Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.
Is the duration of your time in Oklahoma City going to be less than one year total?
If so, this can be a temporary work assignment, and as such your travel to and from that location would be tax deductible.
Also, you can only claim per diems on days you are on business - you can't claim a per diem for personal time
"Also, you can only claim per diems on days you are on business - you can't claim a per diem for personal time" - Even if the distance is inconvenient to travel every weekend?
Including have to move everything out of my room every weekend?
When you're on personal time, it's not a business expense
You can deduct your expenses for business purposes
What if I am doing training on my on time?
on the weekend
Originally Posted by IRS Publication 17
Does the clip from publication 17 make sense?
For the most part but if I use the out of town per diem rate don't I get to deduct the full 8hr day per diem instead of just the cost of the hotel? I prefer to use per diem.
Correct - you can only deduct up to the cost of what it would have been to stay at your temporary work location
So tell me if this is correct:
Tuesday 10hrs x perdiem
Wedmesday 10hrs x perdiem
thursday 10hrs x perdiem
Friday 8hrs x perdiem <no work no travel
Saturday 8hrs x perdiem <no work no travel
Sunday 8hrs x perdiem <no work no travel
Frdiay Saturday & Sunday is the weekend for me.
You wouldn't take the per diem on the days you are on your personal time
yes, and you could deduct your cost of traveling on Friday and Sunday to and from your home
So Monday,Tuesday,Wednesday,Thursday are all valid per diem days because they are work days.
That is correct
If you keep your hotel room during your visit home, you can deduct the cost of your hotel room? by per diem or actual cost of room for travel days?
Actual cost of the room
Okay clear on that.
Is there any way through training or managing the business on the weekend that I would be able to take per diem as well?
No, you are still on your personal time. You would still be traveling home.
But if I am an llc business and I do work for the business why does that become personal time?
You're not working for someone else? If you are working, at home, you would not be traveling and therefore would not take the per diem
You are traveling when you are away from home. When you are home, you are not traveling - therefore even if you work while you're home you can't deduct the per diem, because you are home
But if I am an llc business and I do work for the business in the out of town location, isn't that per diem on the weekend?
Yes, if you are in the out of town location - you can deduct that. But not if you are home
How would I claim per diem on the weekend in such a case. For the hours I worked?
while you are home?
Or while you are away?
You cannot claim the per diem while you are at home
out of town
Then you claim it just as you would through the work week
It's no different because it's the weekend
By the hours worked?
Per diem = per day - it has nothing to do with hours worked
I'm sorry I am still a little confused
I am only speaking of out of town
Correct - when you deduct a per diem you get one daily rate. The rate is the same regardless of how long you work or not
Can I claim per diem every day I am out of town including the weekend.
One last question
If I work as a W2 employee and I am still an llc and they cover 5 days of per diem, Mon-Fri, can I still use a 7 day per diem.
If you are working, yes
Does this mean I have to work all 7 days as well?
I'm sorry I didn't see your last response
Okay I am going to summarize what we spoke about and you tell me if i have correct, OK?
1. If I travel to home I expense food, travel & lodging when I am on the road
2. If I travel to home I can still deduct the cost of my hotel room
3. For every day I am out of town and staying at a hotel, Sun-Sat, I claim 7 days of per diem whether I work or not.
Especially number 3, there are no gray areas here, right.
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Okay, that's it. Thanks for your responses regarding my concerns.
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