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jgordosea
jgordosea, Enrolled Agent
Category: Tax
Satisfied Customers: 3161
Experience:  I've prepared all types of taxes since 1987.
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Can I file my moving expenses

Customer Question

My husband and I have recently split up. He is active duty military and we split after we got back from being stationed in Japan. I had to pay for the rental car from the airport, and for the moving cost to move back home. Also can I file single if we have not lived together since May 2007. He has not given me any support.
Submitted: 9 years ago.
Category: Tax
Expert:  jgordosea replied 9 years ago.

Greetings,

Sorry to hear about your moving away from your husband.

You can not use the single filing status if you are still legally married. You must use married filng separately (or in some cases can use head of househoold if a qualifying person lives with you in the home for more than half the year ). See http://www.irs.gov/faqs/faq-kw80.html for more on head of household filing status.

Moving expenses related to new employment may be deductible. It is certainly arguable that you moved for new employment, as well as to leave your husband. For moving expenses, there is a distance and a time requirement. You will meet the distance test if your new workplace is at least 50 miles further from your former home than your previous workplace was from that home. The time test requires you work full-time for at least 39 weeks during the 12 months immediately after your move. For more information see http://www.irs.gov/newsroom/article/0,,id=173193,00.html

I hope this helps with the possible deduction of your moving expenses.

Best regards.