Tax HomeTo deduct travel expenses, you must first determine the location ofyour tax home. Generally, your tax home is your regular place of business or postof duty, regardless of where you maintain your family home. Itincludes the entire city or general area in which yourbusiness or work is located. If you have more than one regular placeof business, your tax home is your main place of business. SeeMain place of business or work, later. If you do not have aregular or a main place of business because of the nature of yourwork, then your tax home may be the place where you regularly live.See No main place of business or work, later. If you do not have a regular place of business or post of duty andthere is no place where you regularly live, you are considered atransient (an itinerant) and your tax home is wherever you work. As atransient, you cannot claim a travel expense deduction because you arenever considered away from home. Main place of business or work.If you have more than one place of work, consider the followingwhen determining your main place of business or work. - The total time you ordinarily spend working in eacharea.
- The degree of your business activity in each area.
- The relative amount of your income from each area.
Example.You live in Cincinnati where you have a seasonal job for 8 monthseach year and earn $25,000. You work the other 4 months in Miami, alsoat a seasonal job, and earn $9,000. Cincinnati is your main place ofwork because you spend most of your time there and earn most of yourincome there. No main place of business or work.You may have a tax home even if you do not have a regular or mainplace of work. Your tax home may be the home where you regularly live. Factors used to determine tax home.hoteles BrnoIf you do not have a regular or main place of business or work, usethe following three factors to see if you have a tax home. - You perform part of your business in the area of your mainhome and use that home for lodging while doing business in thearea.
- You have living expenses at your main home that youduplicate because your business requires you to be away from thathome.
- You have not abandoned the area in which both yourtraditional place of lodging and your main home are located; you havea member or members of your family living at your main home; or youoften use that home for lodging.
If you satisfy all three factors, your tax home is the home whereyou regularly live, and you may be able to deduct travel expenses. Ifyou satisfy only two factors, you may have a tax home depending on allthe facts and circumstances. If you satisfy only one factor, you are atransient; your tax home is wherever you work and you cannot deducttravel expenses. Example 1.You are single and live in Boston in an apartment you rent. Youhave worked for your employer in Boston for a number of years. Youremployer enrolls you in a 12-month executive training program. You donot expect to return to work in Boston after you complete yourtraining. During your training, you do not do any work in Boston. Instead,you receive classroom and on-the-job training throughout the UnitedStates. You keep your apartment in Boston and return to it frequently.You use your apartment to conduct your personal business. You alsokeep up your community contacts in Boston. When you complete yourtraining, you are transferred to Los Angeles. You do not satisfy factor (1) because you did not work in Boston.You satisfy factor (2) because you had duplicate living expenses. Youalso satisfy factor (3) because you did not abandon your apartment inBoston as your traditional home, you kept your community contacts, andyou frequently returned to live in your apartment. You have a tax homein Boston for travel expense deduction purposes. Example 2.You are an outside salesperson with a sales territory coveringseveral states. Your employer's main office is in Newark, but you donot conduct any business there. Your work assignments are temporary,and you have no way of knowing where your future assignments will belocated. You have a room in your married sister's house in Dayton. Youstay there for one or two weekends a year, but you do no work in thearea. You do not pay your sister for the use of the room. You do not satisfy any of the three factors listed earlier. You area transient and have no tax home. Because you are never away fromhome, you cannot deduct the cost of your meals and lodging as travelexpenses. Living away from your tax home.If you (and your family) live in an area outside your tax home(main place of work), you cannot deduct the cost of traveling betweenyour tax home and your family home. You also cannot deduct the cost ofmeals and lodging while at your tax home. See Example 1that follows. If you are working temporarily in the same city where you and yourfamily live, you may be considered as traveling away from home. SeeExample 2, below. Example 1.You are a truck driver and you and your family live in Tucson. Youare employed by a trucking firm that has its terminal in Phoenix. Atthe end of your long runs, you return to your home terminal in Phoenixand spend one night there before returning home. You cannot deduct anyexpenses you have for meals and lodging in Phoenix or the cost oftraveling from Phoenix to Tucson. This is because Phoenix is your taxhome. Example 2.Your family home is in Pittsburgh, where you work 12 weeks a year.The rest of the year you work for the same employer in Baltimore. InBaltimore, you eat in restaurants and sleep in a rooming house. Yoursalary is the same whether you are in Pittsburgh or Baltimore. Because you spend most of your working time and earn most of yoursalary in Baltimore, that city is your tax home. You cannot deduct anyexpenses you have for meals and lodging there. However, when youreturn to work in Pittsburgh, you are away from your tax home eventhough you stay at your family home. You can deduct the cost of yourround trip between Baltimore and Pittsburgh. You can also deduct yourpart of your family's living expenses for meals and lodging while youare living and working in Pittsburgh. You may regularly work within the city or general area of your taxhome and also work at another location. It may not be practical toreturn home from this other location at the end of each work day. If your assignment or job away from your main place of work istemporary, your tax home does not change. You areconsidered to be away from home for the whole period you are away fromyour main place of work. Your travel expenses are deductible.Generally, a temporary assignment in a single location is one that isrealistically expected to last (and does in fact last) for one year orless. However, if your assignment or job is indefinite, thelocation of the assignment or job becomes your new tax home and youcannot deduct your travel expenses while there.An assignment or job in asingle location is considered indefinite if it is realisticallyexpected to last for more than one year, whether or not it actuallylasts for more than one year. If your assignment is indefinite, you must include in your incomeany amounts you receive from your employer for living expenses, evenif they are called travel allowances and you account to your employerfor them. You may be able to deduct the cost of relocating to your newtax home as a moving expense. See Publication 521, MovingExpenses, for more information. Exception for federal crime investigations or prosecutions.If you are a federal employee participating in a federal crimeinvestigation or prosecution, you are not subject to the one-year rulefor deducting temporary travel expenses. This means you may be able todeduct travel expenses even if you are away from your tax home formore than one year. For you to qualify, the Attorney General must certify that you aretraveling: - For the federal government,
- In a temporary duty status, and
- To investigate or prosecute, or provide support services forthe investigation or prosecution of, a federal crime.
You can deduct your otherwise allowable travel expensesthroughout the period of certification.Determining temporary or indefinite.You must determine whether your assignment is temporary orindefinite when you start work. If you expect employment to last forone year or less, it is temporary unless there are facts andcircumstances that indicate otherwise. Employment that is initiallytemporary may become indefinite due to changed circumstances. A seriesof assignments to the same location, all for short periods but thattogether cover a long period, may be considered an indefiniteassignment. The following examples illustrate when you can and cannot deducttravel expenses for a temporary assignment. Example 1.You are a construction worker. You live and regularly work in LosAngeles. You are a member of a trade union in Los Angeles that helpsyou get work in the Los Angeles area. Because of a shortage of work,you took a job on a construction project in Fresno. Your job wasscheduled to end in eight months, and you planned to return to LosAngeles at that time. The job actually lasted 10 months, after whichtime you returned to Los Angeles. Your family continued to live inyour home in Los Angeles. While in Fresno, you lived in a trailer you own. You returned toLos Angeles most weekends and maintained contact with the local unionto see if you could get work in Los Angeles. You realisticallyexpected the job in Fresno to last eight months. The job actually didlast less than one year. Because you expected to return home when itended, your tax home is in Los Angeles for travel expense deductionpurposes. Example 2.The facts are the same as in Example 1, except that yourealistically expected the work in Fresno to last 18 months. The jobactually was completed in 10 months. Your job in Fresno is indefinite because you realistically expectedthe work to last longer than one year, even though it actually lastedless than one year. You cannot deduct any travel expenses you had inFresno. Example 3.The facts are the same as in Example 1, except that yourealistically expected the work in Fresno to last 9 months. After 8months, however, you were asked to remain for 7 more months (for atotal actual stay of 15 months). Initially, you realistically expected the job in Fresno to last foronly 9 months. However, due to changed circumstances occurring after 8months, it was no longer realistic for you to expect that the job inFresno would last for one year or less. You can only deduct yourtravel expenses for the first 8 months. You cannot deduct any travelexpenses you had after that time. Going home on days off.If you go back to your tax home from a temporary assignment on yourdays off, you are not considered away from home while you are in yourhometown. You cannot deduct the cost of your meals and lodging there.However, you can deduct your travel expenses, including meals andlodging, while traveling from the area of your temporary place of workto your hometown and back to work. You can claim these expenses up tothe amount it would have cost you for meals and lodging had you stayedat your temporary place of work. ERROR MSGIf you keep your hotel room during your visit home, you can deductthe cost of your hotel room. In addition, you can deduct your expensesof returning home up to the amount you would have spent for meals hadyou stayed at your temporary place of work. Probationary work period.If you take a job that requires you to move, with the understandingthat you will keep the job if your work is satisfactory during aprobationary period, the job is indefinite. You cannot deduct any ofyour expenses for meals and lodging during the probationary period. hotel hilton BauskaMembers of the Armed Forces.ERROR MSGIf you are a member of the U.S. Armed Forces on a permanent dutyassignment overseas, you are not traveling away from home. You cannotdeduct your expenses for meals and lodging. You cannot deduct theseexpenses even if you have to maintain a home in the United States foryour family members who are not allowed to accompany you overseas. Ifyou are transferred from one permanent duty station to another, youmay have deductible moving expenses, which are explained inPublication 521. A naval officer assigned to permanent duty aboard a ship that hasregular eating and living facilities has a tax home aboard ship fortravel expense purposes. |