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The Internal Revenue Service announced disaster tax relief for all individuals and businesses affected by Hurricane Helene, including the entire states of Alabama, Georgia, North Carolina and South Carolina and parts of Florida, Tennessee and Virginia

Taxpayers in these areas now have until May 1, 2025, to file various federal individual and business tax returns and make tax payments. Among other things, this includes 2024 individual and business returns normally due during March and April 2025, 2023 individual and corporate returns with valid extensions and quarterly estimated tax payments.    

Which states qualify

Besides all of Alabama, Georgia, North Carolina and South Carolina, this currently includes 41 counties in Florida, eight counties in Tennessee and six counties and one city in Virginia.

Individuals and households that reside or have a business in any one of these localities qualify for tax relief. The same relief will be available to other states and localities that receive FEMA disaster declarations related to Hurricane Helene.

Filing and payment relief 

The tax relief postpones various tax filing and payment deadlines that occurred beginning on Sept. 22, 2024, in Alabama; Sept. 23 in Florida; Sept. 24 in Georgia; Sept. 25 in North Carolina, South Carolina and Virginia; and Sept. 26 in Tennessee. In all of these states, the relief period ends on May 1, 2025 (postponement period). As a result, affected individuals and businesses will have until May 1, 2025, to file returns and pay any taxes that were originally due during this period. 

Severe weather storm surge

This means, for example, that the May 1, 2025, deadline will now apply to: 

  • Any individual or business that has a 2024 return normally due during March or April 2025.
  • Any individual, business or tax-exempt organization that has a valid extension to file their 2023 federal return. The IRS noted, however, that payments on these returns are not eligible for the extra time because they were due last spring before the hurricane occurred. 
  • 2024 quarterly estimated income tax payments normally due on Jan. 15, 2025, and 2025 estimated tax payments normally due on April 15, 2025.
  • Quarterly payroll and excise tax returns normally due on Oct. 31, 2024, and Jan. 31 and April 30, 2025. 

In addition, the IRS is also providing penalty relief to businesses that make payroll and excise tax deposits. Relief periods vary by state. Visit the Around the Nation page for details. 

Additional tax relief
  • Disaster assistance and emergency relief are available for various tax-related actions during the postponement period, with deadlines extended to May 1, 2025, for areas impacted by Tropical Storm Debby.
  • Taxpayers in disaster areas with an IRS address of record automatically receive filing and penalty relief without needing to contact the IRS.
  • Taxpayers who move to the disaster area after filing and receive a late filing or payment penalty notice can contact the IRS to have the penalty abated.
  • The IRS will assist taxpayers outside the disaster area who cannot meet deadlines due to necessary records being in the affected area. They can contact the IRS for relief at 866-562-5227.
  • Tax preparers for clients outside the disaster area can use the IRS’s "Bulk Requests from Practitioners for Disaster Relief" option.
  • Individuals and businesses in federally declared disaster areas can claim uninsured or unreimbursed disaster-related losses on either the 2024 or 2023 tax returns. They have until Oct. 15, 2025, to make the election.
  • Qualified disaster relief payments from a government agency are generally excluded from gross income for personal, family, living, or funeral expenses, as well as home repairs or rehabilitation.
  • Additional relief may apply to retirement plans or IRAs, including special disaster distributions exempt from the 10% early distribution tax or hardship withdrawals.
  • The IRS may offer more disaster relief in the future as part of a coordinated federal response with FEMA. For more information, visit disasterassistance.gov.

Mark Sullivan Consulting is here to support taxpayers affected by recent natural disasters. We understand the complexities and stress that come with navigating tax relief during such challenging times, and our experienced team is ready to help you make sense of the available IRS relief options. Whether you're facing filing delays, penalty notices, or need assistance claiming disaster-related losses, we are committed to guiding you through every step of the process with compassion and expertise. Let us take the burden off your shoulders so you can focus on recovery.

Request a free consultation HERE with Mark W. Sullivan, EA 

About the author

Mark opened Mark Sullivan Consulting, PLLC in October 2022 after decade of tax consulting in FinTech. He is fairly new to the Phoenix area having moved here from St. Louis, Missouri in July 2020.

Mark has over 30 years of experience, including several years with the IRS as a Revenue Officer and over 16 years as director at a firm that specialized in civil and criminal tax accounting, IRS representation and forensic accounting. He has been admitted as an expert witness for civil and criminal tax cases in both State and Federal courts. Since relocating to Arizona and returning to practice, he has concentrated on tax compliance for individuals and businesses, advisory and representation services.

Mark graduated from the St. Louis University with a Bachelor of Arts in Sociology – International Relations degree. He has an unlimited licensed to practice as an Enrolled Agent nationwide and is a member of the National Association of Enrolled Agents.

A long-time Jeep enthusiast, Mark enjoys off-roading in his 2006 Jeep Wrangler LJ around the Southwest or wherever he goes on vacation.

Copyright 2024

Mark Sullivan Consulting, PLLC.

Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.

Additional references:

IR-2024-253 (October 1, 2024)

"Can I claim my emotional support dog as a tax deduction" is a common questioned posed to tax professionals by long-haul truckers. Every pet owner claims their animal is a member of the family and they are an essential companion for thousands of truckers. The emergence of the "Emotional Support" registration industry reinforces this fact.

  • Prior to 1987 when the IRS first required dependent Social Security Numbers it was not uncommon for taxpayers to claim their pets as dependents.
  • U.S. pet owners spent an estimated $60 billion in 2015 on their animals.

It understandable that taxpayers may want to recoup some of their emotional support dog expenses with a creative medical expense tax deduction[i]. To counter the urge to claim Fido as a tax deduction the IRS has promulgated guidance on what type of animals qualify.


Mark Sullivan Consulting Launches New Income Tax Preparation Service for Truckers


IRS Definition Of A Service Animal Or Emotional Support

How does the IRS define a service dog versus an emotional support dog?

The IRS does not offer a definition of a "service dog" oe "emotional support" animal, but guidance can be gleaned from the Americans With Disability Act (ADA). Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability including a physical, sensory, psychiatric, intellectual or other mental disability. An animal is defined as "emotional support" when it has not been specifically trained, for example:

  • Hearing Dogs– Alert the deaf to different sounds, alarms, etc.
  • Guide Dogs– Used by those that are visually impaired to help them navigate around obstacles, through a crowd, etc.
  • Mobility Dogs– Provides support and does tasks for those with limited mobility or with balance issues.
  • Psychiatric Service Dogs – Provides support for invisible mental illnesses. These dogs alert or calm their owners in need.
  • Medical Alert Dogs – Alerts their owners before an attack, seizure, or drop in blood sugar
Emotional Support Dog
Lilly Stefek, aka Walking Carpet

Tax Law Discussion

A review of IRC § 213 is required to answer the question, "Can I use my emotional support dog as a tax deduction?" The costs of buying, training, and maintaining a service animal to assist an individual with mental disabilities may qualify as medical care if the taxpayer can establish that the taxpayer is using the service animal primarily for medical care to alleviate a mental defect or illness and that the taxpayer would not have paid the expenses but for the disease or illness.


IRS Chief Counsel Note: A taxpayer who claims that an expense of a peculiarly personal nature is primarily for medical care must establish that fact. The courts have looked toward objective factors to determine whether an otherwise personal expense is for medical care:

  • the taxpayer’s motive or purpose for making the expenditure,
  • whether a physician has diagnosed a medical condition and recommended the item as treatment or mitigation,
  • linkage between the treatment and the illness, treatment effectiveness, and proximity in time to the onset or recurrence of a disease.
  • Havey v. Commissioner, 12 T.C. 409 (1949).
  • The taxpayer also must establish that the expense would not have been paid “but for” the disease or illness.

A personal expense is not deductible as medical care if the taxpayer would have paid the expense even in the absence of a medical condition. Commissioner v. Jacobs, 62 T.C. 813 (1974). [ii]

How Much of the Expenses Can You Deduct?

You can include in medical expenses:

  • the costs of buying, training, and maintaining a guide dog or other service animal
  • to assist a visually impaired or hearing disabled person, or a person with other physical disabilities.

In general, this includes any costs, such as food, grooming, and veterinary care, incurred in maintaining the health and vitality of the service animal so that it may perform its duties.


Per Diem Plus products are available on the Truckstop marketplace.
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2024 Trucker Per Diem Rates Published (September 25, 2023)

Flying With A Service Dog? Here's Everything You Need To Know (Becca Bond, The Points Guy, 9/12/23)

What Is The IRS Definition Of A Service Dog?

IRS Orders Immediate Stop To New Employee Retention Credit Claims (IRS Newswire, 9/14/23)


Where To Claim The Deduction?

Generally, you can deduct on Schedule A, Itemized Deductions (Form 1040) only the amount of your medical and dental expenses that is more than 7.5% of your adjusted gross income (AGI). However, with tax reform drastically increasing the Standard Deduction (2022: $12,950 Single, $25,900 Married) most taxpayers will not have sufficient itemized deductions to warrant pursuing a tax break for their pet expenses.

Example
  • AGI of $50,000
  • You spent $10,000 on service animal expenses
  • 7.5% of $50,000 = $3,750
  • $10,000 - $3,750 = $6,250 deduction for service animal related expenses
  • A business cannot claim a deduction for a guide dog or other service animal

Can You Deduct Expenses For Emotional Support Animals?

No, emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.

"Prior to January 2021, the law allowed emotional support animals to fly with documentation from a medical doctor verifying the animal was necessary for comforting the passenger. ESAs did not have to be trained. But after rampant abuse of the system that included people taking everything from peacocks to snakes to untrained and aggressive dogs on flights, the DOT revised its regulations to allow airlines to ban ESAs from the skies. Although the ultimate decision was left up to the airlines themselves, all major U.S. and Canadian carriers quickly changed their policies to stop non-ESA pets from flying. You can still fly with a small dog (under 25 pounds), but the pup must be in a carrier and you will need to pay the airline pet fee to fly."

Becca Bond, The Points Guy (9/12/23)

Can A Business Deduct The Expenses Associated With A Guard Dog?

Can I use my dog as a tax deduction if it guards my truck? The absence of specific guidance on guard dogs from IRS compels a taxpayer to evaluate the appropriateness of claiming a tax deduction for expenses related to a guard dog used to protect a truck that is constantly on the move as opposed to a drop-yard or terminal. Kay Bell writing for Bankrate.com provided a great analysis,

That “Beware of dog” sign in your business’s window is no idle threat. Break-ins have stopped since you set up a place for your Rottweiler to stay overnight. In this case, the IRS would likely be amenable to business deduction claims of the animal’s work-related expenses.
Standard business deduction rules still apply, notably that the cost of keeping an animal on work premises is ordinary and necessary in your line of business. Once you show that, the dollars spent each year keeping your pooch in good guard condition — food, vet bills and training — would be deductible as a business expense.
As with all deductions, be prepared to provide full and accurate records of your animal’s hours on the job. You’ll also find your tax claim more acceptable when you demonstrate how the animal protects your livelihood inventory. In addition, as is often the case with business property, the dog must be depreciated, a way of allocating its cost over its useful life for IRS purposes.


Keep in mind, too, that your claims carry more weight when your pet is a breed that’s typically used for such jobs. So even though your Chihuahua has a loud bark, your tax claim is more credible if your guard dog is a German shepherd, Doberman pinscher or a similar imposing breed”.[iv]

Conclusion

Can I use my dog as a tax deduction? Maybe. Every pet owner claims their animal is a member of the family and an essential companion for thousands of long-haul truckers. The IRS disagrees. It understandable that taxpayers may want to recoup some of their pet expenses with a tax deduction, but with the overall value of the deduction is limited due to the 7.5% of AGI offsetting most expenses. Furthermore, extensive rules have been promulgated to insure only qualifying animal expenses can be deducted and taxpayers risk the wrath of the IRS if they get too creative interpreting those regulations.


Need assistance resolving a tax controversy issue? Contact Mark W. Sullivan, EA or request a free consultation HERE


Drivers, try Per Diem Plus absolutely free for 30 days!


About Per Diem Plus

Per Diem Plus was born over our 30 years of experience as agents and tax practitioners and a relentless pursuit to introduce efficiency to the time-consuming task of tax compliance for truck drivers, fleets and their accounting professionals. The Per Diem Plus® Fleets enterprise platform enables motor carriers to easily implement an IRS-compliant fleet per diem program in hours that is scalable and data plan-friendly. Per Diem Plus was designed, developed and is managed in the USA and is the only IRS-compliant mobile application that provides automatic trucker per diem for solo and team drivers traveling in the United States and Canada. For more information, contact us at info@perdiemplus.com or visit www.perdiemplus.com

About the Author

Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.

In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA



Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.

Copyright 2022-2023 Mark Sullivan Consulting, PLLC; Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

[i] 2014 American Pet Producers Association market study

[ii]https://www.irs.gov/pub/irs-wd/10-0129.pdf

[iii]https://www.irs.gov/pub/irs-pdf/p502.pdf

[iv]https://www.bankrate.com/finance/taxes/tax-write-offs-for-pet-owners-1.aspx#slide=3

Designed by drivers. Built by tax pros.

Drivers have spoken! Based on user feedback Per Diem Plus introduces Small Fleets, which enables drivers to customize settings and automate features within the Per Diem Plus mobile app.   

Features include:
  • Schedule automated per diem reports - weekly, bi-monthly, monthly
    • Add multiple recipients for automated per diem reports, i.e., spouse or accountant
  • Select tax home geofence: 5, 10, 15, 20 or 25 air-miles
  • Record per diem for both team drivers on one device with a single login
  • Enable automatic “Auto-Trip” as the default setting
  • Enhanced security with two-factor authentication, unique Fleet code and Driver ID login
  • Easily switch between mobile devices and Android & iOS OS
Fully Automated:

Small Fleets will automatically track each qualifying day and partial day of travel away from home in the US and Canada.

  • Eliminate the need to retain ELD backups for 3 years to substantiate per diem
  • Native Android & iOS Mobile App
  • Supports solo and team drivers with single user login
  • GPS / KML per diem IRS audit-trace reports
  • 4-Year cloud-based data retention policy
  • Manage subscription through perdiemplus.com
Comparing Per Diem Plus with Small Fleets
Per Diem Plus vs Small Fleets

Drivers, try Per Diem Plus Small Fleets absolutely free for 30 days!

PDP Small Fleets requires users to complete the account setup HERE before using the app.


IRS-Compliant: Per Diem Plus® is the only IRS-compliant, mobile-enabled application for iOS and Android that automatically tracks each qualifying day of travel in the USA & Canada to substantiate away-from-home travel for solo and team drivers.

GPS-Based Tracking: Per Diem Plus utilizes a devices GPS to establish IRS-required “time, date and place” substantiation to prove away-from-home travel

Proven: Drivers have logged millions of miles using Per Diem Plus! Join those that value their time, love to eliminate inefficient paperwork, and want to simplify tax compliance and save money.


Easy Setup: An IRS-compliant cloud-based mobile app platform that allows for rapid deployment.

Secure Login: Two-Factor authentication with fleet code and driver ID login.


Data Plan Friendly: The average user on the road for a month will use less than 50MB per month. 


About Per Diem Plus

Per Diem Plus was born over our 30 years of experience as agents and tax practitioners and a relentless pursuit to introduce efficiency to the time-consuming task of tax compliance for truck drivers, fleets and their accounting professionals. The Per Diem Plus® Fleets enterprise platform enables motor carriers to easily implement an IRS-compliant fleet per diem program in hours that is scalable and data plan-friendly. Per Diem Plus was designed, developed and is managed in the USA and is the only IRS-compliant mobile application that provides automatic trucker per diem for solo and team drivers traveling in the United States and Canada. For more information, contact us at info@perdiemplus.com or visit www.perdiemplus.com


Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.

Copyright 2023 Mark Sullivan Consulting, PLLC; Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

Beware: FinCEN Beneficial Ownership Reporting Requirement Impacts Millions Of Small Businesses

On September 22, 2022 the US Treasury's Financial Crimes Enforcement Network (FinCEN) issued final rules requiring beneficial ownership reporting for small businesses, i.e. single truck owner operators. The rule requires businesses to file reports with FinCEN that identify two categories of individuals:

  • the beneficial owners of the entity, and
  • the company applicants of the entity

This rule requires most corporations, LLC's and similar businesses created in or registerd to do business in the United States to report (disclose) information about their beneficial owners to FinCEN. The rules came out of Corporate Transparency Act passed by the Biden administration in January 2021.

The purpose of the new reporting rule is to allow the Federal government to create a national database of information concerning the individuals who, directly or indirectly, own a substantial interest in, or substantial control over (beneficial owners) certain types of domestic and foreign entities.

  • The rule is effective January 1, 2024
  • Businesses created BEFORE January 1, 2024 will have one year (January 1, 2025) to file their initial reports
  • Businesses created AFTER January 1, 2024 will have 30 days after creation to file their initial reports
  • Businesses will have 30 days to filed updated reports upon any change in:
    • beneficial ownership information
    • business name
    • change of business address

Penalties For Non-Filing Of Reports:

Penalties for failure to file reports: $500 per day!


Introducing Per Diem Plus Small Fleets, an affordable, customizable per diem solution for solo and team operators


Who Is Required To File Reports:

  • C Corporations
  • S Corporations
  • Limited Liability Companies (LLC)
  • Multi Member Limited Liability Companies (MMLLC)
  • Single Member Limited Liability Companies (SMLLC)
  • Limited Liability Partnership (LLP)
  • Limited Liability Limited Partnerships (LLLP)

Domestic reporting company – any entity that is a corporation, a limited liability company, or otherwise created by the filing of a document with a secretary of state or similar office.

Foreign reporting company – any entity formed under the law of a foreign country and registered to do business in any U.S. state by the filing of a document with a secretary of state or similar office.

Who Is Exempted From Filing Reports:

  • SEC-reporting companies
  • Regulated financial services companies, including banks, credit unions, depository institution holding companies, registered securities broker-dealers, registered investment companies and investment advisers, venture capital fund advisers, and pooled investment vehicles that are operated or advised by the foregoing
  • Insurance companies
  • PCAOB-registered accounting firms
  • Tax-exempt entities
  • Inactive entities that existed before January 1, 2020, are not engaged in active business, are not owned by a foreign person, have not had a change in ownership in the last 12 months, have not sent or received funds greater than $1,000 in the last 12 months, and do not hold any assets
  • Subsidiaries of certain exempt entities

There is also an exemption for entities that employ more than 20 full-time employees in the U.S., have an operating presence at a physical office in the U.S., and demonstrate more than $5 million in gross receipts or sales on their federal income tax return (excluding receipt/sales from sources outside the U.S.). If a company falls below these thresholds in the future, a report must be filed within 30 days. An updated report is required if a reporting company later becomes eligible for the exemption.

Conclusion

The Corporate Transparency Act is an expansion of anti-money laundering laws and is intended to help prevent and combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity. Broadly speaking, it requires most U.S. business to disclose to the federal government in reports about who owns their business and lumps ordinary small businesses in with the nefarious underworld. Will this new rule deter illicit activity? Probably not but it ensures registering with FinCEN as opposed to running their business now becomes the single most important priority for American businesses lest they go bankrupt from the $500 per day penalties!


Drivers, try Per Diem Plus or Small Fleets absolutely free for 30 days!

PDP Small Fleets requires users to complete the account setup HERE before using the app.


About Per Diem Plus

Per Diem Plus was born over our 30 years of experience as agents and tax practitioners and a relentless pursuit to introduce efficiency to the time-consuming task of tax compliance for truck drivers, fleets and their accounting professionals. The Per Diem Plus® Fleets enterprise platform enables motor carriers to easily implement an IRS-compliant fleet per diem program in hours that is scalable and data plan-friendly. Per Diem Plus was designed, developed and is managed in the USA and is the only IRS-compliant mobile application that provides automatic trucker per diem for solo and team drivers traveling in the United States and Canada. For more information, contact us at info@perdiemplus.com or visit www.perdiemplus.com

About the Author

Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.

In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA



Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.

Copyright 2023 Mark Sullivan Consulting, PLLC; Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

Additional references:

"The Corporate Transparency Act: Questions and Answers", Jonathan A. Greene and Casandra J. Creekman, WrickRobbins, March 1, 2023

Beware: Firms Promoting Illegal Trucker Per Diem Programs

A motor carrier with 55 over-the-road drivers received this convoluted email explanation from their trucker per diem solution provider who claims to have thousands of drivers covered by their plan. It was sent in response to the Per Diem Plus tax pros reviewing the plan details and advising the driver per diem program would be classified as a nonaccountable plan that produces over $415,000 of improper employee business expenses, evades over $100,000 of taxes and mischaracterizes over $1.2 million of driver wages.

"Your trucking company is using the lodging option, so your amounts are $59 for meals and $74 for lodging. Meal per diem can be awarded each day, while lodging is limited to 2 days a week. Lodging can be used but it follows some different rules. The daily total is limited to $155 which we stay well under to ensure compliance. Lodging has always been 100% deductible, that's why some people use that option. Both options (meals and incidentals only; meals and incidentals and lodging) are compliant with IRS regulations."

Copied from promotor email


Why the nonaccountable per diem program offered by this promoter serves solely to avoid or evade taxes:

  • The promoters of this per diem program are not licensed attorneys, enrolled agents or CPAs.
  • There are three types of IRS-approved per diem allowances:
    • A single dollar amount that includes lodging, meal and incidental expenses, and
    • A single dollar amount for only meal and incidental expenses
    • A single dollar amount for only incidental expenses
      • The IRS rules prohibit taxpayers from cherry picking per diem rates from varying allowable methods.
  • IRS revenue procedures do not provide rules for using per diem to substantiate the amount of lodging expenses only.
  • The Special Transportation Industry substantiated per diem method introduced in 2000 is exclusively for meals and incidental expenses.
    • Trucker per diem is subject to a 80% deductible limitation
    • All other meal per diem plans are subject to a 50% deductible limitation
    • The trucking company is using the 100% deductibility for lodging to offset the 20% non-deductible portion of meals
  • The trucking company is purportedly using IRS Special Transportation Industry per diem and yet is using a rate from 2015. Trucker per diem rates:
    • $59 until October 1, 2015
    • $63 until October 1, 2022
    • $69 since October 1, 2022
  • Using both Special Transportation Industry & federal per diem violates the double reimbursement or deduction provisions.
  • It is not reasonable for a fleet to anticipate a driver operating a vehicle with a sleeper-cab will incur lodging expenses twice weekly which are paid by the driver from wages.
  • There is not a single US federal appellate Circuit Court or Supreme Court case that has accepted the use of lodging per diem in trucking.
  • Any additional payments for lodging, meals and incidental expenses are treated as paid under a nonaccountable plan, are included in an employee’s gross income and reported as wages on Form W-2.

See IRS Rev. Proc. 2011-47.1, 3.01(1), 4.04 and 6.06; Rev. Proc. 2000-39, 2000-9 Sec. 4.04, Notice 2000-48, IRC 267(b), Tres. Reg. Sec 1.274-5(c)(2)(iii)


Join one of the industry's largest neutral freight marketplaces.
Join one of the industry's largest neutral freight marketplaces

How much tax is being evaded?

The following analysis is based 55 over-the-road drivers working 51 weeks annually, paid a twice-weekly $74 lodging per diem and 20% effective corporate income tax rate:

  • $7,548 annual lodging per diem/driver ($74 x 2 x 51 weeks)
  • $415,140 fraudulent lodging expenses (55 drivers x $7,548)
  • $83,028 corporate income tax ($415,140 x 20%)
  • $31,758 FICA & Medicare tax ($415,140 x 7.65%)

How much income has been mischaracterized as nontaxable per diem?

Under a nonaccountable plan the per diem is included in an employee's gross wages and reported on Form W-2. The following analysis is based 55 over-the-road drivers who travel away from home 255 nights per year

  • $22,593 annual nonaccountable per diem/driver (($59 x 255) + ($74 x 2 x 51))
  • $1,242,615 mischaracterized driver income ($22,593 x 55)

Conclusion

The word salad explanation provided by the per diem solution promotor is reminiscent of listed tax transactions that have the potential for tax avoidance or evasion. Any trucking company that is considering implementing or modifying a driver per diem program needs to carefully review the IRS guidelines. If the tax professional they are using raises questions about the accuracy of the promoters claims, people should listen to their advice.

Have you been approached by one of these "lodging per diem" promoters? Contact us HERE to anonymously tell us about your experience.


Drivers, try Per Diem Plus or Small Fleets absolutely free for 30 days!

PDP Small Fleets requires users to complete the account setup HERE before using the app.


About Per Diem Plus

Per Diem Plus was born over our 30 years of experience as agents and tax practitioners and a relentless pursuit to introduce efficiency to the time-consuming task of tax compliance for truck drivers, fleets and their accounting professionals. The Per Diem Plus® Fleets enterprise platform enables motor carriers to easily implement an IRS-compliant fleet per diem program in hours that is scalable and data plan-friendly. Per Diem Plus was designed, developed and is managed in the USA and is the only IRS-compliant mobile application that provides automatic trucker per diem for solo and team drivers traveling in the United States and Canada. For more information, contact us at info@perdiemplus.com or visit www.perdiemplus.com

About the Author

Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.

In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA



Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.

Copyright 2023 Mark Sullivan Consulting, PLLC; Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

My dog guards the truck while I sleep, can I claim her as a tax deduction?

"Can I use my dog as a tax deduction" is a common questioned posed to tax professionals by long-haul truckers. Every pet owner claims their animal is a member of the family and they are an essential companion for thousands of truckers. The emergence of the "Emotional Support" registration industry reinforces this fact.

  • Prior to 1987 when the IRS first required dependent Social Security Numbers it was not uncommon for taxpayers to claim their pets as dependents.
  • U.S. pet owners spent an estimated $60 billion in 2015 on their animals.

It understandable that taxpayers may want to recoup some of their pet expenses with a creative medical expense tax deduction[i]. To counter the urge to claim Fido as a tax deduction the IRS has promulgated guidance on what type of animals qualify.

Lily Stefek, aka "Walking Carpet"
Lily Stefek, aka "Walking Carpet"

Tax Law Discussion

A review of IRC § 213 is required to answer the question, "Can I use my dog as a tax deduction?". The costs of buying, training, and maintaining a service animal to assist an individual with mental disabilities may qualify as medical care if the taxpayer can establish that the taxpayer is using the service animal primarily for medical care to alleviate a mental defect or illness and that the taxpayer would not have paid the expenses but for the disease or illness.


IRS Chief Counsel Note: A taxpayer who claims that an expense of a peculiarly personal nature is primarily for medical care must establish that fact. The courts have looked toward objective factors to determine whether an otherwise personal expense is for medical care:

  • the taxpayer’s motive or purpose for making the expenditure,
  • whether a physician has diagnosed a medical condition and recommended the item as treatment or mitigation,
  • linkage between the treatment and the illness, treatment effectiveness, and proximity in time to the onset or recurrence of a disease.
  • Havey v. Commissioner, 12 T.C. 409 (1949).
  • The taxpayer also must establish that the expense would not have been paid “but for” the disease or illness.

A personal expense is not deductible as medical care if the taxpayer would have paid the expense even in the absence of a medical condition. Commissioner v. Jacobs, 62 T.C. 813 (1974). [ii]

How Much of the Expenses Can You Deduct?

You can include in medical expenses:

  • the costs of buying, training, and maintaining a guide dog or other service animal
  • to assist a visually impaired or hearing disabled person, or a person with other physical disabilities.

In general, this includes any costs, such as food, grooming, and veterinary care, incurred in maintaining the health and vitality of the service animal so that it may perform its duties.


Introducing Per Diem Plus Small Fleets, an affordable, customizable per diem solution for solo and team operators

2024 Trucker Per Diem Rates Published (September 25, 2023)

Flying With A Service Dog? Here's Everything You Need To Know (Becca Bond, The Points Guy, 9/12/23)

What Is The IRS Definition Of A Service Dog?

IRS Orders Immediate Stop To New Employee Retention Credit Claims (IRS Newswire, 9/14/23)


Where To Claim The Deduction?

Generally, you can deduct on Schedule A, Itemized Deductions (Form 1040) only the amount of your medical and dental expenses that is more than 7.5% of your adjusted gross income (AGI). However, with tax reform drastically increasing the Standard Deduction (2022: $12,950 Single, $25,900 Married) most taxpayers will not have sufficient itemized deductions to warrant pursuing a tax break for their pet expenses.

Example
  • AGI of $50,000
  • You spent $10,000 on service animal expenses
  • 7.5% of $50,000 = $3,750
  • $10,000 - $3,750 = $6,250 deduction for service animal related expenses
  • A business cannot claim a deduction for a guide dog or other service animal

Can You Deduct Expenses For Emotional Support Animals?

No, emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.

"Prior to January 2021, the law allowed emotional support animals to fly with documentation from a medical doctor verifying the animal was necessary for comforting the passenger. ESAs did not have to be trained. But after rampant abuse of the system that included people taking everything from peacocks to snakes to untrained and aggressive dogs on flights, the DOT revised its regulations to allow airlines to ban ESAs from the skies. Although the ultimate decision was left up to the airlines themselves, all major U.S. and Canadian carriers quickly changed their policies to stop non-ESA pets from flying. You can still fly with a small dog (under 25 pounds), but the pup must be in a carrier and you will need to pay the airline pet fee to fly."

Becca Bond, The Points Guy (9/12/23)

Can A Business Deduct The Expenses Associated With A Guard Dog?

Can I use my dog as a tax deduction if it guards my truck? The absence of specific guidance on guard dogs from IRS compels a taxpayer to evaluate the appropriateness of claiming a tax deduction for expenses related to a guard dog used to protect a truck that is constantly on the move as opposed to a drop-yard or terminal. Kay Bell writing for Bankrate.com provided a great analysis,

That “Beware of dog” sign in your business’s window is no idle threat. Break-ins have stopped since you set up a place for your Rottweiler to stay overnight. In this case, the IRS would likely be amenable to business deduction claims of the animal’s work-related expenses.
Standard business deduction rules still apply, notably that the cost of keeping an animal on work premises is ordinary and necessary in your line of business. Once you show that, the dollars spent each year keeping your pooch in good guard condition — food, vet bills and training — would be deductible as a business expense.
As with all deductions, be prepared to provide full and accurate records of your animal’s hours on the job. You’ll also find your tax claim more acceptable when you demonstrate how the animal protects your livelihood inventory. In addition, as is often the case with business property, the dog must be depreciated, a way of allocating its cost over its useful life for IRS purposes.


Keep in mind, too, that your claims carry more weight when your pet is a breed that’s typically used for such jobs. So even though your Chihuahua has a loud bark, your tax claim is more credible if your guard dog is a German shepherd, Doberman pinscher or a similar imposing breed”.[iv]

Conclusion

Can I use my dog as a tax deduction? Maybe. Every pet owner claims their animal is a member of the family and an essential companion for thousands of long-haul truckers. The IRS disagrees. It understandable that taxpayers may want to recoup some of their pet expenses with a tax deduction, but with the overall value of the deduction is limited due to the 7.5% of AGI offsetting most expenses. Furthermore, extensive rules have been promulgated to insure only qualifying animal expenses can be deducted and taxpayers risk the wrath of the IRS if they get too creative interpreting those regulations.


Need assistance resolving a tax controversy issue? Contact Mark W. Sullivan, EA or request a free consultation HERE


Drivers, try Per Diem Plus absolutely free for 30 days!


About Per Diem Plus

Per Diem Plus was born over our 30 years of experience as agents and tax practitioners and a relentless pursuit to introduce efficiency to the time-consuming task of tax compliance for truck drivers, fleets and their accounting professionals. The Per Diem Plus® Fleets enterprise platform enables motor carriers to easily implement an IRS-compliant fleet per diem program in hours that is scalable and data plan-friendly. Per Diem Plus was designed, developed and is managed in the USA and is the only IRS-compliant mobile application that provides automatic trucker per diem for solo and team drivers traveling in the United States and Canada. For more information, contact us at info@perdiemplus.com or visit www.perdiemplus.com

About the Author

Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.

In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA



Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.

Copyright 2022-2023 Mark Sullivan Consulting, PLLC; Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

[i] 2014 American Pet Producers Association market study

[ii]https://www.irs.gov/pub/irs-wd/10-0129.pdf

[iii]https://www.irs.gov/pub/irs-pdf/p502.pdf

[iv]https://www.bankrate.com/finance/taxes/tax-write-offs-for-pet-owners-1.aspx#slide=3

Taking payments for a side hustle via PayPal or Venmo?

According to recent article in the New York Post by Glenn Reynolds a recent tweet says it all.

“Sam Bankman-Fried: I don’t know where $10 billion went. The Pentagon: We don’t know where $2.2 trillion went. The IRS: You just received $601.37 on Venmo don’t forget to report it.”

Per Diem Plus introduces a weekly tax blog series for the 2023 tax filing season written and hosted by our tax expert, Mark W. Sullivan, EA. The posts are dedicated to simply explaining complex tax and emerging issues to help drivers minimize their income taxes.


About Per Diem Plus

Per Diem Plus is a proprietary mobile software application that was designed by truckers and built by tax pros. It is the only IRS-compliant mobile app for iOS and Android that automatically tracks each qualifying day of travel in the USA & Canada and replaces ELD backups (logbooks) to substantiate away-from-home travel.

About the Author

Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.

In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA



Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.

Copyright 2022 Mark Sullivan Consulting, PLLC; Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

The ability of Per Diem Plus to calculate 8,892 partial per diem days yielded one customer $460,000 of additional per diem

Per Diem Plus API

Beware: How Inadequate Per Diem Solutions Can Rob You Of Savings

Beware: How inadequate per diem solutions can rob you of savings. A recent New York Post article acutely observed that the Producer Price Index, the most useful measure of general inflation, was up a whopping 16.3% from April 2021, per the Bureau of Labor Statistics. That means that roughly $1 out of every $6 that people earn has been lost to inflation in a single year. Or to put it another way, 80 minutes’ earnings out of every eight-hour day have been eaten up.1 Motor carriers that figure out how to best navigate sky-high inflation and a shrinking U.S. labor force while recruiting and retaining drivers will have a market advantage over lesser fleets when inflation decreases. The keywords: Recruiting and retention.

Introducing a fleet-sponsored driver per diem program, coupled with temporary 100% deduction for per diem in 2022, will immediately reduce a motor carrier's expenses, enhance recruiting and retention and increase driver take-home pay. Per Diem Plus® customers can implement in minutes our IRS-compliant telematics-based substantiated per diem solution, which automates trucker per diem tracking for solo and teams traveling in the USA and Canada. The Per Diem Plus API and mobile apps include the unique ability to calculate full and qualifying partial per diem days, which can substantially increase the tax savings for both fleets and drivers2.

Analyzing real-world fleet per diem data is the best method for quantifying this exceptional feature to project the financial benefit partial per diem days have for both the fleet and drivers.

Example 1

Based on an automated weekly fleet per diem report, 129 or 36% of 354 drivers enrolled in Per Diem Plus Fleets received at least 1 partial per diem for the week. The results:

  • 8,580 partial per diem days increased annual driver per diem by $444,015 
  • The fleet realized an additional $33,301 in payroll tax savings from partial per diem…which only PDP can do!
  • Married and single drivers saved an additional $240 and $312 respectively in federal income taxes
  • Overall annual tax savings to fleet of $476,490

Example 2

A motor carrier that offers a $0.11/mile per diem is evaluating switching to a substantiated per diem program using the free trial of Per Diem Plus for Samsara. Based on an automated weekly beta test fleet report, 30 of 100 drivers enrolled in Per Diem Plus Fleets received at least 1 partial per diem for the week. The results:

  • 1,716 partial per diem days increased annual driver per diem by $88,764
  • The fleet realized an additional $6,730 in payroll tax savings from partial per diem…which only PDP can do!
  • Married and single drivers saved an additional $205 and $267 respectively in federal income taxes
  • Overall annual tax savings to fleet of $134,602 or $27,311 more than a cent-per-mile program


Trucker Per Diem Overview

What is the IRS special trucker per diem rate?
  • $69/day for travel in the US
  • $74/day for travel in Canada
What is partial per diem?
  • Generally, a driver departs their tax home AFTER noon or returns to their tax home BEFORE noon is entitled to partial per diem3
  • A truck driving trip lasting less than 12 hours [IRS day is 12:01 - Midnight]
  • Partial per diem rate USA $51.75, Canada $55.50
Which employee drivers qualify for per diem?
  • Subject to DOT HOS,
  • Who travel away from home overnight where sleep or rest is required, and
  • Do not start and end a trip at home on the same DOT HOS 14-hour workday
What documentation is required to substantiate driver per diem?

A motor carrier must substantiate the “time, date, and place” for each day of travel.  Here is how the IRS-friendly Per Diem Plus FLEETS web services portal output report handles this requirement:

The Fleets platform is the superior alternative to inadequate per diem solutions that rob you of savings
Trip Summary lists all per diem for the current trip
Read Intercity Lines Case Study

Use our Fleet Per Diem Benefit Calculator to learn how much your fleet can save with Per Diem Plus Fleets.

About Per Diem Plus

Per Diem Plus was born over our 25 years of experience as agents and tax practitioners and a relentless pursuit to introduce efficiency to the time-consuming task of tax compliance for truck drivers, fleets and their accounting professionals. The Per Diem Plus® FLEETS mobile application platform enables motor carriers to easily implement an IRS-compliant fleet per diem program in hours that is scalable and data plan-friendly. Per Diem Plus was designed, developed and is managed in the USA and is the only IRS-compliant mobile application that provides automatic trucker per diem for solo and team drivers traveling in the United States and Canada. For more information, contact us at info@perdiemplus.com or visit www.perdiemplus.com

No matter how big or small your company is, Per Diem Plus has a cost-effective solution for you.

About the Author

Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.

In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA


1 - Glenn H. Reynolds, "Why team Biden might be purposely grinding down the middle class", New York Post, May 26, 2022

2 - IRS Rev. Proc. 2011-47 6.04

3 - IRS Rev. Proc. 2011-47 6.04.2

Copyright 2017-2022 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

Designed by drivers, built by tax pros

Patriot Transport and 3D Corporate Solutions is the leading manufacturer of protein ingredients used to make premium pet food
Cute little girl lying on her friendly purebred pet while both relaxing on the floor

Patriot Transport selects Per Diem Plus Fleets

Patriot Transport selects Per Diem Plus Fleets. The Arkansas-based specialty bulk hauler implemented the Fleets mobile app for Android and iOS to enhance recruiting and retention and raise driver pay for its OTR fleet.


“The Per Diem Plus Fleets implementation was seamless and smooth. Their automated per diem tax compliance solution enabled  Patriot staff to avoid the increased administrative burdens commonly associated with traditional trucker per diem programs ”

April Stobbs, HR Manager

About:

Patriot Transport and 3D Corporate Solutions were founded in 2002 as a marketer and logistics provider sourcing specialty, value-added pet food ingredients.  Today, they are the leading manufacturer of protein ingredients used to make premium pet food. 3D has earned a reputation as the go-to source for high quality and differentiated ingredients separate themselves from competitors through a portfolio of specialty proteins, specialty flavors, and premium and specialty fats. They operate six manufacturing facilities across the Midwest and Southeast, each with world-class manufacturing capabilities. 

What Customer Needed:

  • An IRS-compliant mobile application platform solution that would allow for rapid deployment with minimal investment in dollars and IT resources.
  • A mobile app that would be easy-to-use for non-technical users.
  • Scalable,  secure, cloud-based solution to meet the growing needs of their fleet.
  • Automated administration of a company-paid accountable per diem program.

Per Diem Results:

The driver per diem program was introduced in 2021. In order to distinguish itself in the industry Patriot adopted a per diem program that does not reclassify a portion of wages as per diem, which has been standard industry practice for over 30 years.

  • Driver participation rate: 100%
  • Driver turnover rate: 25% reduction
  • Annual driver tax-free benefit: $12,750 average

According to April Stobbs, HR Manager at Patriot Transport, “Drivers rave about the $12,750 or so of tax-free per diem they receive annually that has resulted in 100% participation of qualifying drivers. This especially true of veteran drivers who previously received per diem at other motor carriers that utilized the traditional trucker per diem methods. Meanwhile the feedback from drivers about the Per Diem Plus Support team can be summed up as simply amazing.”

Per Diem Plus has multiple per diem solutions regardless of what ELD you use to track Hours of Service, like their mobile app and API, while others offer a single solution with one partner. This was a significant factor in our choosing Per Diem Plus as it allows Patriot flexibility to switch ELD solution providers without affecting our per diem program should the need arise. They have a great team and allow you to have a trusted partner to handle all your per diems needs” said Stobbs.


Are you a driver who wants to learn more about Patriot Transport?

Apply at patriottransport.com or Contact April Stobbs at (417) 354-0509 or astobbs@3dsolutions.com


The carrier will be able to increase driver pay AND reduce turnover through implementing Per Diem Plus Fleets.

Use our Fleet Per Diem Benefit Calculator to learn how much your fleet can save with Per Diem Plus Fleets.


Get in touch with the experts at Per Diem Plus today to discuss a smooth rollout for your system.

Per Diem Plus FLEETS is a configurable mobile application enterprise platform that automates administration of an IRS-compliant accountable per diem plan for truck drivers and fleets managers. No matter how big or small your company is, Per Diem Plus has a solution for you.


Related articles

Use Per Diem to Raise Trucker Pay to Attract New Drivers

Implementing Per Diem Plus® FLEETS into Your Fleet to Ensure a Smooth Rollout

Raise Driver Take-Home Pay with Per Diem


Questions? Contact us at info@perdiemplus.com

About Per Diem Plus

Per Diem Plus was born over our 30 years of individual experience as agents and tax practitioners and a relentless pursuit to introduce efficiency to the time-consuming task of transportation industry tax compliance. The Per Diem Plus® FLEETS platform enables motor carriers to easily implement an IRS-compliant fleet per diem program in hours that is scalable and data plan-friendly. Per Diem Plus was designed, developed and is managed in the USA. It is the only IRS-compliant mobile-enabled application that provides automatic trucker per diem for solo and team drivers traveling in the United States and Canada. For more information, contact us at info@perdiemplus.com or visit www.perdiemplus.com

Copyright 2022 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

Designed by drivers, built by tax pros

Driver per diem report and trip summary
PDP Fleets Driver Report

Is trucker per diem a wage reclassification?

No. The treatment of per diem as a portion of an employee’s wages is not considered an improper “wage reclassification”. The IRS first introduced per day allowances in Revenue Procedure 90-60 as a simplified method of substantiating employee business expenses. However, the first published guidance for the transportation industry was TAM 9146003 issued in 1991. According to the IRS:

  • A driver's weekly compensation,
  • Earned on a cents-per-mile basis,
  • May be reduced by specific amounts designated as per diem for meals and incidental expenses for each day away from home overnight (i.e. $66/day).
  • Is not considered a wage reclassification

What is the special transportation industry per diem?

The Special Transportation Industry substantiated method was introduced in 2000 to ease the burden on taxpayers, who would otherwise have to meet the extensive substantiation requirements in order to claim deductions for business related travel [See Rev. Proc. 2000-39, 2000-9 Sec. 4.04, Notice 2000-48], which among other things:

  • Established a method allowing a payor to treat a specific amount as paid or incurred for employee meals while traveling away from home for work instead of substantiating actual costs (no receipts required).
  • Set $40 as the nationwide federal meals and incidental expenses (M&IE) rate for transportation employees subject to DOT hours of service. [Increased to $66 in 2018 & $69 in 2022] [i]
  • Increased the tax-deductible percentage of employee travel expenses to 60%. [Raised to 80% in 2008] [ii]
  • Approved as a transportation industry standard prior to December 12, 1989 the treatment of a portion of a driver’s wages as per diem. [iii]
  • Required a fleet using the cent-per-mile method to include a process that;
    • tracks the amount of cents-per-mile M&IE allowance paid to a driver on a per diem basis,
    • includes a mechanism to determine when allowances exceed the amount of expenses that may be deemed substantiated, and
    • treat the excess allowance over $40 per day as wages for withholding or employment tax purposes. [Increased to $66 in 2018 & $69 in 2022][iv]
  • Established that all amounts paid under a expense reimbursement arrangement that meets the requirements of business connection, substantiation, and returning amounts in excess of expenses are treated as paid under an accountable plan and are excluded from income and wages.

The Internal Revenue Code gives the IRS Commissioner discretionary authority to issue regulations, such as revenue rulings and procedures. The Revenue Procedures and Notices are updated annually and the relevant per diem provisions have remained substantially the same since 2011 [See Rev. Proc. 2011-47 ].


Biden's IRS Is Coming For Your PayPal & Venmo Payments

IRS Issues 2024 Trucker Per Diem Rates (9/25/23)


What is a substantiated per diem program?

A substantiated per diem program reimburses drivers a fixed amount per day (i.e. $66) in place of a rate per mile for travel away from home. As a result, it eliminates the need for drivers to turn in receipts for actual meals and incidental expenses. Most importantly, it reduces a fleets administratives burden while providing additional cash to drivers on a pre-tax basis. However, companies must have an accountable plan to qualify, which would include these requirements [See KMS Transport Advisors (NAFC March 2019 newsletter]:

  • The travel must have a business purpose
  • There should be logs showing that you adequately account for the eligible amount within a reasonable period of time
  • The amount should be tested regularly to ensure that drivers are not exceeding the allowable amount
  • Employees must return any excess reimbursement or allowance within a reasonable period of time or treat the overage as compensation
  • Drivers receiving the per diem must be over the road, meaning out overnight, where they cannot reasonably be expected to complete a route without sufficient rest

Do any well-known fleets use the special trucker per diem method?

Well-known motor carriers that utilize the substantiated method include Averitt Express, EPES Transport System, TMC Transportation, G&P Trucking, Transport America and Big G Express, Danny Herman Trucking and Oakley Transport.

What documentation meets the IRS substantiation requirements?

Only Per Diem Plus FLEETS platform or DOT ELD backups with an itemized log listing "time, date & place" for each per diem event meet the IRS substantiation requirements.

PDP Fleets "time, date & place" substantiation

Conclusion

Thirty years of IRS guidance and legislative history specifically reference an employer paying a driver in the transportation industry under the substantiated method and, therefore, contemplate that some portion of a driver’s wages will be treated as per diem. While, both the substantiated and cent-per-mile per diem methods are IRS-compliant, neither method has been considered an improper wage reclassification for over 30 years. However, a motor carrier that adopts the substantiated per diem method that is built into Per Diem Plus FLEETS will realize the most benefit for both the fleet and their drivers.


Get in touch with the experts at Per Diem Plus today to discuss a smooth rollout for your system.


About Per Diem Plus FLEETS

Per Diem Plus FLEETS is a proprietary mobile software application that was designed by truckers and built by tax pros. It is the only IRS-compliant mobile app for iOS and Android that automatically tracks each qualifying day of travel in the USA & Canada and replaces ELD backups (logbooks) to substantiate away-from-home travel.

About the Author

Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.

In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA


Copyright 2020-2022 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

Disclaimer: This article is for information purposes only and cannot be cited as precedence or relied upon in a tax dispute before the IRS. Additional information can be found at IRS.gov


[i] The 2019 per diem rate for travel in the USA is $66 and $49.50 for a partial day.

ii] The raised the deductible percentage of employee travel related expenses to 80% in 2008

iii] Federal Register-1989-12-12 Vol 54 Page 51038 pursuant to “Family Support Act of 1988”

[iv] Rev. Ruling 2006-56, 2006-2 CB 274

[i] Updated annually IRS Notice 2019-55, 2018-77, 2017-54, 2016-58, 2015-63, 2014-57, 2013-65, 2012-63, Rev. Proc. 2011-47, 2010-39, 2009-47, 2008-59, 2007-63, 2006-41, 2005-67, 2004-60, 2003-80, 2002-63 and 2001-47.

Designed by drivers, built by tax pros

Period-Specific Fleet Report

Is trucker per diem an improper wage reclassification?

Is trucker per diem an improper wage reclassification? No, the treatment of a portion of an employee’s wages as per diem has been unique to the transportation industry for over 30 years and is not considered an improper “wage reclassification”.

The IRS first introduced per diem (per day) allowances in Revenue Procedure 90-60 - a simplified method of substantiating employee business expenses - in accordance with the Family Support Act of 1988.  The first published guidance for the transportation industry was issued in 1991 where, according to the IRS, a driver's weekly compensation earned on a cents-per-mile basis may be reclassified by amounts designated as per diem (i.e. $66/day) for meals and incidental expenses after determining how many days a driver was away from home overnight [TAM 9146003].


Related Article: Part II: Is Trucker Per Diem An Improper Wager Reclassification

IRS Issues 2024 Trucker Per Diem Rates (9/25/23)


Is there a special per diem for the transportation industry?

Yes. The IRS introduced the Special Transportation Industry substantiated per diem method 20 years ago in Rev. Proc. 2000-39, 2000-9 Sec. 4.04 [Notice 2000-48], which among other things:

  • Established a method allowing a payor to treat a specific amount as paid or incurred for employee meals while traveling away from home for work instead of substantiating actual costs (no receipts required).
  • Allowed self-employed and employee drivers [claiming per diem as an itemized deduction] to use substantiated method.
  • Set $40 as the nationwide federal meals and incidental expenses (M&IE) rate for transportation employees subject to DOT hours of service. [Increased to $66 in 2018] [i]
  • Increased the tax-deductible percentage of employee travel expenses to 60%. [Raised to 80% in 2008] [ii]
  • Approved as a transportation industry standard prior to December 12, 1989 the treatment of a portion of a driver’s wages as per diem. [iii]
  • Required a fleet using the cent-per-mile method to include a process that;
    • tracks the amount of cents-per-mile M&IE allowance paid to a driver on a per diem basis,
    • includes a mechanism to determine when allowances exceed the amount of expenses that may be deemed substantiated, and
    • treat the excess allowance over $40 per day as wages for withholding or employment tax purposes. [Increased to $66 in 2018][iv]
  • Established that all amounts paid under a per diem arrangement that meets the requirements of business connection, substantiation, and returning amounts in excess of expenses are treated as paid under an accountable plan and are excluded from income and wages.
  • Well-known motor carriers that utilize substantiated per diem include Averitt Express, TMC Transportation, Transport America, Big G Express, Oakley Transport, Danny Herman Trucking and EPES Transport System.

Stay In The Know: Biden's IRS Is Coming For Your PayPal & Venmo Payments


When did wage reclassification become a concern in trucking?

The 2017 Tax Cuts and Jobs Act eliminated per diem as an itemized deduction on drivers individual income tax returns. As a result, interest from employees in company-sponsored per diem plans swelled as drivers sought to offset the lost deduction [about $19,000 for an average OTR driver]. Since, drivers were prohibited from using the decades-old industry standard cent-per-mile per diem method, motor carriers embraced the parity to drivers substantiated per diem provided.

Unfortunately, they discovered the IRS never published a basic instructions for implementing a substantiated per diem program or payroll process for reclassifying a portion of wages to daily rate per diem. In fact, the last comprehensive guidance issued by IRS on substantiated per diem method was Rev. Proc. 2011-47, however, it was silent on wage reclassification for per diem. So too was the last relevant court case, Beech Trucking, Inc. v. IRS (USTC 2002). The only published guidance that referenced "wage recharacterization" could be found in the Rev. Rul. 2012-25.

Why did IRS issue Revenue Ruling 2012-25?

IRS issued Rev. Rul. 2012-25 in response to an emerging audit trend whereby businesses that did not historically offer per diem were implementing abusive per diem plans that recharacterized taxable wages as nontaxable reimbursements or allowances. Although unrelated to trucking the tax practitioner community, and especially those that offered cent-per-mile per diem audit services, elevated the ruling to misplaced prominence.

Is Revenue Ruling 2012-15 applicable to trucking?

No. Based on the foregoing Rev. Rul. 2012-25 is inapplicable to transportation industry:

  • In 1991 IRS ruled in technical advice (TAM 9146003) that, "for purposes of FICA, FUTA and income tax withholding, a driver's weekly compensation may be reduced by amounts designated as a per diem allowance for meals and incidental expenses."
  • A revenue ruling is the conclusion of the Service on how the law is applied to a specific set of facts. (Kristin Hickman, IRB Guidance: The No Man's Land of Tax Code Interpretation, 2009 MICH. ST. L. REV. 239 (2009)).
  • The facts articulated herein do not parallel the transportation industry in application or practice.
    • Motor carriers commonly vary compensation based on driver type - line-haul, regional and local - with drivers who travel away from home overnight being paid more than local drivers who sleep at home nightly.
  • In three of the four situations listed in the revenue ruling the employer failed to fulfill the basic business connection requirement of the regulations.
    • A line-haul driver subject to DOT HOS who travels away from home overnight does so exclusively for work.

Specific facts - the devil is in the details!

  1. Cable TV contractor offered a tool reimbursement that reduced hourly compensation that was offset with an hourly tool rate. Once a technician had received tool plan payments for the total amount of his or her tool and equipment expenses, the employer ceased paying the technician an hourly tool rate and increased the technician’s hourly compensation to the pre-tool plan hourly compensation rate.
  2. Nurse staffing contractor compensated all of the nurses on an hourly basis and the hourly compensation amount did not vary depending on whether the hospital was located away from the assigned nurse’s tax home. The employer treated a portion of the nurses’ hourly compensation as a nontaxable per diem allowance only when hospitals assignments required them to travel away from their tax home. This situation is like that in Beech Trucking where the company paid per diem to both over-the-road and short haul truck drivers who returned home nightly.
  3. Construction company’s workers were required to travel between construction sites or otherwise use their personal vehicles for business purposes. The employer paid all of its workers, including those who were not required to travel or otherwise use their personal vehicles for employer’s business, a flat amount per pay period that was treated as a nontaxable mileage reimbursement.
  4. Cleaning services company that employed cleaning professionals that provided their own cleaning supplies to perform house cleaning services. The employer properly adjusted hourly compensation and reimbursed employees only for substantiated clean supply expenses.

Why did these employer's run afoul of the IRS?

The employer’s cited in 2012-25 failed to fulfill the business connection requirement of the regulations because they took liberties with IRS published guidance and ignored the limitations set forth in Rev. Proc. 2011-47 Section 3.03(2) which states in part, “An allowance that is computed on a basis similar to that used in computing an employee's wages or other compensation does not meet the business connection requirement unless, as of December 12, 1989, (a) the allowance was identified by the payor either by making a separate payment or by specifically identifying the amount of the allowance, or (b) an allowance computed on that basis was commonly used in the industry in which the employee performed services.” Furthermore, neither cable contractors, nurses, construction workers or house cleaners enjoy industry-specific rules prescribed by the IRS Commissioner like those covering the transportation industry introduced in Rev. Proc. 2000-9 Section 4.04 that established the Special Transportation Industry per diem[i].

Trucker Per Diem Examples

1. A truck driver employee travels away from home on business for 24 days during a calendar month. A payor pays him the $66 special trucking daily allowance for meal and incidental expenses only. The amount deemed substantiated is the total per diem allowance paid for the month or $1,584 (24 days away from home at $66 per day). The employer treats $1,584 as a pre-tax deduction; calculated withholdings; adds per diem to payroll as a non-taxable reimbursement.

2. A truck driver is paid 45 cents-per-mile. The employer classifies 10 cents-per-mile to a per diem allowance based on the number of miles driven. He travels away from home for 24 days but only drives for 20. Driver’s employer pays an allowance of $1,000 for the month based on 2500 miles per week. The amount deemed substantiated is the full $1,000 because that amount does not exceed $1,584 (24 days away from home at $66 per day). The employer calculates taxable wages at 35 cents-per-mile and per diem at 10 cents-per-mile as a non-taxable reimbursement.

Which per diem method provides the biggest benefit to drivers?

Although, a driver may travel 600 miles one day but only 100 miles the next, the distance traveled does not affect the need to eat 3 meals a day. As a result, substantiated per diem accurately reflects the definition of per diem in Rev. Proc. 2011-47 section 3.01: "Paid for ordinary and necessary business expenses the payor reasonably anticipates will be incurred, by an employee for meal and incidental expenses, for travel away from home performing services as an employee of the employer." Thus, the IRS introduced the Special Transportation Industry substantiated per diem to enhance and simplify tax compliance for fleets by relying on nights away from home instead of miles traveled.

The most beneficial aspect to a driver is that:

  • Substantiated method yields on average 45% more per diem than cent-per-mile.
  • Substantiated per diem can be earned during a 34-hour restart and unforeseen delays like detention, breakdowns, or weather.
  • The average driver will save an additional $1,126 - $1,467 in income and payroll taxes over cent-per-mile.

How often does IRS revise the per diem rules?

The Internal Revenue Code gives the IRS Commissioner discretionary authority to issue regulations, such as revenue rulings and procedures, to ease the burden on taxpayers, who would otherwise have to meet the extensive substantiation requirements in order to claim deductions for business related travel. The Commissioner updates these Revenue Procedures annually, but the relevant per diem provisions have remained substantially the same since 2011.

Conclusion

Thirty years of IRS guidance and legislative history specifically reference an employer paying a driver in the transportation industry under the substantiated method and, therefore, contemplate that some portion of a driver’s wages will be treated as per diem. While, both the substantiated and cent-per-mile per diem methods are IRS-compliant, neither method has been considered a wage reclassification for over 30 years. However, a motor carrier that adopts the substantiated per diem method that is built into Per Diem Plus FLEETS will realize the most benefit for both the fleet and their drivers.

Get in touch with the experts at Per Diem Plus today to discuss a smooth rollout for your system.

Per Diem Plus FLEETS is a configurable mobile application enterprise platform that automates administration of an IRS-compliant accountable per diem plan for truck drivers and fleets managers. No matter how big or small your company is, Per Diem Plus has a solution for you.


About Per Diem Plus FLEETS

Per Diem Plus FLEETS is a proprietary mobile software application that was designed by truckers and built by tax pros. It is the only IRS-compliant mobile enabled solution that automatically tracks each qualifying day of travel in the USA & Canada for solo and team drivers and replaces ELD backups (logbooks) to substantiate away-from-home travel.

About the Author

Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.

In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA


Copyright 2020-2022 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®


Disclaimer: This article is for information purposes only and cannot be cited as precedence or relied upon in a tax dispute before the IRS.

[i] The 2019 per diem rate for travel in the USA is $66 and $49.50 for a partial day.

ii] The IRS raised the deductible percentage of employee travel related expenses to 80% in 2008

iii] Federal Register-1989-12-12 Vol 54 Page 51038 pursuant to “Family Support Act of 1988”

[iv] Rev. Ruling 2006-56, 2006-2 CB 274

[i] Updated annually IRS Notice 2019-55, 2018-77, 2017-54, 2016-58, 2015-63, 2014-57, 2013-65, 2012-63, Rev. Proc. 2011-47, 2010-39, 2009-47, 2008-59, 2007-63, 2006-41, 2005-67, 2004-60, 2003-80, 2002-63 and 2001-47.


Trucker per diem rules simply explained

In this article we attempt to clear up the confusion on the rules governing truck driver per diem.

What is per diem? Trucker per diem is a per day travel expense allowance. Eliminates the need for proving actual costs for meals & incidental expenses incurred.

Do I have to spend all the per diem?
No. This is the maximum amount the IRS will let you claim on your tax return.

Who can claim trucker per diem?
Self-employed truckers who are subject to DOT HOS and who travel away from home overnight where sleep or rest is required. The Per Diem Plus mobile app software takes the guesswork out of tracking trucker per diem for OTR truckers.

  • As of January 1, 2018 employee (company) drivers can no longer claim per diem on their Form 1040, US Income Tax Return, as an itemized deduction on Schedule A.

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Can all truck drivers receive per diem?
No. Drivers who start and end a trip at home on the same DOT HOS 14-hour work day cannot claim per diem.

What qualifies as a tax home?
Where you park your truck. Your regular place of business, or home in a real and substantial sense.

If I live in my truck, can I claim per diem?
No. A taxpayer who’s constantly in motion is a "tax turtle," or someone with no fixed residence who carries their “home” with them.

Are truck drivers allowed to claim a mileage allowance per diem?
Only fleets can use a cents-per-mile per diem.  IRS’ standard mileage allowance is for use of a personal vehicle.

Can a driver claim per diem for lodging?
No. Trucker per diem is exclusively for meals and incidental expenses. You must have a receipt for all lodging expenses. A self-employed driver falls under the related party rules of IRC 267(b) & Rev. Proc 2011-47.6.07 and, therefore, cannot use per diem substantiation that includes a meals and lodging per diem.

User Alert

Have you noticed Per Diem Plus is suddenly not tracking your trips? The likely cause is the location services settings have been changed on your device after software update by Apple or Google. This is an easy issue to fix.

iPhone

  • Open Settings>Privacy>Verify Location Services are ON
  • Select Location Services>Per Diem Plus / Per Diem Plus Fleets
  • Set to "Always Allow"

Android

  • Open Settings>Privacy>Permission Manager
  • Select Location>Per Diem Plus / Per Diem Plus Fleets
  • Set to "Allow all the time"

Motorola Devices

  • Swipe UP on your device home screen to view your app icons
  • Select Settings>Security & Location
  • Select Location>App-Level Permissions
  • Select Per Diem Plus>"Allow all the time"

Per Diem Plus Fleets Mobile App for Android & iOS

IRS per diem substantiation requirements

What documentation meets the IRS substantiation requirements to prove overnight travel and expense?
Only Per Diem Plus or DOT ELD backups with an itemized log listing "time, date & place" for each per diem event. Unlike ELD backups, Per Diem Plus a can create an IRS-compliant itemized per diem report in seconds.

Company-paid per diem

Can motor carriers pay per diem to employee drivers? 

Yes. A motor carrier can offer per diem to drivers subject to DOT HOS and who travel away from home overnight where sleep or rest is required under an accountable per diem plan.

Is company-paid per diem taxable as income to an employee driver under an accountable fleet per diem plan?

No. Per diem is classified as a non-taxable reimbursement to an employee driver.

2023/2024 Trucker per diem rates

What are the current per diem rates for travel in USA & Canada?
The per diem rates for 2023 & 2024 are:

  • $69 for travel in the USA
  • $74 for travel in Canada

(IRS released annual update on September 25, 2023 in Notice 2023-68)

Can a driver prorate per diem for partial days of travel?
Yes. A partial day is 75% of the per diem rate.

  • Partial per diem rate USA $51.75, Canada $55.50
  • Per Diem Plus will record 3/4 per diem when a driver departs their tax home AFTER noon or returns to their tax home BEFORE noon.

How much per diem can I deduct on my income tax return?
A self-employed trucker can deduct 80% of per diem (100% for tax years 2021 & 2022) on their tax return.

  • Use Schedule C, Profit / Loss From Business, or
  • Form 1120S - Line 19 "Other Deductions"

Incidental expenses

What are Incidental Expenses?
Only fees and tips.

Are showers & parking fees incidental expenses?
No. Self-employed drivers may separately deduct expenses for: Per Diem Plus subscription, showers, reserved parking fees, mailing expenses, supplies and laundry.

Can employee drivers deduct company-paid per diem on their tax return?
No.

Documenting other travel-related expenses

What documentation is required to prove other expenses?
Paper or electronic receipts that identify what, when and the amount are required. You can upload and store receipts on the Per Diem Plus app and share them electronically with your tax preparer in seconds. 

How long should tax records be retained?
No less than 3 years from the filing date of an income tax return.  You have access to your Per Diem Plus tax records for four years.

What published guidance has the IRS issued that explains trucker per diem?

Refer to IRS Revenue Procedure 2011-47 or use the Per Diem Plus app that takes the guesswork out of tax-related record keeping. 


Drivers, try Per Diem Plus absolutely free for 30 days!

PDP Small Fleets requires users to complete the account setup HERE before using the app.


Per Diem Plus Software Platform

  • ELD-Integrated: Per Diem Plus API for Samsara
  • Native Android & iOS Mobile Apps: Per Diem Plus - Owner Operators and Per Diem Plus Small Fleets
  • Deep Link for Platform Science and Transflo Mobile
  • APK to distribute via MDM

Per Diem Plus Fleets is also available on the Truckstop Marketplace, Samsara App Marketplace and Platform Science Marketplace

About Per Diem Plus

Per Diem Plus was born over our 30 years of experience as agents and tax practitioners and a relentless pursuit to introduce efficiency to the time-consuming task of tax compliance for truck drivers, fleets and their accounting professionals. The Per Diem Plus® Fleets enterprise platform enables motor carriers to easily implement an IRS-compliant fleet per diem program in hours that is scalable and data plan-friendly. Per Diem Plus was designed, developed and is managed in the USA and is the only IRS-compliant mobile application that provides automatic trucker per diem for solo and team drivers traveling in the United States and Canada. For more information, contact us at info@perdiemplus.com or visit www.perdiemplus.com

About the Author

Mark is tax counsel for Per Diem Plus. With nearly two decades of experience advising trucking companies on per diem issues, Mark was responsible for defining the Per Diem Plus software logic rules that automatically calculates trucker per diem in accordance with IRS regulations. He also previously served as the consulting per diem tax expert for Omnitracs.

In addition to his time working with Per Diem Plus, Mark works in private practice as an Enrolled Agent at Mark Sullivan Consulting, PLLC specializing in federal tax controversy representation and consulting. He also served as the consulting and expert witness for the Federal Defenders Office and private defense counsel in financial crimes cases in multiple federal district courts. Contact Mark W. Sullivan, EA

Copyright 2017-2023 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

Lending money to loved ones can be tricky. To avoid potential pitfalls and protect your relationships, treat the loan like a professional financial agreement. Here's a structured approach to make the process smoother:

Zeus


Make It Official

Treat the loan as a formal agreement. Outline clear terms, including interest rates, payment schedules, and actions to be taken in case of default. A signed contract, possibly drafted by an attorney, ensures both parties understand their responsibilities.

  • Do Your Due Diligence

Ask for a full credit report from the borrower. Understanding their financial situation helps you evaluate their ability to repay. This also helps avoid lending to someone who may be seeking a temporary fix without addressing deeper financial issues.

  • Set a Fair Interest Rate

Familiarize yourself with Applicable Federal Rates (AFRs) to set a fair interest rate. Charging less than the AFR could have tax implications. The IRS updates these rates monthly, so stay informed and document everything for audit purposes.

  • Establish a Repayment Plan

Work with the borrower to create a realistic budget that includes repayment terms. Detail how much is owed, the frequency of payments, payment methods, and any grace periods. For borrowers with spending issues, consider adding a requirement for financial therapy to the agreement.

  • Include Incentives

Offer incentives to encourage timely payments. These could be financial, like forgiving the last few payments if the borrower is consistent, or nonfinancial, such as a special outing if the loan is repaid early.

  • Know When to Say No

If the borrower refuses to agree to your terms, or if you can't afford to lose the money, it’s okay to say no. Lending to someone without a plan for financial recovery can put both of you in a vulnerable position.

Following this framework helps protect both the lender and borrower while offering a responsible path to financial recovery.

Per Diem Plus is a Truckstop marketplace partner
Try Truckstop Load Board Pro Free For One Month

At Mark Sullivan Consulting, we understand the complexities of lending money to friends and family. With years of experience navigating financial agreements and tax implications, we can help you structure a loan that protects your interests while maintaining your personal relationships. Whether it's drafting formal agreements, advising on interest rates, or providing tax guidance, our expert advisory services will ensure you make informed, secure decisions. Reach out today to get professional advice tailored to your unique situation and safeguard your financial future.


Do you need assistance with tax analysis and consulting? Request a free consultation HERE with Mark W. Sullivan, EA

About the author

Mark W. Sullivan, EA founded Sullivan Consulting in 1998 in St. Louis, MO and relocated to Scottsdale, AZ in 2020. He specializes in federal tax controversy representation, appeals and consulting on behalf of individuals, businesses, law, and accounting firms nationwide. In addition, he has served as the consulting and expert witness in numerous civil and criminal cases in multiple federal district courts.

Mark has an unlimited Enrolled Agents license and is admitted to practice before the Internal Revenue Service based on his extensive experience as a Revenue Officer in New York, NY, St. Louis, MO and Washington, D.C..


Copyright 2025 Mark Sullivan Consulting, PLLC.

Additional references:

"If You Really, Really Need to Lend Money to Friends or Family…", Jonathan I. Shenkman, The Wall Street Journal (October 16, 2024)


Copyright 2025 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

Tax season is upon us, and it's time to prepare and file your tax return. But before you rush to submit your documents, it's crucial to take a step back and ensure your return is bulletproof against costly mistakes and potential IRS audits. Avoiding common filing errors by hiring a tax professional who can save you time, money, and stress in the long run.

Here are some steps every taxpayer can take to safeguard their tax return:

  1. Organize Your Documents: Start by gathering all necessary documents, including W-2s, 1099s, receipts, and any other relevant paperwork. Organize them systematically to ensure nothing gets overlooked.
  2. Double-Check Personal Information: One of the most common errors is incorrect personal information. Ensure your name, Social Security number, and other identifying details are accurate and match the information on file with the IRS.
  3. Stay Updated on Tax Law Changes: Tax laws are constantly evolving, and staying informed about the latest changes can help you maximize deductions and credits while avoiding penalties. Consider consulting a tax professional if you're unsure about recent updates.
  4. Report All Income: It's essential to report all sources of income, including wages, freelance earnings, investment income, and any other sources. Failing to report income can trigger IRS audits and hefty penalties.
  5. Claim Legitimate Deductions and Credits: Take advantage of all deductions and credits you're eligible for, but be cautious not to overstate expenses or claim credits you don't qualify for. Keep thorough records to substantiate your claims in case of an audit.
  6. Double-Check Math: Simple math errors can lead to significant discrepancies in your tax return. Double-check all calculations, especially if you're filing manually, to ensure accuracy.
  7. Review for Common Errors: Look out for common errors such as incorrect filing status, missing signatures, and omitted schedules or attachments. Even a small oversight can delay processing or trigger an audit.
  8. E-file and Use Direct Deposit: Filing electronically and opting for direct deposit can expedite your refund and reduce the risk of errors associated with paper filing. E-filing also provides confirmation of receipt by the IRS.
  9. Keep Copies of Your Tax Return: Maintain copies of your tax return, along with supporting documents, for at least three years. These records serve as valuable evidence in case of inquiries or audits from the IRS.
  10. Seek Professional Assistance if Needed: If your tax situation is complex or if you're uncertain about certain aspects of your return, consider seeking assistance from a qualified tax professional. They can provide guidance, ensure compliance, and help you navigate any potential audit process.

By following these steps and exercising diligence in preparing your tax return, you can significantly reduce the likelihood of costly mistakes and IRS audits. Remember, investing time and effort in ensuring accuracy now can save you from headaches down the road. Stay proactive, stay informed, and bulletproof your tax return for a smoother filing experience.

About the author

By entrusting your tax preparation needs to us, you gain access to years of experience, comprehensive knowledge of tax laws, and a commitment to excellence in every aspect of our service. We'll work closely with you to understand your unique situation, identify opportunities for savings, and navigate any complexities with confidence.

Don't leave your financial well-being to chance. Partner with Mark Sullivan Consulting and gain peace of mind knowing that your tax return is in the hands of trusted professionals. Contact us today to schedule a consultation and take the first step toward a stress-free tax season. Let's make this year's filing process smooth, efficient, and rewarding together.

To navigate the increasing scrutiny and complex tax landscape, retaining Mark Sullivan Consulting is essential. Our expertise in IRS audits and tax controversy will ensure your interests are protected. With personalized strategies and a deep understanding of federal tax laws, we provide unparalleled support and peace of mind. Trust us to be your steadfast ally in all tax matters.

Learn more at info@marksullivanconsulting.com or schedule a FREE 30-minute consultation with Mark Sullivan HERE

Mark has an unlimited Enrolled Agents license and is admitted to practice before the Internal Revenue Service based on his extensive experience as a Revenue Officer in New York, NY, St. Louis, MO and Washington, D.C..


Copyright 2025 Mark Sullivan Consulting, PLLC.

Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.

Refunds sent by mail are a popular target for check fraud

Widespread Mail Theft of Refund Checks

Taxpayer refund checks are being stolen from the mail, and in some cases, replacement checks are also being stolen.

  • Ashlea Ebeling with the Wall Street Journal interviewed Rep. Nicole Malliotakis (R., N.Y.) last October, she reported 218 cases totaling $3.8 million in stolen checks, with amounts ranging from hundreds of dollars to $500,000.
  • One taxpayer had to request four refund checks, with the third one still missing after being stolen and fraudulently deposited.
Many Taxpayers Still Rely on Paper Checks

While over 90% of taxpayers use direct deposit for refunds, millions still prefer paper checks.

  • Nearly 10 million paper refund checks were issued by the IRS last year.
  • Some taxpayers opt for paper checks to avoid sharing banking information with the IRS.
  • There are also instances where a paper check is issued even when direct deposit was elected, such as when banking information fails validation.
Check Fraud is on the Rise

Refunds sent by mail have become a popular target for check fraud, as reported by the Treasury Department last year.

  • Once a taxpayer elects to receive a paper check, they cannot switch to direct deposit for that tax year, even in cases of theft or loss.
  • A technology fix allowing taxpayers to change their preference to direct deposit mid-year is in development but is still a few years away.
IRS Urging Direct Deposit for Refunds

IRS Commissioner Danny Werfel has repeatedly emphasized in public comments that direct deposit is the fastest and safest way to receive refunds.

  • The IRS and Treasury Department are under pressure from Congress to address the growing problem of stolen checks.
  • Lawmakers, including Rep. Malliotakis, are calling for stronger measures to prevent mail theft.
How to Get a Replacement Check

The IRS has a process in place to replace lost or stolen checks.

  • Married couples filing jointly must fill out a taxpayer statement form and mail or fax it to the IRS to initiate a refund trace.
  • Individuals can call the IRS directly to request a trace.
  • The Treasury Department’s Bureau of Fiscal Service verifies the claim and issues a new check, typically within 30 days, although the process can take up to three or four months.
Combating Mail Theft and Fraud

The Treasury’s Financial Crimes Enforcement Network has issued alerts about a nationwide rise in mail theft-related check fraud.

  • Criminals are being prosecuted, with recent cases resulting in prison sentences for individuals involved in large-scale refund check theft.
  • In one case, two New York men were sentenced for stealing a $2.9 million IRS refund check.
Upcoming IRS Technology Upgrades

The IRS is modernizing its core systems, with a significant upgrade planned to roll out next year.

  • Future updates will allow taxpayers to use an online dashboard to manage refund preferences and upload forms, eliminating the need for faxing.
  • As IRS Commissioner Werfel notes, the modernization process requires careful planning to ensure effectiveness.
Bottom Line: Choose Direct Deposit

With refund checks increasingly becoming a target for fraud, the safest way to receive a refund is through direct deposit. While the IRS is working on improvements, taxpayers should act now to protect their refunds from theft.

About the author

Mark Sullivan Consulting assists taxpayers who have fallen victim to refund fraud, providing expert guidance through the IRS refund replacement process. Our team will navigate the complexities of filing refund traces, working with the Treasury Department, and ensuring your case is handled promptly. With years of experience in federal tax controversy, we are dedicated to securing the refunds our clients rightfully deserve while protecting them from further fraud risks. Let us advocate on your behalf and restore your peace of mind.

To navigate the increasing scrutiny and complex tax landscape, retaining Mark Sullivan Consulting is essential. Our expertise in IRS audits and tax controversy will ensure your interests are protected. With personalized strategies and a deep understanding of federal tax laws, we provide unparalleled support and peace of mind. Trust us to be your steadfast ally in all tax matters.

Learn more at info@marksullivanconsulting.com or schedule a FREE 30-minute consultation with Mark Sullivan HERE

Mark has an unlimited Enrolled Agents license and is admitted to practice before the Internal Revenue Service based on his extensive experience as a Revenue Officer in New York, NY, St. Louis, MO and Washington, D.C..


Copyright 2025 Mark Sullivan Consulting, PLLC.

Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.

Additional references: "Millions of Dollars in Tax Refund Checks Are Getting Stolen", Ashlea Ebeling, The Wall Street Journal (October 4, 2024)

2024 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

2025 trucker per diem rates were released by the IRS in an annual bulletin, Notice 2024-68, on September 20, 2024.

For taxpayers in the transportation industry the per diem rate remains unchanged form 2022 to $80 from $69 for any locality of travel in the continental United States (CONUS) and $86 from $74 for any locality of travel outside the continental United States (OCONUS), i.e Canada.

Effective Date: This notice is effective for per diem allowances for meal and incidental expenses, that are paid to any employee on or after October 1, 2024, for travel away from home on or after October 1, 2024. 

Note: A motor carrier fleet or owner operator can continue to use the 2024 per diem rate of $69 / $74 until December 31, 2024.

See Notice 2024-68

Have questions about trucker per diem? Request a free consultation HERE with Mark W. Sullivan, EA 

About the author

Mark W. Sullivan, EA founded Sullivan Consulting in 1998 in St. Louis, MO and relocated to Scottsdale, AZ in 2020. He specializes in federal tax controversy representation, appeals and consulting on behalf of individuals, businesses, law, and accounting firms nationwide. In addition, he has served as the consulting and expert witness in numerous civil and criminal cases in multiple federal district courts.

Mark has an unlimited Enrolled Agents license and is admitted to practice before the Internal Revenue Service based on his extensive experience as a Revenue Officer in New York, NY, St. Louis, MO and Washington, D.C..


Copyright 2024 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

Copyright 2024 Mark Sullivan Consulting, PLLC.

Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.

The IRS is ramping up its audit rates for large corporations, complex partnerships, and multimillionaires, thanks to a substantial funding boost from the Biden administration. By 2026, audit rates for corporations with over $250 million in assets will nearly triple, while complex partnerships and high-income individuals will also see significant increases. Despite these changes, the IRS reassures that individuals and small businesses earning under $400,000 won't face increased audit rates. This new focus underscores the importance of robust tax compliance and expert guidance.

Massive Funding Boost

  • The IRS received a significant increase in funding from the Biden administration.
  • Funding came through the Inflation Reduction Act (IRA) signed into law in 2022.
  • $80 billion directed to the IRS.
  • Goal: Nearly triple the audit rate to 22.6% by 2026.

Increased Audit Rates for Corporations

  • Applies to corporations with over $250 million in assets.
  • Current audit rate: 8.8% in 2019.

Focus on Complex Partnerships

  • Target: Increase audit rates nearly 10-fold to 1% by 2026.
  • Applies to partnerships with assets exceeding $10 million.
  • Current audit rate: 0.1% in 2019.

Targeting Wealthy Individuals

  • Aim: 50% increase in audit rates for individuals with annual income over $10 million.
  • Expected audit rate: 16.5% by 2026.
  • Current audit rate: 11% in 2019.

Assurance for Lower-Income Entities

  • No increase in audit rates for individuals and small businesses earning under $400,000.
  • Aligns with President Biden’s pledge not to raise taxes on this population.
Per Diem Plus is a Truckstop marketplace partner
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Audit Process

  • Involves meeting with an auditor to review the federal tax return.
  • Auditor may request additional documentation to support claims.

Discrepancies can lead to:

  • Tax evasion charges.
  • Civil fraud penalty of 75% of the understated tax.
  • In severe cases, jail time.

This detailed audit plan reflects the IRS's enhanced capacity to scrutinize high-value entities, backed by significant federal support.

To navigate the increasing scrutiny and complex tax landscape, retaining Mark Sullivan Consulting is essential. Our expertise in IRS audits and tax controversy will ensure your interests are protected. With personalized strategies and a deep understanding of federal tax laws, we provide unparalleled support and peace of mind. Trust us to be your steadfast ally in all tax matters.

Learn more at info@marksullivanconsulting.com or schedule a FREE 30-minute consultation with Mark Sullivan HERE

About the author

Mark W. Sullivan, EA founded Sullivan Consulting in 1998 in St. Louis, MO and relocated to Scottsdale, AZ in 2020. He specializes in federal tax controversy representation, appeals and consulting on behalf of individuals, businesses, law, and accounting firms nationwide. In addition, he has served as the consulting and expert witness in numerous civil and criminal cases in multiple federal district courts.

Mark has an unlimited Enrolled Agents license and is admitted to practice before the Internal Revenue Service based on his extensive experience as a Revenue Officer in New York, NY, St. Louis, MO and Washington, D.C..


Additional References: "The IRS says audits are about to surge — here’s who’s most at risk" Shannon Thayler, New York Post (May 3, 2024)


Copyright 2024 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

Hey there, tax-savvy pals! Ever wondered if your trusty four-legged friend could actually help you fetch some a tax deduction on your tax return? Well, let's dive into the world of guard dogs and their potential impact on your taxes.

Picture this: your business has that intimidating "Beware Of Dog" sign on the window. Break-ins? Zilch since your Rottweiler moved in. So, can you actually claim a tax deduction for your guard dog's expenses? The IRS might just say yes!

Zeus


But, as always, standard business deduction rules apply. Your dog's presence and the expenses associated with it must be ordinary and necessary for your line of business. If you can prove that, then the costs of keeping your loyal guardian well-fed, healthy, and trained can be deducted as a legitimate business expense.


Oh, and breed matters, too! Your tax claim gains more credibility if your guard dog is a formidable breed like a German shepherd, Doberman pinscher, or something similarly imposing. Sorry, Chihuahua, but your bark may not cut it for the IRS.


In a nutshell, while you can't exactly claim your dog as a tax deduction (no matter how loyal and fierce they are), you can potentially deduct the expenses associated with their "guard dog" role if you meet all the necessary criteria.


So, there you have it, folks. Guard dogs - not just your business's best friend, but potentially your wallet's best friend too! 🐕💰

Per Diem Plus is a Truckstop marketplace partner
Try Truckstop Load Board Pro Free For One Month

Remember, it's always wise to consult with a tax professional to ensure you're on the right track. Stay pawsitive, and keep those business premises safe! 🐾

Do you need assistance with tax analysis and consulting? Request a free consultation HERE with Mark W. Sullivan, EA

About the author

Mark W. Sullivan, EA founded Sullivan Consulting in 1998 in St. Louis, MO and relocated to Scottsdale, AZ in 2020. He specializes in federal tax controversy representation, appeals and consulting on behalf of individuals, businesses, law, and accounting firms nationwide. In addition, he has served as the consulting and expert witness in numerous civil and criminal cases in multiple federal district courts.

Mark has an unlimited Enrolled Agents license and is admitted to practice before the Internal Revenue Service based on his extensive experience as a Revenue Officer in New York, NY, St. Louis, MO and Washington, D.C..


Navigating Tax Time: Tips To Avoid Common Pitfalls & Maximize Savings


Copyright 2024 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

  • Introduction: In its ongoing mission to enhance tax compliance and equity, the Internal Revenue Service (IRS) recently unveiled a significant initiative on February 29th. This effort is squarely aimed at high-income taxpayers who have neglected to file their federal income tax returns. With over 125,000 instances of non-filing identified since 2017, the IRS is taking proactive steps to address this issue.
  • The Initiative: This new undertaking, funded by the Inflation Reduction Act, commences with the dispatch of IRS compliance letters this week. These letters are being sent to more than 25,000 individuals with incomes exceeding $1 million and over 100,000 individuals with incomes ranging from $400,000 to $1 million for the tax years spanning 2017 to 2021. It is anticipated that 20,000 to 40,000 CP-59 Notices will be issued weekly, initially targeting taxpayers in the highest income brackets.
  • Understanding the CP 59 Notice: The CP-59 notice, recently updated, is dispatched when the IRS lacks records of prior personal tax returns being filed. It outlines the steps taxpayers can take to rectify their non-filing status:
    • File their signed, personal tax return promptly or provide reasons for not filing.
    • Complete Form 15103, Form 1040 Return Delinquency, included with the notice to clarify reasons for filing late or why filing isn't necessary.
    • Detach the notice stub and mail it with the tax return and completed Form 15103 using the provided envelope. Alternatively, taxpayers can fax their information to the number provided, ensuring they understand the privacy and security policies of the fax service used.
  • Enhancements in the Updated CP 59 Notice: As part of the broader transformation within the IRS funded by the Inflation Reduction Act, the CP-59 notice has been revised to align with the recently announced Simple Notice Initiative. These enhancements aim to provide simplified, clear, and easily understandable information, along with more electronic options to assist taxpayers in fulfilling their tax obligations. Key improvements include:
    • Enhanced content emphasizing instructions on filing, obtaining transcripts, and payment options.
    • Integration of QR codes directing taxpayers to filing information and resolution options for balances.
    • Reduction in the number of pages to streamline communication.
  • Escalation of IRS Actions: Recipients of these letters are urged to take immediate action to avoid further follow-up notices, heightened penalties, and stronger enforcement measures. Additionally, failing to file past due tax returns promptly can lead to various consequences, including:
    • Accrual of interest and penalties.
    • Risk of losing refunds.
    • Impact on Social Security benefits.
    • Potential for IRS enforcement actions, including collection, audit, and criminal prosecution.
  • Tax Return and Collection Actions: For taxpayers who repeatedly fail to respond and file, the IRS may generate a substitute tax return based on reported income from employers, financial institutions, and other sources. However, this substitute return may not account for deductions and exemptions to which the taxpayer is entitled. Consequently, it's in the taxpayer's best interest to file their own return to maximize benefits.
  • Conclusion: The IRS's latest initiative targeting high-income non-filers underscores the agency's commitment to enhancing tax compliance and fairness. Taxpayers receiving CP-59 notices should act promptly to address their non-filing status and avoid potential consequences. By understanding the implications and taking proactive steps, taxpayers can ensure compliance with their tax obligations and mitigate any associated penalties or enforcement actions.
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Why choose Mark Sullivan Consulting, PLLC? As high-income taxpayers navigate the complexities of addressing unfiled tax returns and potential IRS settlements, it's essential to seek expert guidance and support. Mark Sullivan Consulting stands ready to assist in this critical process. With years of specialized experience in federal tax controversy, audit, and appeals representation, as well as tax consulting and advisory services, Mark offers unparalleled expertise and dedication to client success.

By retaining Mark Sullivan Consulting, high-income taxpayers can benefit from personalized guidance tailored to their unique financial situations and tax challenges. From preparing unfiled tax returns to negotiating settlements with the IRS, Mark Sullivan Consulting provides comprehensive support every step of the way. With a commitment to integrity, transparency, and excellence in service, Mark Sullivan Consulting empowers clients to navigate IRS compliance initiatives with confidence and peace of mind.

Learn more at info@marksullivanconsulting.com or schedule a FREE 30-minute consultation with Mark Sullivan HERE

About the author

Mark W. Sullivan, EA founded Sullivan Consulting in 1998 in St. Louis, MO and relocated to Scottsdale, AZ in 2020. He specializes in federal tax controversy representation, appeals and consulting on behalf of individuals, businesses, law, and accounting firms nationwide. In addition, he has served as the consulting and expert witness in numerous civil and criminal cases in multiple federal district courts.

Mark has an unlimited Enrolled Agents license and is admitted to practice before the Internal Revenue Service based on his extensive experience as a Revenue Officer in New York, NY, St. Louis, MO and Washington, D.C..


Navigating Tax Time: Tips To Avoid Common Pitfalls & Maximize Savings


Per Diem Plus Small Fleets requires users to complete the account setup HERE before using the app.


Copyright 2024 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

Tax season can be a stressful time for many Americans, but with a little knowledge and preparation, you can navigate it with confidence. Here are some practical tips to help you avoid common pitfalls and maximize your tax savings.

  • Avoid Simple Mistakes: The IRS reports that simple miscalculations are among the most common issues on tax returns. Double-check your math and ensure you've entered all information correctly, especially regarding filing status, Social Security numbers, and bank account details.
  • Don't Miss Investment Income: Remember to report all investment income, including dividends and capital gains. Failing to do so can result in penalties and fees from the IRS. Keep track of any 1099 forms you receive from investment firms and ensure they're accurately reflected in your tax return.
  • Understand Capital Gains: Be mindful of your investment holding periods, as they determine your tax rates. Short-term gains are taxed as ordinary income, while long-term gains may qualify for lower tax rates. High earners may also be subject to additional Medicare surtax on investment income.
  • Maintain Good Recordkeeping: Keep detailed records of your investment transactions, including purchase prices and sale proceeds. This information is crucial for accurately calculating gains and losses, which can impact your tax liability.
  • Utilize Tax-Loss Harvesting: Consider offsetting realized gains with losses through tax-loss harvesting. This strategy can help reduce your tax bill by maximizing deductions on investment losses.
  • Beware of Wash Sales: Avoid engaging in wash sales, which occur when you sell an investment at a loss and repurchase a substantially identical asset within 30 days. This can invalidate your loss for tax purposes and complicate your tax reporting.
  • Take Advantage of Tax Breaks: Don't overlook available tax credits and deductions, such as the Child Tax Credit or charitable contributions. These can significantly reduce your tax liability or taxable income, providing valuable savings.
  • Mind Deadlines: Be aware of tax deadlines for various deductions and contributions. Missing deadlines could result in missed opportunities for savings or penalties for late filings.

In conclusion, while tax season may seem daunting, taking proactive steps to understand your tax obligations and opportunities can lead to significant savings. Whether you're filing your taxes independently or with the help of a professional, attention to detail and awareness of potential pitfalls are key. By staying informed and organized, you can navigate tax time with confidence and optimize your financial outcomes. Remember, every dollar saved in taxes is a dollar that can contribute to your future financial security.

Learn more at info@marksullivanconsulting.com or schedule a FREE 30-minute consultation with Mark Sullivan HERE

About the author

Mark W. Sullivan, EA founded Sullivan Consulting in 1998 in St. Louis, MO and relocated to Scottsdale, AZ in 2020. He specializes in federal tax controversy representation, appeals and consulting on behalf of individuals, businesses, law, and accounting firms nationwide. In addition, he has served as the consulting and expert witness in numerous civil and criminal cases in multiple federal district courts.

Mark has an unlimited Enrolled Agents license and is admitted to practice before the Internal Revenue Service based on his extensive experience as a Revenue Officer in New York, NY, St. Louis, MO and Washington, D.C..


IRS Orders Immediate Stop To New Employee Retention Credit Claims (IRS Newswire, 9/14/23)


Per Diem Plus is a Truckstop marketplace partner
Try Truckstop Load Board Pro Free For One Month

Per Diem Plus Small Fleets requires users to complete the account setup HERE before using the app.


Copyright 2024 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

Disclaimer: This article is for information purposes only and cannot be cited as precedent or relied upon in a tax dispute before the IRS.

Struggling to find a tax accountant these days? The accounting industry lost 300,000 professionals since COVID began. Mark Sullivan Consulting, PLLC is adding income tax preparation services in response to taxpayer demand. 

  • Tailored Expertise: Trust the seasoned experience of Mark Sullivan, an Enrolled Agent since 1998, in providing top-notch tax services. Benefit from specialized knowledge in IRS federal tax controversy, audit and appeals representation.
  • Comprehensive Support: Whether you're an employee or a self-employed individual, our services cater to your unique tax needs. Mark Sullivan Consulting ensures meticulous attention to detail, guiding you through the intricacies of tax preparation with a focus on the gig economy and transportation industry.
  • Strategic Advisory: Beyond numbers, we offer strategic tax consulting and advisory services. Navigate the ever-evolving trends in federal tax with confidence, backed by ethical and transparent practices that uphold our commitment to unparalleled expertise and customer service.
  • Efficient and Transparent Processes: Experience seamless and transparent tax preparation processes designed to save you time and alleviate stress. We believe in making tax season a breeze, ensuring your focus remains on what matters most – your work, business, and personal pursuits.
  • Your Ally Against Tax Challenges: Mark Sullivan is not just a tax consultant; he's your ally in defending taxpayers against challenges. With a positive perspective and a commitment to protecting the weak, our goal is to bring out the good in every person and provide you with a reliable defense against potential tax hurdles.

Embark on this journey with Mark Sullivan Consulting as we launch our new income tax preparation services. Let us take the complexity out of taxes, allowing you to thrive personally and in your business endeavors. Cheers to a seamless tax season ahead!

Learn more at info@marksullivanconsulting.com or schedule a FREE 30-minute consultation with Mark Sullivan HERE

About the author

Mark W. Sullivan, EA founded Sullivan Consulting in 1998 in St. Louis, MO and relocated to Scottsdale, AZ in 2020. He specializes in federal tax controversy representation, appeals and consulting on behalf of individuals, businesses, law, and accounting firms nationwide. In addition, he has served as the consulting and expert witness in numerous civil and criminal cases in multiple federal district courts.

Mark has an unlimited Enrolled Agents license and is admitted to practice before the Internal Revenue Service based on his extensive experience as a Revenue Officer in New York, NY, St. Louis, MO and Washington, D.C..


IRS Orders Immediate Stop To New Employee Retention Credit Claims (IRS Newswire, 9/14/23)


Per Diem Plus is a Truckstop marketplace partner
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Per Diem Plus Small Fleets requires users to complete the account setup HERE before using the app.


Copyright 2024 Per Diem Plus, LLC. Per Diem Plus proprietary software is the trademark of Per Diem Plus, LLC.®

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