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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1408
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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When a couple is married, then there is an unofficial separation,

Resolved Question:

When a couple is married, then there is an unofficial separation, but the husband (who has moved out) is still paying the mortgage payments and utilities, can he still claim this as his legal residence for tax purposes?

Thank you.
Submitted: 4 years ago.
Category: Tax
Expert:  Jax Tax replied 4 years ago.

Jax Tax : If there is no legal separation or divorce, then the person is still considered married. His marital status however has no bearing on the questions you have.
Jax Tax : Your question is in regards XXXXX XXXXX residence. Unfortunately, the IRS defines legal residency differently for various different tax principles.
Jax Tax : Can you be more specific in regards XXXXX XXXXX exactly the benefit claimed, credit, or deduction you are referring to?
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Expert:  Jax Tax replied 4 years ago.
When you are online and respond, please give me 5 minute to be alerted and sign on. We will sort this out.
Customer: replied 4 years ago.
It is an issue of a "home office." When I clearly had residence in the home, this was not an issue. In October, I "moved" away but also rented an office. I slept and worked in the office during the last 3 months of the year.

I need to know if I can claim 100% of the cost of the office as a business expense, even though I slept there. Considering the whole year, I was in my home for 9 months and sleeping in the office for 3.

Thank you
Expert:  Jax Tax replied 4 years ago.
To claim home office expenses you must pay the expenses associated with the home. Rent, mortgage, utilities and so forth and you mist have an area in the home that is exclusively used as an office. Furthermore, if you have another office, you cannot claim a home office at all. The home office must be your only office. If these are true, then you are fine to claim it.
You state you also rented an office and possibly slept there. OK, times are tough. So long as we are talking about a commerical rental then whether you slept there or not does not effect the business deduction. If we are talking about a room in a residential home, living there will disqualify its use.
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