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I’m wondering how long can I claim a per diem allowance for out of town travel on business? I’ve read that as long as the assignment lasts no more than a year. In 2000 I began an assignment that turned out to be three different jobs with three different clients but at the same location. The series of jobs ended nearly two years later. Can I claim per diem allowance for the entire stay of nearly two years on the basis that the work was actually three different jobs with three different employers?

Submitted: 2022 days and 7 hours ago.
Category: Tax
Value: $10
Status: AWAITING EXPERT REPLY
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Posted by T. R. Miller, The SunTaxMan 2022 days and 7 hours ago.

Info Request

You have said in one place, three different clients. In another place, three different employers.

I think we need more details to know if this indeed is three different temporary assignments.

Did you come home between assignments? How often did you come home? What is the nature of your work? What, if any, is the common element among these three jobs.

Accepted Answer

You must be able to show that each employer and job was expected to last (and did last) less than 1 year. Each job must not be contingent on the other or related in any manner. The employers must not be "related parties"(generally have less than a 10% ownership or family related.

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Expert: Sandi Hargrove, SkyHawks
Pos. Feedback: 98.8 %
Accepts: 
Answered: 5/10/2004

Master Tax Advisor, Enrolled Agent

I am a Master Tax Advisor and Enrolled Agent. I have 40 years experience. Trucking specialist.

2022 days and 4 hours ago.

Reply

Here are the details. In March 2000 I was called by Company A which had just acquired a contract to perform analytical testing for Company B. Company A operated a mobile laboratory and hired me as an independent contractor to do their analytical testing on site for their client, Company B. I worked until January 2001 for Company A, at which time Company A sold their mobile lab to Company C. I had to do some negotiating with Company C to convince them to continue to use me as an independent contractor instead of using one of their own full time analysts, which they agreed to do, and the work continued basically uninterrupted. The nature of the work changed somewhat due to different quality control and other operating procedures required by Company C, but I continued operating the mobile laboratory at the same location until December of 2001, at which time the job ended for the mobile lab services required by Company B. Then there was a break of several weeks at the end of the year and I went home. Then Company B decided to hire me as an independent contractor to train their personnel to do what I had been doing as the operator of the mobile lab for the previous 18 months. This training and consulting work with Company B in their own laboratory lasted until March 20 of 2002.
This was all out of town work nearly 600 miles from my home and I paid lodging expenses in addition to keeping my residence the entire time. What is going to be allowed for the claim of lodging per diem?

Accepted Answer

My opinion in this grey area is that you are entitled to the deductions. Make sure to keep records as you detailed it here which will include a copy of your contract and payroll records to prove your claim.

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Expert: Sandi Hargrove, SkyHawks
Pos. Feedback: 98.8 %
Accepts: 
Answered: 5/10/2004

Master Tax Advisor, Enrolled Agent

I am a Master Tax Advisor and Enrolled Agent. I have 40 years experience. Trucking specialist.

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