per diem per person

SPARKS_8

Seasoned Expediter
Hi,
Can you tell me if husband and wife can each claim the $52.00 per diem? We both drive and own the truck. I understand at filing time it's really only 75% of the total. Also is there different amounts for different parts of the US? I had someone tell me there was?? Thanks

Sheila Sparks
 

Fkatz

Veteran Expediter
Charter Member
Hi,
Can you tell me if husband and wife can each claim the $52.00 per diem? We both drive and own the truck. I understand at filing time it's really only 75% of the total. Also is there different amounts for different parts of the US? I had someone tell me there was?? Thanks
Sheila Sparks

August 7, 2007 0920 hours Eastern

Morning Sheila,

There is a new law that has been passed called the Work Opportunity Act of 2007. The 1099 that you receive for the truck will now be split between both husband and wife, even though it is made out to either party. This was passed by congress due to many husband and wife teams were not filing partnership returns, and instead 2 Schedules C's were made out showing the expenses for only the primary driver, and per diem and other minor expenses were taken on the wifes form. Now all expenses will be split between the parties.

As far as the Per Diem is Concerned, the Standard Rate for Truck drivers is $52.00 per day U,S. and $58.00 Canada. There is no other per diem available to the transportation industry.

What you are talking about is the standard per diem that is used for traveling Saleman or Companies that send personal toi different cities nationally or internationally. That is available in publication 1542, which truck driver do not use. the actual per diem for most areas is only $34.00 per day, true other areas are higher, but they are only allowed 50% if the standard per deim rates if these rates are used. and there is really no way that you can derive where the exact place you were at except if you stop and eat. and then you od not get the per diem for the day since you are only stopping and eating.

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Fkatz

Veteran Expediter
Charter Member
. "RE: per diem per person"
Aug-07-07, 08:50 PM (EDT)
In response to message #1

But can you take $52.00 for both husband and wife?
52.00 x 2 people= 104.00 per day?

arrbsthw


Morning arrbsthw

Sorry it does not work that way, you cannot combine the per diem on one Sch C. or on one Partners return as a total. prior to the new law. which always stated that it has to be separated.
If you were told or did it in prior years, there is a very good chance that you will be audited, They are Checking more closly Returns with Schedule C (Sole Propreitors) Approx 130,000 returns randomly will be checked.

The New law that was passed as THE SMALL BUSINESS WORK OPPORTUNITY ACT OF 2007 (HR2206) effective for the 2007 tax year and beyond until changed states as follows:
Husband and Wife Joint Ventures. under partnerships and Corportations

If a qualified joint venture is conducted by a husband and wife who file a joint return for the tax year. the return is not treated as a partnership for tax purposes.
All items of income, gain, loss, deductions, and credits are divided equally between the spouses according to there respective interests in the venture and each spouse takes into account his or her
respective share of these items as if they were attributable top a trade or business conducted by the spouse as a sole propreitor. Each spouse with report his or her share on the approriate form, such as Schedule C, E, or F.

A qualified joint venture means any joint venture involving the conduct of a trade or business if:
* The only member of the venture are husband and wife
* Both Spouses materially particpate in the trade or business under
the passive loss rules without regard tot he rule that treats particpationby one spouse as particpation by the other.
* Both Spouses elect the application of this rule.
* Effective for tax year beginning December 31, 2006

Both of you would receive the per diem allowance at 75%, but it will have to be split on each spouses Schedule "C"

Franklin Katz, ATP, PA
Frank's Tax & Business Service
120 York Road
Kings Mountain, NC 28086-3151
(704) 739-4039
Fax (704)-739-3934
 
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