dstoffa
Registered User
- Jan 11, 2013
- 730
- 125
What Avery did is currently tax evasion by statute.
The IRS does allow employees to collect a tax free per diem as reimbursement for expenses, but the employee is legally required to submit an expense report and cannot keep the money without spending it on bonafide expenses, otherwise it must be reported as ordinary income
Depends on what he wrote ($$$) he received, and what he's entitled to in accordance with Federal "Per Diem" guidelines. Not to mention if an expense report is filed on his behalf... We just don't know.
From the IRS website:
6. When are per diem payments taxable?
Payments will be taxable to the employee when any of these situations are true:
· No expense report is filed with the employer,
· The expense report filed does not include the date, time, place, amount and business purpose of the expense,
· A flat amount is given to the employee and no expense report is required, or
· Per diem is paid in excess of the allowable standard federal rate.
If the per diem given to the employee is at or under the CONUS GSA Per Diem Rates (and that is a function of location), AND the expense report is completed and submitted, then it is indeed "tax free."
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