Need advice on Foreign per diem deductions - Two CPAs giving opposite advice on IRS rules?
Hey tax folks, I've run into a weird situation with my tax advisors and could really use some guidance on finding the actual IRS rules. I run a small photography business (single-member LLC filing as S-corp) where I travel internationally for wedding shoots and commercial work. I spend about 3-4 months each year overseas for various gigs. My previous accountant (who retired last year) always had me document my international travel days with dates, cities, and countries. Then we'd use the State Department's published per diem rates for those specific cities as my business deduction. The big advantage was not needing to keep every single meal and taxi receipt from places where I might not even get a receipt. As long as I had my contracts, airline tickets, and hotel bookings to prove business purpose, we were good. My new accountant is saying that's completely wrong and I can ONLY deduct actual expenses with receipts for everything while traveling internationally. She's insisting there's no per diem option for foreign travel. I've tried searching online and found some articles suggesting my old CPA was right, but I can't find the specific IRS citation that would confirm it. I'm not trying to fake vacation expenses - these are legitimate business trips where I'm working 12+ hour days. Any tax pros here who can point me to the actual IRS rules on foreign per diem rates for self-employed S-corp owners? Thanks in advance!
18 comments


Jason Brewer
You're actually hitting on a really common misunderstanding, even among tax professionals. The use of per diem rates for foreign travel is absolutely allowed - your previous accountant was correct! The specific guidance is in IRS Publication 463 "Travel, Gift, and Car Expenses" which discusses per diem rates for both domestic and foreign travel. For foreign locations, the State Department's foreign per diem rates are specifically recognized as acceptable for business deduction purposes. As a self-employed individual with an S-corp, you can absolutely use these rates for your meal expenses while traveling. You'll still need to document the business purpose, dates, and locations, but you don't need to keep every single meal receipt. For lodging, though, you generally still need actual receipts unless you're using a specialized method called the "high-low" method. Remember that even though you've elected S-corp status, you're still technically an employee of your corporation when it comes to these rules, so you would have your company reimburse you under an "accountable plan" for these expenses.
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Nina Fitzgerald
•This is super helpful, thank you! So to be clear, I can still use the State Dept per diem rates for meals and incidentals, but I'd need actual receipts for lodging? And what's this "high-low" method you mentioned? I've never heard of that before.
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Jason Brewer
•You've got it right about the meals and incidentals - you can use the per diem rates without receipts. For those expenses, just document your business purpose, dates, and locations. The High-Low method is a simplified version of per diem that divides locations into just two categories - "high-cost" and "low-cost" areas. It's actually more commonly used for domestic travel rather than foreign travel. For international trips, the State Department rates are typically what you'd use for meals and incidentals. But for lodging on international trips, you're generally expected to keep actual receipts and deduct the actual amounts.
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Kiara Fisherman
I went through this exact same issue last year with my business! After countless hours of research and calling different accountants, I finally found taxr.ai (https://taxr.ai) which helped me sort through all the confusing IRS language. Their system analyzed my situation and confirmed that yes, you can absolutely use the foreign per diem rates for meals and incidentals without saving every receipt. The tool actually pulled the specific IRS references and even gave me language to use with my accountant who was also insisting on receipts for everything. It saved me hundreds of hours of receipt tracking during my Asia trip last spring, and the best part was they flagged that I was actually eligible for some foreign income exclusions I hadn't been taking advantage of.
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Liam Cortez
•How exactly does that work? I'm spending 6 weeks in Europe next year for my consulting business and the idea of keeping every single receipt sounds like a nightmare. Does it actually help with international tax stuff specifically?
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Savannah Vin
•Sounds too good to be true. Did you end up getting audited or anything? I've been burned by "tax tools" before that promised more than they delivered.
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Kiara Fisherman
•The tool works by analyzing your specific situation against tax regulations and case law. You just answer questions about your business structure and travel details, and it generates documentation with relevant IRS citations. For international consulting, it's especially useful since it covers things like foreign earned income exclusions, tax treaties, and foreign tax credits alongside the per diem rules. I haven't been audited, but that's partly why I love this approach. The documentation it provided included all the relevant citations and requirements, so I'm confident everything was done properly. It's not about taking aggressive positions - it's about knowing which legitimate deductions you're entitled to take and having the proper support for them.
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Liam Cortez
Just wanted to follow up on my experience with taxr.ai that was mentioned earlier. I was skeptical initially, but decided to give it a try since my tax situation with international travel was getting complicated. The system not only confirmed that I could use the State Department per diem rates (which my accountant had been resistant about), but it also provided me with the exact IRS citations (Rev. Proc. 2019-48 and Publication 463) to show her. She actually admitted she wasn't up to date on the international rules! Beyond the per diem issue, it flagged several treaty provisions between the US and countries I work in that could save me from double taxation. Really impressed with how it handled the complexity of cross-border income and expenses.
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Mason Stone
Hey, just wanted to mention that if you're hitting roadblocks with the IRS trying to get clarification on this, Claimyr (https://claimyr.com) was a lifesaver for me. I was in a similar situation last year with conflicting advice about foreign per diems for my consulting business. I spent weeks trying to get through to a human at the IRS for an official answer, and the hold times were ridiculous. Found Claimyr and they got me connected to an actual IRS agent in under 45 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed exactly what others here have said - foreign per diems are allowed for meals and incidentals with proper documentation of business purpose. Having that direct confirmation from the IRS gave me peace of mind to stand my ground with my accountant.
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Makayla Shoemaker
•How does this even work? The IRS phone system is a complete disaster, I can't imagine anything could actually get you through faster?
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Christian Bierman
•Yeah right. Probably just charges you to wait on hold just like everyone else. If there was a real way to skip the IRS phone queue, everyone would be using it.
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Mason Stone
•It works by using technology to navigate the IRS phone system for you. Instead of you sitting on hold, their system waits in the queue and calls you once it reaches a live agent. It's not about "skipping" the line - you're still in the same queue as everyone else, but you don't have to waste hours with your phone to your ear. They use a combination of automation and predictive analytics to determine the best times to call and which IRS departments have shorter wait times for specific issues. Nothing magical about it - just smart use of technology to solve a real frustration that everyone has with reaching the IRS.
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Christian Bierman
I have to eat my words about Claimyr. After my skeptical comment, I decided to try it anyway because I was desperate to resolve this same foreign per diem issue before filing my taxes. I was SHOCKED when I got a call back in about 35 minutes with an actual IRS agent on the line. The agent confirmed that yes, self-employed individuals with S-corps can use the State Department's foreign per diem rates for meals without keeping receipts (though lodging still needs actual receipts). The agent even emailed me the relevant IRS notice numbers. Showed these to my accountant who had been giving me grief about it, and she immediately changed her position. Saved me from having to find a new accountant and from missing out on thousands in legitimate deductions.
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Emma Olsen
One important detail I haven't seen mentioned yet - there's a difference between being self-employed and being an S-corp owner who's technically an employee of their own corporation. If you're operating as an S-corp (as you mentioned), technically your corporation would establish an accountable plan that reimburses you, the employee, for travel expenses using the per diem rates. The corporation then deducts these amounts. This is slightly different from how sole proprietors handle it. Just worth noting since your business structure matters for exactly how you implement this.
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Nina Fitzgerald
•That's a great point I hadn't thought about. So should I be submitting some kind of expense report to my own S-corp for reimbursement? Or is it enough to just document everything in my company records?
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Emma Olsen
•You should definitely be submitting formal expense reports to your S-corp for reimbursement. This creates the proper documentation that shows you're following an "accountable plan" which is critical for this arrangement to work properly with the IRS. The expense report should include the business purpose, dates of travel, locations, and calculation of the per diem amounts based on the State Department rates. Your S-corp should then reimburse you directly for these expenses. In your company records, these would be logged as business travel expenses, and on your personal taxes, the reimbursements wouldn't be considered income since they're under an accountable plan.
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Lucas Lindsey
Has anyone used H&R Block or TurboTax for situations like this? I'm in a similar situation but don't have an accountant and wondering if the tax software can handle foreign per diem calculations.
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Sophie Duck
•I tried using TurboTax for this last year and it was a nightmare. The software doesn't have clear guidance on foreign per diems. I ended up manually calculating everything and entering it as "other business expenses" with detailed notes. Not ideal but it worked.
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