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I'm a Independent Claims Adjuster and I spent the last four…

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I'm a Independent Claims...

I'm a Independent Claims Adjuster and I spent the last four months out of my home state doing claims. Can I claim the listed GSA rates for per diem as a write off? Secondly, does it matter that the company that I contracted with took taxes out of my pay?

Submitted: 7 months ago.Category: Tax
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Answered in 4 minutes by:
12/20/2017
Tax Professional: Lev, Tax Advisor replied 7 months ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,273
Experience: Taxes, Immigration, Labor Relations
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You may use M&IE rates based on locality as optional method to deduct meal expenses while away from home.

You may not use Per Diem for dwelling - only actual dwelling expenses may be deducted.

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Customer reply replied 7 months ago
Why can't I use dwelling as it is a cost incurred I otherwise wouldn't have if I were home?
Tax Professional: Lev, Tax Advisor replied 7 months ago

Regulations doesn't allow to use per diem for dwelling.

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Tax Professional: Lev, Tax Advisor replied 7 months ago

But actual dwelling expenses may be deducted while you are traveling away from home for business purposes.

That is based on section 162

https://www.law.cornell.edu/uscode/text/26/162

Section 162(a) allows a deduction for all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business.

Let me know if you need any help with reporting.

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