Hi,

I am a resident of NJ and currently work in NYC i.e travel everyday to work by train/subway. My payroll is generated from NJ employer. Would I be eligible for claiming some per diem (non-taxable) amount since I am working out of state and traveling everyday?

Thanks

No - per diem is intended to compensate for living expenses while on a temporary assignment away from home. To qualify for per diem tax-free reimbursement, the work assignment (a) must be at a location at least 50 miles from your tax home, (b) must require living away from home, and (c) must be considered a temporary assignment, meaning you expect to work in NYC for less than one year. So daily commuting costs do not qualify.

By the way, since you mention your employer is in NJ - I trust that they are withholding NY State income tax from your pay check, and not NJ taxes, correct?