Does North Carolina require a private employer to pay mileage?
No. G.S. 138-6 covers state departments, institutions and agencies, so a private employer owes what its own policy promises. The federal business rate is the figure most policies adopt.
North Carolina pays state travelers the federal business rate by statute, so 72.5 cents became 76 on July 1 with no state action. A private employer owes nothing under that law.
North Carolina writes the federal rate into its own law. G.S. 138-6 pays a state employee the IRS business standard mileage rate for a privately owned car, which is 72.5 cents per mile through June 30, 2026 and 76 cents per mile from July 1, plus the tolls actually paid. The same subsection gives a private employer no duty at all, and it turns any other law that points at this rate into 25 cents a mile. A state travel claim is due within 30 days after the travel period ends, and the drive from home to the regular duty station is not reimbursable.
The statute does not name a figure that someone revises each year. It adopts the business standard mileage rate the Internal Revenue Service sets, adds the tolls the traveler actually paid, and leaves the amount to change whenever the federal rate changes.
The design answers the question directly. North Carolina's travel rate is the federal rate on the date of the trip, so no state publication has to be amended when the Internal Revenue Service moves the figure.
| Question | What G.S. 138-6 says |
|---|---|
| Which miles are paid | Miles driven in a privately owned automobile on official business, at the IRS business rate, plus tolls actually paid |
| Which miles are not | The drive from home to the duty station in connection with regularly scheduled work hours |
| How long you have | The request is filed within 30 days after the travel period ends |
| What another law gets | A law that sets a rate by referring to this one instead sets 25 cents a mile |
G.S. 138-6(a)(1) and G.S. 138-6(c), read as the four questions a claim turns on.
The statute covers state departments, institutions and agencies that pay travel from funds deposited with the State Treasurer, so it sets nothing for a private payroll. A private claim follows the employer's written policy, and most policies take the federal business rate, which is 72.5 cents per mile through June 30, 2026 and 76 cents per mile from July 1.
The 25-cent line is worth reading before you quote a state figure in a private dispute. It exists to stop an old statute from inheriting a modern rate, and it shows that a rate written by reference is not a number the state stands behind on its own.
The Office of State Budget and Management publishes these figures. It binds state departments, institutions and agencies that pay travel from funds deposited with the State Treasurer. The rate does not reach a private employer.
The figure is the federal business rate by reference, so the July increase reached state travel without a new statute, a rule or a review.
A private claim sits outside the statute. Its figure comes from the employer's policy, usually the same federal rate the state pays its own travelers.
| Applies to | Amount |
|---|---|
| Privately owned automobile, Jan 1 – Jun 30, 2026 | 72.5 cents per mile |
| Privately owned automobile, from Jul 1, 2026 | 76 cents per mile |
| Tolls paid on the same trip | Actual cost, in addition to mileage |
Source: Office of State Budget and Management: travel on state business.
The IRS moved the business standard mileage rate mid-year, so a 2026 trip prices by its date. This is the benchmark an employer's rate method usually follows.
| Period | Federal business rate | What it means for a claim here |
|---|---|---|
| January 1 – June 30, 2026 | 72.5 cents per mile | North Carolina pays this rate by statute, so a first-half trip prices here with no state figure in between. |
| July 1 – December 31, 2026 | 76 cents per mile | The July increase became North Carolina's travel rate on the day it took effect, because the statute points at the federal figure. |
Both 2026 federal periods, and how each one reaches this state.
The IRS has not published a standard mileage rate for 2027. Until it does, two things decide what a trip pays: the year you drove it and the date within that year. A 2026 trip pays 72.5 cents per mile through June 30 and 76 cents per mile from July 1. Miles driven from January 1, 2027 will use whatever figure the IRS publishes next.
The next year's rate has arrived in December in each of the last nine years, between December 14 and December 31. An announcement is not always the last word. The IRS raised the 2026 figure on July 1, halfway through the year, so a 2027 claim may need two rate periods.
A state that publishes a rate for its own travelers follows its own calendar, so it can publish the next period before the IRS does. A private employer's rate changes when its own policy changes, or when the benchmark that policy follows moves. It does not change because the calendar year turns.
The rate by reference, the 25-cent clause for other laws, the commute exclusion and the 30-day filing window.
The agency guidance that sends state travelers to the IRS business rate and repeats the 30-day window.
The announcement that set the federal business rate for that period.
The announcement that set the federal business rate for that period.
No. G.S. 138-6 covers state departments, institutions and agencies, so a private employer owes what its own policy promises. The federal business rate is the figure most policies adopt.
G.S. 138-6(a)(1) says a law that sets a mileage rate by referring to the state rate instead sets 25 cents a mile. The clause stops an old statute from picking up the current federal figure by accident.
Not for a state traveler. The statute excludes a personal car used to commute from home to the duty station in connection with regularly scheduled hours. Travel between work sites, or to a customer, is official business.
Only if the rate you are paid follows the federal figure: trips through June 30, 2026 price at 72.5 cents per mile and trips from July 1 at 76 cents per mile. A rate the employer sets on its own applies to the whole year, and a statutory duty is owed either way.
Explore official tax authority rate tables, compliance guides, and printable mileage log templates.