Some Important Pennsylvania Per Diem Laws
While the GSA sets per diem rates for federal travel, the legal landscape for private employers in Pennsylvania is shaped by its own state laws, particularly concerning wage payment and tax regulations.
Pennsylvania Wage Payment and Collection Law (WPCL)
This is the key statute governing employee pay. The WPCL does not mandate that employers reimburse business expenses or pay a per diem. However, if an employer establishes a policy or enters into an agreement (written or oral) to reimburse expenses, these reimbursements are considered "fringe benefits" or "wage supplements." Under the law, the employer is then legally obligated to pay them. This law provides a strong mechanism for employees to enforce their employer's own travel expense policies.
Deductions from Wages
The WPCL also strictly regulates what an employer can deduct from an employee's paycheck. An employer generally cannot deduct the cost of a business expense from an employee's wages, as these are costs that benefit the employer.
Tax Deductions for Unreimbursed Expenses
For employees who have work-related expenses that are not reimbursed by their employer, Pennsylvania allows these to be deducted on the state income tax return via PA Schedule UE. However, the state has a very important rule for this: expenses must be claimed based on actual costs with receipts, not estimates. Pennsylvania explicitly prohibits using federal per diem rates as a substitute for actual expenses when filing for this tax deduction.
Pennsylvania Per Diem Laws vs Federal Law
The approach to per diem and travel expenses in Pennsylvania differs significantly for private sector employees compared to federal employees. Here are the key differences:
Primary Applicability
- Federal Law (GSA): Applies directly to federal government employees traveling to or within Pennsylvania.
- Pennsylvania Law: The Wage Payment and Collection Law applies to private-sector employees, enforcing reimbursement if it is part of an employment agreement or policy.
Rate Setting and Usage
- Federal Law (GSA): The GSA establishes specific per diem rates for lodging and M&IE for various Pennsylvania counties. Federal agencies must use these rates.
- Pennsylvania Law: The state does not set its own per diem rates. Private employers can create their own reimbursement policies (using per diem or actual costs) and are legally bound by them. Many use GSA rates as a convenient and fair benchmark.
Legal Focus
- Federal Law (GSA): Focuses on standardizing travel allowances and capping costs for government travel.
- Pennsylvania Law: Focuses on enforcing the agreement between an employer and employee. If reimbursement is promised, the law ensures it is paid.
Tax Implications for Unreimbursed Expenses
- Federal Law: Federal tax law allows for certain deductions of unreimbursed business expenses, sometimes using per diem as a basis (subject to IRS rules).
- Pennsylvania Law: State tax law allows employees to deduct unreimbursed business expenses, but explicitly forbids using per diem rates for this calculation, requiring proof of actual costs.
How Fyle Can Automate Per Diem and Expense Tracking
Keeping track of the varying per diem rates across Pennsylvania's 67 counties—from Philadelphia to Pittsburgh and everywhere in between—can be a significant administrative challenge. Automating this process ensures accuracy, compliance with your company's policy, and saves countless hours.
Fyle provides an intelligent expense management platform perfectly suited to handle these complexities:
- Location-Based Rate Automation: Fyle automatically applies the correct GSA per diem rates based on the employee's travel destination within Pennsylvania and the trip duration, including the 75% M&IE rule for travel days.
- Customizable Policy Controls: Build your company's expense policies directly into Fyle. You can set different rules for various employee roles, enforce spending limits, and get real-time alerts for any out-of-policy submissions.
- Simplified Expense Reporting: Employees can report expenses on the go. Whether it's a hotel folio or a meal receipt, they can submit it instantly through the Fyle mobile app or by forwarding it from their email—no more collecting paper receipts.
- Proactive Compliance: Fyle's smart engine checks every expense against your policies before it's submitted. This pre-approval compliance check drastically reduces the workload for finance teams and ensures all reports are accurate.
- Built-in Mileage Tracking: When employees drive their personal vehicles for business in Pennsylvania, Fyle's integrated mileage tracker uses Google Maps to log miles accurately, simplifying reimbursement and ensuring IRS compliance.
- Seamless Accounting Sync: Fyle connects directly with leading accounting software like QuickBooks, Xero, NetSuite, and Sage Intacct, automating the flow of approved expense data into your books and eliminating manual data entry.
By leveraging Fyle, you can master per diem management for travel in Pennsylvania, ensuring both compliance and a smooth, hassle-free experience for your employees.