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Ed Johnson
Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience:  GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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I live in one county but work in another 2 hours away. I rent

Customer Question

I live in one county but work in another 2 hours away. I rent an apartment during the week and return to my home on the weekends.Can I deduct the rent on my apartment? Can I deduct the mileage driving to and from my home to my apartment?
Submitted: 8 years ago.
Category: Tax
Expert:  Ed Johnson replied 8 years ago.

DearCustomer

 

Thank you for your question.

 

This situation is referred to as working away from home.

 

If such work is expected to be temporary, meaning that you expect it not to last more than one year, then you can deduct some expenses such as transportation, meals (one meal a day at 50%), and lodging. BUT if you expect this to be one year or longer, then the expenses are not taxable.

 

Reference: http://www.irs.gov/pub/irs-pdf/p463.pdf

 

Customer: replied 8 years ago.
Perhaps I should have been more precise. My permanenet adress is in Monroe County. I work for a school district in Cayuga County which is aXXXXXone way. I drive to a rented apartment in Cayuga County on Sunday and stay there until Friday afternoon when I drive back to Monroe county. During the week, I live in the apartment and commute from there to the school. The school district does not require that I live within the town or the county to be employed there. This is not a temporary assignement. the question is: Can I deduct the rent from my apartment and/or can I deduct the mileage incurred from drving back and forth to my apartment?
Expert:  Ed Johnson replied 8 years ago.

DearCustomer

 

Thank you for your additional information.

 

Because this is not temporary employment, this would be considered your tax home, and the rental expenses are not tax deductable.

 

Regardless of where your "permanent home is", that is where your family is and where you travel home on weekends, that fact that you are living and working in Cayuga county makes it your "tax home", and the expenses are not tax deductable.

 

The example from the IRS website:

Generally, your tax home is the entire city or general area where your main place of business or work is located, regardless of where you maintain your family home. For example, you live with your family in Chicago but work in Milwaukee where you stay in a hotel and eat in restaurants. You return to Chicago every weekend. You may not deduct any of your travel, meals, or lodging in Milwaukee because that is your tax home. Your travel on weekends to your family home in Chicago is not for your work, so these expenses are also not deductible. If you regularly work in more than one place, your tax home is the general area where your main place of business or work is located.

 

REFERENCE: http://www.irs.gov/taxtopics/tc511.html