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    Meals Reimbursement

    Client works for a construction company and travels to various jobs both in and out of state. When they are required to be away overnight, employer pays them $35 a day for meals. Employer issued a 1099-MISC with an amount in box 3 for the total from last year. Not sure why they chose the 1099 route instead of including on W-2, but that is what they do.

    The more I think this over, the more confused I get. Here is what I am thinking:

    1. The amount from 1099 must be included as income on Line 21.
    2. Employee could file form 2106 and claim per diem or actual meals, then reduce by the amount of the reimbursement, and then take 50% of this amount on line 21 of Sch A.

    Does this sound right? Thanks.

    #2
    Agree

    I think you have it right. Pity the employer didn't bother to set up an accountable plan.

    Comment


      #3
      Line 21 no matter what

      If you claim 2106 expenses I would not claim the reimbursement there as the IRS will be looking for it on line 21.
      So I would report reimbursement on line 21 and then claim 2106 expenses which will then move to Schedule A.

      Comment


        #4
        How about this?

        OK, so the 1099 amount goes on line 21 and then the 2106 gets completed without the reimbursement since I have already included it as income. Then the 2106 would go to Sch A subject to 2% of AGI.

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