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I worked as an educator in Dallas for 7 years (2004-2011) and

 
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I worked as an educator in Dallas for 7 years (2004-2011) and took a one-year-only teaching position in Florida (2011-2012) with the expectation of returning to Dallas. In May 2012, unexpectedly, I was offered a permanent post in Michigan which I have decided to accept instead of returning to TX. In addition to regular moving expenses, what temporary living expenses may I claim during my stay in FL? In which tax form are these expenses reported?

 

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Submitted: 321 days and 13 hours ago.
Category: Tax
Value: $25
Status: CLOSED
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Expert:  Anne replied321 days and 12 hours ago.

Hi

Thank you for your question. Since you expected your job in Florida to last 1 year or less, and it did last less than one year, you fall under the Temporary Assignment or Job rules. Please see page 4 of 2011 Publication 463 Travel, Entertainment, Gift, and Car Expenses

You may use your actual expenses for meals, or you may use the per diem allowance or your actual costs (explained on page 5 of the Pub 463)

Since you had to duplicate living expenses for the year that you were in Fl, you may claim the actual expenses (apt rental, utilities, etc)

You would claim all of these expenses on 2011 Form 2106 Employee Business Expenses

I truly hope this information is helpful but please do not rate until you are satisfied. If you want to click on 1 or 2 just click on the continue to work with me button instead. You will then be able to add any other info or respond to what I have posted so far. Rating 3-5 gives me credit and a good rating but you can still converse with me."


Customer replied321 days and 12 hours ago.

Thank you, XXXXX XXXXX "story" goes just a bit deeper: my fiancee and I planned to get married upon my return to TX, so I did sell my little condo, and stayed at her place every time I came home. The plan was for her to sell her townhome just about at this time, and for us to buy a new marital home in Dallas. We will be doing it in MI instead. Is this going to raise an eyebrow with the IRS? Plans were legit, but the MI offer was too good to refuse. Should I then use "our" address in Dallas as my commuting to and from address?

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Expert:  Anne replied321 days and 10 hours ago.

Hi

You meet the tests for temporary job assignment (1 year or less) and I assume that you still considered Dallas to be your home since your fiancee was there and that was the place you kept returning to.

Since you still consider Dallas your home (and some of the things that IRS can look at is that you kept returning to Dallas, where you are registered to vote, sometimes the license plate of your car...I say sometimes, because some states require you to purchase a plate from them if you're there more than a certain period of time) I would certainly give you the deductions on Form 2106.

Please keep as many records as you can showing that you kept returning to Dallas (plane fares, calendar of the days you returned, etc)

Again,I truly hope this information is helpful but please do not rate until you are satisfied. If you want to click on 1 or 2 just click on the continue to work with me button instead. You will then be able to add any other info or respond to what I have posted so far. Rating 3-5 gives me credit and a good rating but you can still converse with me."

 



Expert TypeMaster Tax Preparer
Category: Tax
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Answered: 6/30/2012

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