Business Travel Deduction Rules: The Overnight Test, Per Diems, and What You Can Write Off
Business travel expenses are deductible under IRC 162 as ordinary and necessary business expenses, but only when the travel requires the taxpayer to be away from their tax home “substantially longer than an ordinary day’s work” and requires sleep or rest (the “overnight test” from United States v. Correll, 389 U.S. 299 (1967)). The tax home is generally the taxpayer’s regular place of business, not their personal residence. A taxpayer who drives two hours to a client, works a full day, and drives home the same night cannot deduct travel expenses (this is a local business trip). A taxpayer who flies to a client, stays overnight in a hotel, and flies back the next day can deduct airfare, hotel, meals (50%), ground transportation, and incidental expenses. Temporary assignments (expected to last less than one year) qualify; indefinite assignments (expected to last more than one year) do not.
What’s deductible on a business trip (overnight stay):
| Expense | Deductible? | Limitation |
|---|---|---|
| Airfare / train / bus | 100% | Must be primarily for business |
| Rental car | 100% (business use) | Personal side trips pro-rated out |
| Lodging (hotel) | 100% | Reasonable, not lavish |
| Meals | 50% | Business purpose required |
| Taxi / rideshare / parking | 100% | Business-related only |
| Baggage fees | 100% | |
| Dry cleaning on trip | 100% | |
| Tips (taxi, bellhop, porter) | 100% | |
| Internet / phone on trip | 100% | Business-related |
| Conference registration fees | 100% |
What’s NOT deductible:
| Expense | Why Not |
|---|---|
| Commuting (home to regular office) | Personal expense, never deductible |
| Travel for a trip primarily personal | Must be “primarily for business” |
| Spouse’s travel expenses | Unless spouse is an employee with a business purpose |
| Personal sightseeing during a business trip | Only business days/activities deductible |
| Lavish or extravagant expenses | IRC 162(a)(2) |
The “primarily for business” test (domestic travel):
| Days on Trip | Business Days | Personal Days | Deductibility |
|---|---|---|---|
| 5 days | 4 business, 1 personal | Weekend sightseeing | Transportation: 100% (primarily business). Lodging/meals: only business days |
| 5 days | 2 business, 3 personal | Extended vacation | Transportation: NOT deductible (primarily personal). Lodging/meals: only business days |
The international travel rule (different from domestic): For trips outside the US lasting more than 7 days where personal activities exceed 25% of the trip:
| Trip | Allocation |
|---|---|
| 10 days international, 7 business + 3 personal | Airfare: allocated 70% deductible (7/10). Lodging/meals: business days only |
Domestic trips do not require airfare allocation. If the trip is primarily business, the entire round-trip airfare is deductible.
Per diem rates (simplified substantiation):
| Location | 2025 GSA Lodging Rate (varies) | M&IE Rate |
|---|---|---|
| Standard (most US cities) | $107/night | $68/day |
| High-cost cities (NYC, SF, DC) | $200-$400+/night | $79/day |
Using per diem for meals: instead of keeping every individual meal receipt, the taxpayer can use the GSA M&IE rate as the deduction. The standard $68/day M&IE rate ($79 high-cost) applies automatically. Only 50% of the meal component is deductible. The lodging per diem is available only to employers reimbursing employees; self-employed individuals must use actual lodging costs with receipts.
How does a business owner maximize travel deductions?
Start with a Diagnostic: a CPA licensed in the US and Canada reads your file and answers in writing, three to four business days after you finish the questions. $250 for cross-border, $195 for a second opinion on a filed return, and it comes straight off the bill if we do the work after. Or book a free 15-minute fit call first.
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Yarik Yarosh, CPA. "Business Travel Deduction Rules: The Overnight Test, Per Diems, and What You Can Write Off." Blue Cloud CPA, September 5, 2026. https://bluecloudcpa.com/guides/small-business-travel-deduction-rules-overnight-test
This guide is general information, not tax advice for your specific situation. Which points apply, and how, depends on your facts.