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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13327
Experience:  15years with H & R Block. Divisional leader, Instructor
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My husband and I lived in GA through September. My husband

Customer Question

My husband and I lived in GA through September. My husband moved to TN, and is working in TN. He is living in an apartment, are his living expenses deductible as unreimbursed employment expenses, form 2106? I am still living and working in GA. We file a joint return with our address in GA. Do we need to pay GA state taxes on his income earned in TN? and if he continues to work in TN for 2016, does he need to have GA tax withheld?
Submitted: 9 months ago.
Category: Tax
Expert:  Robin D. replied 9 months ago.

Hello

If your husband accepted a position in TN for regular employment or was transferred to TN for more than just a temporary time, then no.

TN became became his TAX HOME if he moved there with all intentions of this being a permanent job.

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 Georgia but work in TN where you stay in a hotel or rent an apartment and eat in restaurants. You return to GA every weekend. You may not deduct any of your travel, meals or lodging in TN because that is your tax home. Your travel on weekends to your family home in GA 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.

He would be a part year resident of GA and his income in TN not taxable to GA.

If he has moved to TN then no GA taxes need to be withheld.

Expert:  Robin D. replied 9 months ago.

When one spouse is a resident of Georgia and one is not, the taxpayer should write three in the residency code block (nonresident) of the Form 500. You must use Schedule 3 of Form 500 to calculate your Georgia taxable income.

Expert:  Robin D. replied 9 months ago.

Checking back with you

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