- 10 - traveling away from home.5 Under one of the methods authorized by the Revenue Procedures, an employee’s expenses for lodging, meal, and incidental expenses while traveling away from home will be deemed substantiated when “a payor (the employer, its agent, or a third party) provides a per diem allowance[6] under a 5 Rev. Proc. 94-77, 1994-2 C.B. 825, is effective for per diem allowances paid on or after Jan. 1, 1995. Rev. Proc. 96-28, 1996-1 C. B. 686, superseded Rev. Proc. 94-77, supra, for per diem allowances paid on or after Apr. 1, 1996. Rev. Proc. 96-28, supra, restates verbatim the relevant sections of Rev. Proc. 94- 77, supra. Subsequent citations to provisions of Prev. Proc. 96- 28, supra, will also refer to identical provisions of superseded Rev. Proc. 94-77, supra. 6 Rev. Proc. 96-28, sec. 3.01, 1996-1 C.B. at 687, defines a “per diem allowance” as: a payment under a reimbursement or other expense allowance arrangement that meets the requirements specified in � 1.62-2(c)(1) and that is: (1) paid with respect to ordinary and necessary business expenses incurred, or which the payor reasonably anticipates will be incurred, by an employee for lodging, meal, and/or incidental expenses for travel away from home in connection with the performance of services as an employee of the employer, (2) reasonably calculated not to exceed the amount of the expenses or the anticipated expenses, and (3) paid at the applicable Federal per diem rate, a flat rate or stated schedule, or in accordance with any other Service- specified rate or schedule.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011