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About Glenn D Schnabel
Expertise
I can answer most federal individual income tax questions. I can not provide legal advise.

Experience
I have worked for a CPA firm for over 11 years. I have worked in private as well as government I have recently been running a tax preparation office, mainly focusing on individual income taxes

Organizations
I have been affiliated with managing condo associations and as a member of a coalition to educate condo owners as to their rights and responsibilities.

Education/Credentials
I have my B.S.B.A in Business Administration . Concentration in Accounting I have gone to yearly tax seminars and have tried to keep up with the evolving tax changes

Awards and Honors
Over my years I have received local awards for contributions to worthy organizations.

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This, of course remains confidential

 
   

You are here:  Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > Per Diem being taxed

Topic: Tax Law (Questions About Taxes)



Expert: Glenn D Schnabel
Date: 7/13/2008
Subject: Per Diem being taxed

Question
I am an independant contractor working in the oil and gas industry for 1 year.  
When I had my taxes filed they made be pay taxes on my per diem because it
was on the 1099, although everyone has informed me that per diem is non
taxable. How is this possible?

Answer
Kimberly,

Thank you for your question. If you were an independent contractor and
they paid you on a 1099, you should have taken deductions on your schedule C for your pier diem expenses.

It would either be a wash( they reported income that equaled or was greater than what you were allowed ).

You need to w file an amended tax return claiming the standard per diem deductions and get your money back.

Usually when people are paid per diem, they are reported on a W-2 and not on a 1099. Any excess is  added to a W-2. I your client reported this on a 1099, then he is shifting the burden of proof to you.

If you did not fill out a W-4 when you were hired, then you were an independent contractor.

Hope this helps

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