Notice 2011-81

Notice 2011-81
in: Notice 2011-81

Notice 2011-81

2011-2012 Special Per Diem Rates

SECTION 1. PURPOSE

This annual notice provides the 2011-2012 special per diem rates for taxpayers to use in substantiating the amount of ordinary and necessary business expenses incurred while traveling away from home, specifically (1) the special transportation industry meal and incidental expenses rates (M&IE rates), (2) the rate for the incidental expenses only deduction, and (3) the rates and list of high-cost localities for purposes of the high-low substantiation method.

SECTION 2. BACKGROUND

Rev. Proc. 2011-47, 2011-42 I.R.B. , provides rules for using a per diem rate to substantiate, under § 274(d) of the Internal Revenue Code and § 1.274-5 of the Income Tax Regulations, the amount of ordinary and necessary business expenses paid or incurred while traveling away from home. Taxpayers using the rates and list of high-cost localities provided in this notice must comply with Rev. Proc. 2011-47.

SECTION 3. SPECIAL M&IE RATES FOR TRANSPORTATION INDUSTRY

The special M&IE rates for taxpayers in the transportation industry are $59 for any locality of travel in the continental United States (CONUS) and $65 for any locality of travel outside the continental United States (OCONUS). See section 4.04 of Rev. Proc. 2011-47.

SECTION 4. RATE FOR INCIDENTAL EXPENSES ONLY DEDUCTION

The rate for any CONUS or OCONUS locality of travel for the incidental expenses only deduction is $5 per day. See section 4.05 of Rev. Proc. 2011-47.

SECTION 5. HIGH-LOW SUBSTANTIATION METHOD

1. Annual high-low rates. For purposes of the high-low substantiation method, the per diem rates in lieu of the rates described in section 4.01 of Rev. Proc. 2011-47 (the per diem substantiation method) are $242 for travel to any high-cost locality and $163 for travel to any other locality within CONUS. The amount of the $242 high rate and $163 low rate that is treated as paid for meals for purposes of § 274(n) is $65 for travel to any high-cost locality and $52 for travel to any other locality within CONUS. See section 5.02 of Rev. Proc. 2011-47. The per diem rates in lieu of the rates described in section 4.02 of Rev. Proc. 2011-47 (the meal and incidental expenses only substantiation method) are $65 for travel to any high-cost locality and $52 for travel to any other locality within CONUS.

2. High-cost localities. The following localities have a federal per diem rate of $202 or more, and are high-cost localities for all of the calendar year or the portion of the calendar year specified in parentheses under the key city name.

Key CityCounty or other defined location
Arizona
SedonaCity limits of Sedona
(March 1-April 30)
California
MontereyMonterey
NapaNapa
(October 1-November 30 and April 1-September 30)
San DiegoSan Diego
San FranciscoSan Francisco
Santa BarbaraSanta Barbara
Santa MonicaCity limits of Santa Monica
Yosemite National ParkMariposa
(June 1-August 31)
Colorado
AspenPitkin
(December 1-March 31 and June 1-August 31)
Denver/AuroraDenver, Adams, Arapahoe, and Jefferson
Steamboat SpringsRoutt
(December 1-March 31)
TellurideSan Miguel
(December 1-March 31)
Key CityCounty or other defined location
VailEagle
(December 1-August 31)
District of Columbia
Washington D.C. (also the cities of Alexandria, Falls Church, and Fairfax, and the counties of Arlington and Fairfax, in Virginia; and the counties of Montgomery and Prince George’s in Maryland) (See also Maryland and Virginia)
Florida
Fort LauderdaleBroward
(January 1-May 31)
Fort Walton Beach/De Funiak SpringsOkaloosa and Walton
(June 1-July 31)
Key WestMonroe
MiamiMiami-Dade
(December 1-March 31)
NaplesCollier
(January 1-April 30)
Illinois
ChicagoCook and Lake
(October 1-November 30 and April 1-September 30)
Louisiana
New OrleansOrleans, St. Bernard, Jefferson and Plaquemine Parishes
(October 1-June 30)
Maine
Bar HarborHancock
(July 1-August 31)
Maryland
Baltimore CityBaltimore City
(October 1-November 30 and March 1-September 30)
Cambridge/St. MichaelsDorchester and Talbot
(June 1-August 31)
Ocean CityWorcester
(June 1-August 31)
Washington, DC Metro AreaMontgomery and Prince George’s
Massachusetts
Boston/CambridgeSuffolk, City of Cambridge
FalmouthCity limits of Falmouth
(July 1-August 31)
Martha’s VineyardDukes
(July 1-August 31)
NantucketNantucket
(June 1-September 30)
New Hampshire
ConwayCarroll
(July 1-August 31)
Key CityCounty or other defined location
New York
Floral Park/Garden City/Great NeckNassau
Glens FallsWarren
(July 1-August 31)
Lake PlacidEssex
(July 1-August 31)
Manhattan (includes the boroughs of Manhattan, Brooklyn, the Bronx, Queens and Staten Island)Bronx, Kings, New York, Queens, Richmond
Saratoga Springs/SchenectadySaratoga and Schenectady
(July 1-August 31)
Tarrytown/White Plains/New RochelleWestchester
North Carolina
Kill DevilDare
(June 1-August 31)
Pennsylvania
PhiladelphiaPhiladelphia
Rhode Island
Jamestown/Middletown/NewportNewport
(October 1-October 31 and May 1-September 30)
Utah
Park CitySummit
(January 1-March 31)
Virginia
Washington, DC Metro AreaCities of Alexandria, Fairfax, and Falls Church; counties of Arlington and Fairfax
Virginia BeachCity of Virginia Beach
(June 1-August 31)
Washington
SeattleKing
WyomingTeton and Sublette
Jackson/Pinedale
(July 1-August 31)

3. Changes in high-cost localities. The list of high-cost localities in this notice differs from the list of high-cost localities in section 5.03 of Rev. Proc. 2010-39 (changes listed by key cities).

a. No localities have been added to the list of high-cost localities.

b. The portion of the year for which the following are high-cost localities has been changed: Yosemite National Park, California; and Chicago, Illinois.

c. The following localities have been removed from the list of high-cost localities: Phoenix/Scottsdale, Arizona; South Lake Tahoe, California; Silverthorne/Breckenridge, Colorado; Riverhead/Ronkonkoma/Melville, New York; and Stowe, Vermont.

SECTION 6. EFFECTIVE DATE

This notice is effective for per diem allowances for lodging, meal and incidental expenses, or for meal and incidental expenses only that are paid to any employee on or after October 1, 2011, for travel away from home on or after October 1, 2011. For purposes of computing the amount allowable as a deduction for travel away from home, this notice is effective for meal and incidental expenses or for incidental expenses only paid or incurred on or after October 1, 2011. See sections 4.06 and 5.04 of Rev. Proc. 2011-47 for transition rules for the last 3 months of calendar year 2011.

DRAFTING INFORMATION

The principal author of this notice is Eric D. Brauer of the Office of Associate Chief Counsel (Income Tax & Accounting). For further information regarding this notice, contact Mr. Brauer at (202) 622-4970 (not a toll-free call).

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