Notice 2023-68

Notice 2023-68

Notice 2023-68

SECTION 1. PURPOSE

This annual notice provides the 2023-2024 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 (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. 2019-48, 2019-51 I.R.B. 1392 (or successor), 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. 2019-48 (or successor). Notice 2022-44, 2022-41 I.R.B. 277, provides the rates and list of high-cost localities for the period October 1, 2022, to September 30, 2023.

SECTION 3. SPECIAL M&IE RATES FOR TRANSPORTATION INDUSTRY

The special M&IE rates for taxpayers in the transportation industry are $69 for any locality of travel in the continental United States (CONUS) and $74 for any locality of travel outside the continental United States (OCONUS). See section 4.04 of Rev. Proc. 2019-48 (or successor).

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. 2019-48 (or successor).

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 Notice 2022-44 (the per diem substantiation method) are $309 for travel to any high-cost locality and $214 for travel to any other locality within CONUS. The amount of the $309 high rate and $214 low rate that is treated as paid for meals for purposes of § 274(n) is $74 for travel to any high-cost locality and $64 for travel to any other locality within CONUS. See section 5.02 of Rev. Proc. 2019-48 (or successor). The per diem rates in lieu of the rates described in Notice 2022-44 (the meal and incidental expenses only substantiation method) are $74 for travel to any high-cost locality and $64 for travel to any other locality within CONUS.

2. High-cost localities. The following localities have a federal per diem rate of $261 or more, and are high-cost localities for the specified portion of the calendar year:

Key CityCounty or Other Defined LocationPortion of Calendar Year
Alabama
Gulf ShoresBaldwinJune 1 – July 31
Arizona
Phoenix/ScottsdaleMaricopaFebruary 1 – March 31
SedonaCity limits of SedonaOctober 1 – September 30
California
Mill Valley/San Rafael/NovatoMarinOctober 1 – October 31 and June 1 – September 30
MontereyMontereyJune 1 – August 31
NapaNapaOctober 1 – September 30
OaklandAlamedaOctober 1 – September 30
San DiegoSan DiegoOctober 1 – September 30
San FranciscoSan FranciscoOctober 1 – September 30
San Luis ObispoSan Luis ObispoJune 1 – August 31
San Mateo/Foster City/BelmontSan MateoOctober 1 – September 30
Santa BarbaraSanta BarbaraOctober 1 – September 30
Santa MonicaCity limits of Santa MonicaOctober 1 – September 30
Sunnyvale/Palo Alto/San JoseSanta ClaraOctober 1 – September 30
Yosemite National ParkMariposaOctober 1 – September 30
Colorado
AspenPitkinOctober 1 – March 31 and June 1 – September 30
Denver/AuroraDenver, Adams, Arapahoe, and JeffersonOctober 1 – October 31 and April 1 – September 30
Grand LakeGrandDecember 1 – March 31
Silverthorne/BreckenridgeSummitOctober 1 – March 31 and June 1 – September 30
Steamboat SpringsRouttDecember 1 – March 31
TellurideSan MiguelOctober 1 – September 30
VailEagleOctober 1 – September 30
Delaware
LewesSussexJuly 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)October 1 – June 30 and September 1 – September 30
Florida
Boca Raton/Delray Beach/JupiterPalm Beach and HendryDecember 1 – April 30
BradentonManateeFebruary 1 – March 31
Cocoa BeachBrevardFebruary 1 – March 31
Fort LauderdaleBrowardJanuary 1 – April 30
Fort MyersLeeDecember 1 – March 31
Fort Walton Beach/DeFuniak SpringsOkaloosa and WaltonJune 1 – July 31
Gulf BreezeSanta RosaJune 1 – July 31
Key WestMonroeOctober 1 – September 30
MiamiMiami-DadeDecember 1 – May 31
NaplesCollierDecember 1 – April 30
Panama CityBayJune 1 – July 31
PensacolaEscambiaJune 1 – July 31
Punta GordaCharlotteFebruary 1 – March 31
SarasotaSarasotaFebruary 1 – April 30
SebringHighlandsFebruary 1 – March 31
StuartMartinFebruary 1 – March 31
Tampa/St. PetersburgPinellas and HillsboroughJanuary 1 – April 30
Vero BeachIndian RiverOctober 1 – September 30
Georgia
AtlantaFulton and DekalbJanuary 1 – March 31
Jekyll Island/BrunswickGlynnMarch 1 – July 31
Idaho
Sun Valley/KetchumBlaine and ElmoreDecember 1 – March 31 and June 1 – September 30
Illinois
ChicagoCook and LakeOctober 1 – November 30 and April 1 – September 30
Maine
Bar Harbor/RockportHancock and KnoxOctober 1 – October 31 and July 1 – September 30
Kennebunk/Kittery/SanfordYorkJuly 1 – August 31
PortlandCumberland and SagadahocOctober 1 – October 31 and July 1 – September 30
Maryland
Ocean CityWorcesterJuly 1 – August 31
Washington, D.C. Metropolitan AreaMontgomery and Prince George’sOctober 1 – June 30 and September 1 – September 30
Massachusetts
Boston/CambridgeSuffolk and City of CambridgeOctober 1 – September 30
FalmouthCity limits of FalmouthMay 1 – August 31
HyannisBarnstable less the City of FalmouthJuly 1 – August 31
Martha's VineyardDukesOctober 1 – September 30
NantucketNantucketOctober 1 – September 30
Michigan
Mackinac IslandMackinacJuly 1 – August 31
PetoskeyEmmetJuly 1 – August 31
Traverse CityGrand TraverseJuly 1 – August 31
Minnesota
DuluthSt. LouisOctober 1 – October 31 and June 1 – September 30
Montana
Big Sky/West Yellowstone/GardinerGallatin and ParkJune 1 – September 30
Kalispell/WhitefishFlatheadJuly 1 – August 31
MissoulaMissoulaJune 1 – September 30
New Jersey
Toms RiverOceanJuly 1 – August 31
New Mexico
CarlsbadEddyOctober 1 – September 30
New York
Glens FallsWarrenJuly 1 – August 31
Lake PlacidEssexJuly 1 – August 31
New York CityBronx, Kings, New York, Queens, and RichmondOctober 1 – December 31 and March 1 – September 30
Saratoga Springs/SchenectadySaratoga and SchenectadyJuly 1 – August 31
North Carolina
Kill Devil HillsDareApril 1 – September 30
Oregon
Eugene/FlorenceLaneJune 1 – July 31
Lincoln CityLincolnJuly 1 – August 31
SeasideClatsopJuly 1 – August 31
Pennsylvania
HersheyHersheyJune 1 – August 31
PhiladelphiaPhiladelphiaOctober 1 – November 30, March 1 – June 30, and September 1 – September 30
Rhode Island
Jamestown/Middletown/NewportNewportOctober 1 – October 31 and June 1 – September 30
South Carolina
CharlestonCharleston, Berkeley, and DorchesterOctober 1 – September 30
Hilton HeadBeaufortMarch 1 – August 31
Myrtle BeachHorryJune 1 – August 31
Tennessee
NashvilleDavidsonOctober 1 – September 30
Utah
MoabGrandOctober 1 – October 31 and March 1 – September 30
Park CitySummitOctober 1 – September 30
Virginia
Virginia BeachCity of Virginia BeachJune 1 – August 31
Wallops IslandAccomackJuly 1 – August 31
Washington, D.C. Metropolitan AreaCities of Alexandria, Falls Church, and Fairfax; Counties of Arlington and FairfaxOctober 1 – June 30 and September 1 – September 30
Vermont
ManchesterBenningtonOctober 1 – October 31 and August 1 – September 30
MontpelierWashingtonOctober 1 – October 31 and August 1 – September 30
Washington
Port Angeles/Port TownsendClallam and JeffersonJuly 1 – August 31
SeattleKingOctober 1 – October 31 and May 1 – September 30
Wyoming
CodyParkJune 1 – September 30
Jackson/PinedaleTeton and SubletteOctober 1 – September 30

 

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 of Notice 2022-44.

a. The following localities have been added to the list of high-cost localities: Yosemite National Park, California; Tampa/St. Petersburg, Florida; Atlanta, Georgia; Missoula, Montana; Saratoga Springs/Schenectady, New York; Eugene/Florence, Oregon; Montpelier, Vermont.

b. The following localities have changed the portion of the year in which they are high-cost localities: San Diego, California; District of Columbia (see also Maryland and Virginia); Fort Lauderdale, Florida; Fort Myers, Florida; Fort Walton Beach/DeFuniak Springs, Florida; Miami, Florida; Vero Beach, Florida; Portland, Maine; Washington, D.C. Metropolitan Area in Maryland (Counties of Montgomery and Prince George’s); Hilton Head, South Carolina; Manchester, Vermont; Washington, D.C. Metropolitan Area in Virginia (Cities of Alexandria, Falls Church, and Fairfax; Counties of Arlington and Fairfax); Seattle, Washington.

c. The following localities have been removed from the list of high-cost localities: Los Angeles, California; Durango, Colorado; Portland, Oregon; Vancouver, Washington.

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, 2023, for travel away from home on or after October 1, 2023. 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, 2023. See sections 4.06 and 5.04 of Rev. Proc. 2019-48 (or successor) for transition rules for the last 3 months of calendar year 2023.

SECTION 7. EFFECT ON OTHER DOCUMENTS

Notice 2022-44 is superseded.

DRAFTING INFORMATION

The principal author of this notice is C. Dylan Durham of the Office of Associate Chief Counsel (Income Tax & Accounting). For further information regarding this notice contact Mr. Durham at (202) 317-7005 (not a toll-free number).

Disclaimer. This may not be the most current version of this information. Users should consult official sources to verify information on this site is recent and current. Marble does not warrant or represent the accuracy, completeness or reliability of the information contained on this site.