Tired of preparing all the documentation needed to support business travel expenses in and outside of Maine? Employees are required to collect receipts as they travel, noting the time, place and business purpose of each expenditure if your business reimburses employees for actual travel expenses. Then, monthly expense reports must be reviewed and approved by management. Sometimes, processing delays happen if documentation is incomplete or a supervisor questions the business purpose (or reasonableness) of an item. Maine employers must hold on to all of this documentation for several years in case the IRS questions business travel deductions. The per-diem and high-low methods are an alternative that can simplify your procedures and policies for reimbursing travel expenses.

Alternative Substantiation Methods

If your company uses per diem rates, employees don’t have to meet the usual recordkeeping rules required by law. Employers may pay employees a per diem amount, based on IRS-approved rates that vary from locality to locality, instead of reimbursing them for their actual expenses for lodging, meals and incidentals while traveling.

Under the per diem method, receipts of expenses generally aren’t. Instead, the employer simply pays the specified allowance to employees, although they still must substantiate the time, place and business purpose of the travel. Per diem reimbursements generally aren’t subject to income or payroll tax withholding or reported on the employee’s Form W-2.

Important note: Per diem rates can’t be paid to individuals who own 10% or more of the business.

Under the “high-low method,” the IRS establishes an annual flat rate for certain areas with higher costs of living. All the locations within the continental United States that aren’t listed as “high-cost” automatically fall into the low-cost category. The high-low method may be used in lieu of the specific per diem rates for business destinations. Examples of high-cost areas include San Francisco, Boston and Washington, D.C.

There are some circumstances, for example, if an employer provides lodging or pays the hotel directly, employees may receive a per diem reimbursement only for their meals and incidental expenses. The IRS also provides a $5 incidental-expenses-only rate for employees who don’t pay or incur meal expenses for a calendar day (or partial day) of travel.

Recent Updates for 2017

The IRS recently updated the per diem rates for business travel for fiscal year 2017, which started on October 1, 2016. The per diem rate for all high-cost areas within the continental United States is $282 for post-September 30, 2016, travel (consisting of $214 for lodging and $68 for meals and incidental expenses), under the high-low method. For all other areas within the continental United States, the per diem rate is $189 for post-September 30, 2016, travel (consisting of $132 for lodging and $57 for meals and incidental expenses). Compared to the prior simplified per diems, the high-cost area per diem has increased $7, and the low-cost area per diem has increased $4.

The following costs aren’t included in incidental expenses:

• Transportation costs between places of business and lodging and places where meals are taken, and
• Mailing costs of filing travel vouchers and paying employer-sponsored charge card billings.

Accordingly, taxpayers using per diem rates may separately deduct, or be reimbursed for, transportation and mailing expenses.

The IRS also modified the list of high-cost areas for post-September 30 travel. The following localities have been added to the high-cost list:

• Kill Devil, North Carolina
• Mill Valley/San Rafael/Novato, California
• Los Angeles, California
• Seaside, Oregon
• Sedona, Arizona
• Vero Beach, Florida

Also, these areas have been removed from the previous list of high-cost localities:

• Mammoth Lakes, California
• Midland, Texas

Note: Certain tourist-attraction areas only count as high-cost areas on a seasonal basis. Starting on October 1, the following tourist-attraction areas have changed the portion of the year in which they are high-cost localities:

• Chicago, Illinois
• Denver/Aurora, Colorado
• Fort Lauderdale, Florida
• Jackson/Pinedale, Wyoming
• Jamestown/Middletown/Newport, Rhode Island
• Naples, Florida
• Philadelphia, Pennsylvania
• Vail, Colorado

Rules and Restrictions

If companies use the high-low method for an employee, they must continue to use it for all reimbursement of business travel expenses within the continental United States during the calendar year. The company may use any permissible method to reimburse that employee for any travel outside the continental United States, however.

For travel in the last three months of a calendar year, employers must continue to use the same method (per diem method or high-low method) for an employee as they used during the first nine months of the calendar year. Also, employers may use either:

1. The rates and high-cost localities in effect for the first nine months of the calendar year or
2. The updated rates and high-cost localities in effect for the last three months of the calendar year, as long as they use the same rates and localities consistently for all employees reimbursed under the high-low method.

Company Deductions

Employers must treat meals and incidental expenses as a food and beverage expense that’s subject to the 50% deduction limit on meal expenses, in terms of deducting amounts reimbursed to employees on the company’s tax return. For certain types of employees, such as air transport workers, interstate truckers and bus drivers, the percentage is 80% for food and beverage expenses related to a period of duty subject to the hours-of-service limits of the U.S. Department of Transportation.

Example: A company reimburses its marketing manager for attending a July trade show in Chicago based on the $282 high-cost per diem. It may deduct $248 ($214 for lodging plus $34 for half of the meals and incidental expense allowance).

Contact Your Tax Professional

Business travel expenses are often targeted by IRS auditors, so detailed recordkeeping is imperative. Per diem substantiation methods may simplify your recordkeeping requirements and minimize IRS scrutiny. To determine if it makes sense for your company to use per diem rates to reimburse employees’ business travel expenses, contact your tax adviser.