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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 585
Experience:  10 years experience
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Tax question, i am paid 100$ per day per diem when i am out

Customer Question

tax question
JA: Thanks. Can you give me any more details about your issue?
Customer: i am paid 100$ per day per diem when i am out of town traveling on temporary assignment i itemize my employee expenses hotel, food , vechile mileage ect...... turbo tax asks if i was reimbursed for any of my employee expenses by my employers!!!! if you answer yes they want to know how much
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Submitted: 1 year ago.
Category: Tax
Customer: replied 1 year ago.
i work for multiple union employers some call it "per diem" flat rate per day
another employer call is subsistencethe money is not taxed on my weekly pay checks 100 per day if working 7 days in a week i get 700$
when i receive my w2 it is not on my w2 any where!!
Customer: replied 1 year ago.
how does the ire know that i get that money and how much i get?
Customer: replied 1 year ago.
i know many people that don't put it down and have been audited and it was never an issue so I have googled a million different ways of asking this question and checked many different thing and have got conflicting answers
Expert:  emc011075 replied 1 year ago.

Hi. My name is ***** ***** I will be happy to help you.

First, knowingly cheating on your tax return is not the best idea and it will not be protected by statute of limitation. It means that IRS can audit your return 20 years later and hit you with late fees and penalties.

Just because you don't see it on W2, it doesn't mean it is not there. Those items are reported in boxes 12 and 14 with various codes. Also the employer is claiming it as deduction for the per diem on his corporate return so there's a record of it. And if there's a record there's always a chance that IRS may know on your door asking about it.

Customer: replied 1 year ago.
I am not knowingly cheating that's why I am paying for adviceI am simply asking because I have done a lot of searching and found different answers on the issue from reputable sources
Customer: replied 1 year ago.
They are not in boxes 12 or 14 on any of my returns from 3 different employersSo that makes me ask myself if I am missing something ??
Expert:  emc011075 replied 1 year ago.

If you were reimbursed for your expenses and it is not included on your w2, you cannot deduct it. If you don't use a professional to prepare your tax return, than at least follow the instructions and answer the questions honestly and correctly.

If the other people don't put it down it doesn't mean it is right but it could also mean that it wouldn't make any difference. Also, when IRS conduct a review or audit, it usually audit one specific thing not everything on the return. So unless somebody was audited because of the per diem expenses and IRS allowed knowing that the person was reimbursed, which I doubt, it doesn't mean anything. A return can be audited over and over again for different issue.