I have a client that is possibly going to take a job as a subcontractor where he has to travel around the country to repair various types of specialty equipment. A person that is currently employed with the company says he is paid as a subcontractor and receives a per diem for his travel expenses. He told my client that the per diem is not taxable. I am not so sure.
Now I know for an employee they are required to provide expense worksheets and if per diem is paid in excess of federal amount allowed then it is taxable.
Does this also apply to subcontractors? Would the per diem amount not be included on the 1099-Misc, reported as income by the taxpayer, and then actual expenses deducted from it?
I've never heard of this being done as a subcontractor so would appreciate any input. Client said that depending on the answer he may change his mind on taking the job.
Let me add that this same person that is working for the company as a subcontractor formed an S-Corp and more than likely not paying payroll. So you know his word on taxable or not on the per diem... not so sure.
Now I know for an employee they are required to provide expense worksheets and if per diem is paid in excess of federal amount allowed then it is taxable.
Does this also apply to subcontractors? Would the per diem amount not be included on the 1099-Misc, reported as income by the taxpayer, and then actual expenses deducted from it?
I've never heard of this being done as a subcontractor so would appreciate any input. Client said that depending on the answer he may change his mind on taking the job.
Let me add that this same person that is working for the company as a subcontractor formed an S-Corp and more than likely not paying payroll. So you know his word on taxable or not on the per diem... not so sure.
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