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Notice 2023-68


(back to all Notices, or view IRB 2023-41)



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 City County or Other Defined Location Portion of Calendar Year
Alabama
Gulf Shores Baldwin June 1 – July 31
Arizona
Phoenix/Scottsdale Maricopa February 1 – March 31
Sedona City limits of Sedona October 1 – September 30
California
Mill Valley/San Rafael/Novato Marin October 1 – October 31 and June 1 – September 30
Monterey Monterey June 1 – August 31
Napa Napa October 1 – September 30
Oakland Alameda October 1 – September 30
San Diego San Diego October 1 – September 30
San Francisco San Francisco October 1 – September 30
San Luis Obispo San Luis Obispo June 1 – August 31
San Mateo/Foster City/Belmont San Mateo October 1 – September 30
Santa Barbara Santa Barbara October 1 – September 30
Santa Monica City limits of Santa Monica October 1 – September 30
Sunnyvale/Palo Alto/San Jose Santa Clara October 1 – September 30
Yosemite National Park Mariposa October 1 – September 30
Colorado
Aspen Pitkin October 1 – March 31 and June 1 – September 30
Denver/Aurora Denver, Adams, Arapahoe, and Jefferson October 1 – October 31 and April 1 – September 30
Grand Lake Grand December 1 – March 31
Silverthorne/Breckenridge Summit October 1 – March 31 and June 1 – September 30
Steamboat Springs Routt December 1 – March 31
Telluride San Miguel October 1 – September 30
Vail Eagle October 1 – September 30
Delaware
Lewes Sussex July 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/Jupiter Palm Beach and Hendry December 1 – April 30
Bradenton Manatee February 1 – March 31
Cocoa Beach Brevard February 1 – March 31
Fort Lauderdale Broward January 1 – April 30
Fort Myers Lee December 1 – March 31
Fort Walton Beach/DeFuniak Springs Okaloosa and Walton June 1 – July 31
Gulf Breeze Santa Rosa June 1 – July 31
Key West Monroe October 1 – September 30
Miami Miami-Dade December 1 – May 31
Naples Collier December 1 – April 30
Panama City Bay June 1 – July 31
Pensacola Escambia June 1 – July 31
Punta Gorda Charlotte February 1 – March 31
Sarasota Sarasota February 1 – April 30
Sebring Highlands February 1 – March 31
Stuart Martin February 1 – March 31
Tampa/St. Petersburg Pinellas and Hillsborough January 1 – April 30
Vero Beach Indian River October 1 – September 30
Georgia
Atlanta Fulton and Dekalb January 1 – March 31
Jekyll Island/Brunswick Glynn March 1 – July 31
Idaho
Sun Valley/Ketchum Blaine and Elmore December 1 – March 31 and June 1 – September 30
Illinois
Chicago Cook and Lake October 1 – November 30 and April 1 – September 30
Maine
Bar Harbor/Rockport Hancock and Knox October 1 – October 31 and July 1 – September 30
Kennebunk/Kittery/Sanford York July 1 – August 31
Portland Cumberland and Sagadahoc October 1 – October 31 and July 1 – September 30
Maryland
Ocean City Worcester July 1 – August 31
Washington, D.C. Metropolitan Area Montgomery and Prince George’s October 1 – June 30 and September 1 – September 30
Massachusetts
Boston/Cambridge Suffolk and City of Cambridge October 1 – September 30
Falmouth City limits of Falmouth May 1 – August 31
Hyannis Barnstable less the City of Falmouth July 1 – August 31
Martha's Vineyard Dukes October 1 – September 30
Nantucket Nantucket October 1 – September 30
Michigan
Mackinac Island Mackinac July 1 – August 31
Petoskey Emmet July 1 – August 31
Traverse City Grand Traverse July 1 – August 31
Minnesota
Duluth St. Louis October 1 – October 31 and June 1 – September 30
Montana
Big Sky/West Yellowstone/Gardiner Gallatin and Park June 1 – September 30
Kalispell/Whitefish Flathead July 1 – August 31
Missoula Missoula June 1 – September 30
New Jersey
Toms River Ocean July 1 – August 31
New Mexico
Carlsbad Eddy October 1 – September 30
New York
Glens Falls Warren July 1 – August 31
Lake Placid Essex July 1 – August 31
New York City Bronx, Kings, New York, Queens, and Richmond October 1 – December 31 and March 1 – September 30
Saratoga Springs/Schenectady Saratoga and Schenectady July 1 – August 31
North Carolina
Kill Devil Hills Dare April 1 – September 30
Oregon
Eugene/Florence Lane June 1 – July 31
Lincoln City Lincoln July 1 – August 31
Seaside Clatsop July 1 – August 31
Pennsylvania
Hershey Hershey June 1 – August 31
Philadelphia Philadelphia October 1 – November 30, March 1 – June 30, and September 1 – September 30
Rhode Island
Jamestown/Middletown/Newport Newport October 1 – October 31 and June 1 – September 30
South Carolina
Charleston Charleston, Berkeley, and Dorchester October 1 – September 30
Hilton Head Beaufort March 1 – August 31
Myrtle Beach Horry June 1 – August 31
Tennessee
Nashville Davidson October 1 – September 30
Utah
Moab Grand October 1 – October 31 and March 1 – September 30
Park City Summit October 1 – September 30
Virginia
Virginia Beach City of Virginia Beach June 1 – August 31
Wallops Island Accomack July 1 – August 31
Washington, D.C. Metropolitan Area Cities of Alexandria, Falls Church, and Fairfax; Counties of Arlington and Fairfax October 1 – June 30 and September 1 – September 30
Vermont
Manchester Bennington October 1 – October 31 and August 1 – September 30
Montpelier Washington October 1 – October 31 and August 1 – September 30
Washington
Port Angeles/Port Townsend Clallam and Jefferson July 1 – August 31
Seattle King October 1 – October 31 and May 1 – September 30
Wyoming
Cody Park June 1 – September 30
Jackson/Pinedale Teton and Sublette October 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).



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