Trucking & Transportation Tax: Owner-Operators, Per Diem & Depreciation

Owner-Operator vs. Employee • Per Diem $69/day • 100% Bonus Depreciation • IFTA • §199A for Trucking
IRC §162IRC §168IRC §274(n)
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Trucking is one of the most tax-intensive industries in the US - high capital costs for equipment, complex driver classification issues, multi-state operations creating nexus in dozens of jurisdictions, and a dedicated per diem deduction that most drivers underutilize. Owner-operators running their own authority face every tax issue a small business faces plus the unique challenges of an industry where the primary asset depreciates on the highway. Getting depreciation timing, driver classification, and per diem right can mean tens of thousands of dollars annually.

The Four Core Tax Issues in Trucking

Depreciation: A Class 8 semi-truck is a 5-year MACRS asset eligible for 100% bonus depreciation under OBBBA P.L. 119-21. A $180,000 truck placed in service in 2026 can be fully deducted in year one. Trailers are 5-year property. Refrigeration units and sleeper cabs are part of the truck. DOT-required ELD devices and communication equipment are 5-year property.

Per diem: Over-the-road drivers who are away from home overnight may deduct a per diem for meals and incidentals. The IRS special transportation industry per diem rate for 2026 is $69 per full day and $51.75 (75%) for partial days of travel. Only 80% of per diem is deductible for self-employed drivers under §274(n).

Owner-operator classification: Is the driver an employee of the carrier or an independent contractor? This is the most litigated classification issue in transportation, affecting FICA obligations, benefit plans, and deductibility of expenses.

Multi-state apportionment: Trucking companies with operations across state lines apportion income using miles-based formulas in most states, creating filing obligations in every state where trucks travel.

Owner-Operators: The Schedule C or S-Corp Decision

An owner-operator who owns their truck and operates under their own DOT authority is a self-employed sole proprietor by default - filing Schedule C, paying SE tax on net earnings. The entity choice question is identical to other service businesses: at what income level does the S-corp election save more in SE tax than it costs in additional compliance? For a trucking owner-operator netting $120,000 annually after expenses, an S-corp with $65,000 in reasonable wages and $55,000 in K-1 distributions saves approximately $7,700 in SE tax - generally enough to justify the S-corp's additional accounting costs.

A lease-on arrangement - where an owner-operator leases their truck to a carrier under the carrier's authority - creates a different analysis. The owner-operator is still self-employed for tax purposes (the lease-on does not create an employment relationship if structured properly), but the carrier's control over dispatching and operations can push the arrangement toward employee status under the common law tests.

California AB5 and similar state laws have reclassified many owner-operators as employees at the state level. A trucking company that treats California drivers as independent contractors for federal purposes may still owe California employment taxes if the ABC test applies. Several other states have followed California's lead. Federal independent contractor status does not automatically protect against state reclassification - the analysis must be done state by state for multi-state fleets.

Per Diem: The Most Underused Trucking Deduction

The IRS special transportation industry per diem rate allows over-the-road drivers to deduct a daily amount for meals and incidental expenses without maintaining receipts for every meal. For 2026, the rate is $69 per full day away from home and $51.75 for partial days (the first and last days of a trip). Self-employed drivers deduct 80% of per diem under §274(n) - so a driver away from home 250 full days per year generates a $13,800 deduction (250 x $69 x 80%). This deduction requires only documentation of overnight travel days, not meal receipts.

Employee drivers at companies that pay a per diem allowance can receive up to the federal rate tax-free. Amounts paid above the federal rate are includible in wages. Many trucking companies pay per diem as a separate line item on the paycheck rather than embedded in base wages - this reduces the employee's gross wages, reducing both income tax and FICA on the per diem portion.

Depreciation: Trucks, Trailers, and Equipment

Under MACRS, trucks with a GVWR above 6,000 lbs are 5-year property. Class 8 semi-trucks, refrigerated trailers, flatbed trailers, and tankers are all 5-year property eligible for 100% bonus depreciation. A carrier that acquires a $200,000 truck and a $60,000 trailer in 2026 can deduct the full $260,000 in year one under bonus depreciation - generating a first-year deduction that eliminates taxable income entirely and may create a net operating loss carryforward.

Bonus depreciation restored to 100% under OBBBA creates significant first-year deductions for fleet expansions. A trucking company that grows its fleet by five trucks in 2026 at $180,000 per truck generates $900,000 of first-year depreciation. Against $1.2 million of net income, this produces only $300,000 of taxable income - saving approximately $126,000 in federal income tax at the 21% corporate rate. Planning fleet acquisitions to maximize depreciation in high-income years is a primary tax strategy for carriers of all sizes.

IFTA: The Interstate Fuel Tax

The International Fuel Tax Agreement (IFTA) simplifies fuel tax reporting for carriers operating in multiple member jurisdictions (48 contiguous US states and 10 Canadian provinces). Under IFTA, a carrier registers in its base jurisdiction and files quarterly reports showing miles traveled and fuel purchased in each jurisdiction. IFTA calculates the net fuel tax owed to or due from each jurisdiction based on fuel consumption per mile. IFTA applies to qualified motor vehicles - vehicles with a GVWR over 26,000 lbs or three or more axles regardless of GVWR.

IFTA is not a federal tax - it is administered by each member jurisdiction. Failure to file IFTA returns on time results in penalties from the base jurisdiction. Audits by any member state can review all IFTA-related records. Accurate mileage logs and fuel receipts by state are essential - IFTA auditors reconcile reported miles against GPS records, fuel card data, and weigh station crossing records.

§199A and Trucking

Trucking qualifies as a trade or business for the §199A qualified business income deduction. A sole proprietor or S-corp owner-operator with QBI below the threshold amounts ($201,750 single / $403,500 MFJ for 2026) deducts 20% of QBI without limitation. Above the threshold, the W-2 wage limitation applies - trucking companies with significant payroll tend to pass the W-2 wage limitation more easily than service businesses with minimal employees. Owner-operators with a single truck and no employees may be limited above the threshold.

Authority: IRC §168 (MACRS depreciation - trucks GVWR over 6,000 lbs are 5-year property; trailers 5-year property; 100% bonus depreciation restored under OBBBA P.L. 119-21 for property placed in service after January 19, 2025); IRC §179 (§179 expensing - SUVs and trucks limited to $30,500 for 2026; Class 8 semi-trucks not subject to SUV limit - full §179 available); Rev. Proc. 2019-48 (special transportation industry per diem rates - $69 per full day and $51.75 for partial travel days; applicable to over-the-road drivers; updated annually in IRS Notice); IRC §274(n) (50% limitation on meal expenses - for transportation workers subject to DOT hours of service, 80% of per diem is deductible rather than 50%); Rev. Proc. 2011-47 (accountable plan rules for employer per diem payments to employees - amounts at or below federal rate excluded from wages; amounts above rate included in wages); IFTA Articles of Agreement (International Fuel Tax Agreement - quarterly reporting of miles and fuel by jurisdiction; base jurisdiction registration; audit authority of any member jurisdiction; 48 contiguous states plus 10 Canadian provinces); IRC §199A(b) (§199A QBI deduction for trucking - qualified trade or business; W-2 wage limitation applies above income thresholds; $201,750/$403,500 thresholds for 2026 per Rev. Proc. 2025-32); ABC test - California Labor Code §2775 et seq. (California AB5 independent contractor classification - trucking exemption partially struck down; federal authority exception under FAAAA may preempt some state requirements; active litigation).