Employee truck (and other transport) drivers who have been required to sleep away from home overnight due to work have new rules relating to travel expense claims. These new rules take effect from 1 July 2017, meaning the drivers affected need to make adjustments as soon as possible.
The cost of meals or accommodation is generally a non-deductible private expense unless the occasion of the outgoing gives the expenditure the essential character of a working expense. A typical example of this is expenditure incurred while away from home.
For a truck driver to claim a deduction for meals, there must have been:
However, an employee truck driver is not required to keep a tax receipt for every meal expense if the driver was:
The ATO has recently re-released TD 2017/19. This determination runs through what the Commissioner of Taxation considers a reasonable amount in respect of claims for meal expenses when travelling away from home overnight.
“Where a travel allowance is received and the claim does not exceed the ATO-published ‘reasonable amount’, the truck driver does not need to keep receipts for every meal.”
In the updated determination, the Commissioner has changed the method of calculating of reasonable amounts for employee truck drivers. Instead of the reasonable amount based on a daily rate, it is now based on the type of meal that the driver would have eaten.
The ATO accepts that a truck driver may eat their meals at unconventional times. However, the deduction allowable is based on the type of meal that the driver consumed in the course of work travel. This is of particular importance on days which travel commences and ends, as well as situations where certain meals are not taken (ie drivers sleeping during the day).
Reasonable amounts for employee truck drivers
| From 1 July 2017, the maximum deductible employee truck driver’s meal (food and drink) amount without tax receipts is: | ||
| Breakfast | Lunch | Dinner |
| $24.25 | $27.65 | $47.70 |
“From 1 July 2017, the method of calculating reasonable amounts for employee truck-driver meal expenses changed — instead of a fixed daily rate, deductions are based on the type of meal consumed.”
Employee truck drivers will have access to information that can verify the times that they were driving the truck for work-related purposes, including overnight trips. Not only can a work diary be maintained by employee truck drivers, the information is already recorded for fatigue management purposes. These documents can determine when meal breaks were taken and can be used to tally up the appropriate number of claims.
In accordance with the substantiation requirements of ITAA 1997 Div 900, formal tax receipts are not necessary for amounts claimed below the reasonable amount. However, your client should still be able to demonstrate the basis for their claims.
Businesses in the freight industry (or other industry that employs overnight drivers) may use the old daily rate in calculating the travel allowance on overnight trips.
An opportunity may exist for businsesses in these industries to restructure employment arrangements with their drivers. This could reduce PAYG withholding obligations based on a more accurate split between wages and allowances.
Please contact us for more information, if you have any queries in regards to the changes to overnight meal deductions for employee truck drivers.
Martin van der Saag
Director
T: 02 9984 7774
E: martinv@northadvisory.com.au
Norman Ruan
Accountant
T: 02 9984 7774
E: normanr@northadvisory.com.au

As Director and Business Advisor, Marius uses his accounting expertise and empathetic skills to work directly with business owners and help them feel at ease with their finances.
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This means deductions are now calculated based on what meal was eaten (breakfast, lunch, dinner), not simply a flat daily sum.
This simplification reduces the record-keeping burden for drivers claiming meal expenses, provided the conditions are met and allowance is genuine.
Regular commuting or meals at home don’t qualify; the deduction is tied to genuine work-related travel requiring sleep/rest away from home.
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A deduction is allowed if the driver was required to sleep away from home overnight (or take a designated rest period away from home), received a travelling allowance, and incurred meal costs not reimbursed by the employer.
Not always. If the amount claimed for a meal is equal to or below the ATO’s “reasonable amount” for that meal type, then detailed receipts are not required.
For the 2017/18 income year the reasonable amounts (without needing receipts) are: Breakfast — A$24.25, Lunch — A$27.65, Dinner — A$47.70.
No — the deduction applies only when the driver is required to rest or sleep away from home due to the job. Ordinary daily meals taken while at home are generally considered private and non-deductible.
Though receipts may not be needed under the “reasonable amount” rule, the driver should keep a work diary or fatigue/rest log (which many transport employers already require), showing when the travel or overnight stay occurred, and that a travelling allowance was received.
Yes, but only in certain situations. Meal expenses are usually a private (non-deductible) cost unless they are incurred due to work travel away from home overnight.
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