What Is Per Diem for Construction Workers?

What construction per diem covers, when it is tax-free, and how it affects overtime and Davis-Bacon prevailing-wage pay.

Illustration of a construction worker’s pay stub showing $178 per day in per diem, alongside jobsite travel, lodging, meals, and calendar icons.
Frequently asked questions about per diem construction
Is per diem taxable income for construction workers?

Per diem is not automatically taxable or tax-free. Under an IRS accountable plan, qualifying amounts can be excluded from wages when the payment has a business connection, the worker substantiates the trip, and excess amounts are returned.
Simply labeling a payment “per diem” does not make it tax-free. Amounts that fail the accountable-plan rules are treated under a nonaccountable plan, and the taxable portion must be included in wages.

What is the IRS accountable plan rule for per diem?

The IRS accountable plan rule requires three things before a per diem construction payment can be excluded from wages: a business connection to the travel, timely substantiation of dates and location, and return of any amount paid above the substantiated allowance.
Using the federal per diem method lets a worker skip itemizing every meal receipt, but it does not remove the requirement to document the trip itself. IRS Publication 463 governs travel expenses for taxpayers away from home, including per diem.

How much per diem can a contractor pay tax-free in 2026?

For travel from October 1, 2025 through September 30, 2026, the standard GSA CONUS rate is $178 a day: $110 for lodging plus $68 for meals and incidentals. Private employers using federal per diem methods still need to apply the accountable-plan and substantiation rules.
Rates are higher in some localities, with M&IE tiers reaching $92 a day. Contractors should use the rate that applies to the worker’s qualifying travel location and check GSA or IRS guidance for exceptions.

Does living 50 miles from home automatically qualify a worker for per diem?

No. There’s no mileage-based rule anywhere in the tax code for construction per diem. What actually decides eligibility is whether the worker is away from their tax home long enough to need sleep or rest, not the distance from home to the jobsite.
Some companies use a 50-mile or similar distance rule purely as an internal policy trigger for deciding who qualifies under their own plan, but that trigger has no bearing on how the IRS classifies the payment for tax purposes.

Does per diem count toward Davis-Bacon prevailing-wage fringe benefits?

No. Ordinary travel and subsistence reimbursements generally cannot be used as Davis-Bacon fringe-benefit credit. The exact treatment depends on the payment and the facts of the job.
Contractors should track the required base wage and qualifying fringe benefits separately from ordinary travel allowances, then evaluate any unusual payment under current DOL rules.

Can per diem be excluded from overtime pay calculations?

A reasonable reimbursement for actual or reasonably approximate business travel expenses can generally be excluded from the FLSA regular rate. This overtime test is separate from the IRS accountable-plan rules used for tax treatment.
Payments for ordinary personal expenses, or amounts that function as compensation rather than reimbursement, may need to be included in the regular rate.

What's the difference between per diem, mileage reimbursement, and travel-time pay?

Per diem covers lodging and meals for overnight stays away from home, mileage reimbursement covers a personal vehicle’s cost using the standard mileage rate, and travel time between job sites is paid separately under federal wage-and-hour rules, not per diem’s expense rules.
A worker on a multi-day out-of-town assignment might earn all three in the same pay period: nightly per diem, mileage for miles driven, and compensable travel time for hours spent moving between sites.

Do H-2B construction workers get separate subsistence rules?

Yes. H-2B employers can carry separate legal obligations for inbound and outbound transportation costs and daily subsistence payments owed to H-2B construction workers, distinct from any voluntary per diem policy the same employer applies to its regular, non-H-2B crews.
These H-2B transportation and subsistence rules come from Department of Labor guidance specific to the visa program, and should not be assumed to work the same way as a company’s general per diem policy for its regular workforce.

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