posted @ Saturday, January 28, 2012 2:09 PM by Mike
i was let go from my job for miss use of funds on trips that i took. my x-boss was paying me a per diem of only about 22 per day. what i need to no, is he sapose to give me the hole amout or only what he alowed me to have, and did not add any thing to my check to showe any per diem.
Posted @ Tuesday, March 13, 2012 10:04 AM by roy poppell
I am working for a company that hired me to be a local driver. They said on rare occasions I would be asked to do over night trips. Since then they have grown and are now forcing out of state dispatch for all drivers. They offer a hotel room and up to 18.00 a day for food expenses on the company credit card. All additional expenses are taken from paycheck. They keep the hotel receipt/write-off. Can I still get a credit on my taxes?
Posted @ Friday, April 19, 2013 12:42 AM by Joe Swartz
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