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I took a new job in Chicago in March, 2008. We have not

I took a new job...
I took a new job in Chicago in March, 2008.    We have not received an acceptable offer for our home. I am commuting back and forth from Buffalo roughly every other week. The company has reimbursed me for flights, hotel and parking at the airport.   Our CFO told me last week that he was going to give me a 1099 for those expenses as they are taxable.   Are there any expense offsets that I can take or is this treated purely as taxable income? I have had other expenses associated with my temporary living that I have not gotten reimbursement for. Are any of those deductible?
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Answered in 8 minutes by:
2/1/2009
Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9,783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
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Hello bormad,

Unfortunately, the amounts that were paid to you for travel reimbursement are considered taxable income, since the travel was for personal reasons and not directly related to your employment.

Temporary living expenses that you have whil in Chicago are also not deductible.

The IRS considers your "tax home" to be the entire city or geneal area where you work. If you are required to travel away from your "tax home" for overnight travel or extended periods of time, then those expenses are deductible. However, your new "tax home" is now Chicago since that is where you now work, and you cannot deduct living expenses you pay while in that area. The travel between your "tax home" and personal family home is also not deductible.

Please refer to the following IRS discussion of this topic.

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

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you.

Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9,783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
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Customer reply replied 8 years ago

If that is my new "tax home" then is that the state that my income is taxable in?

 

 

Hello again bormad,

Basically you are required to file states taxes in two situations.

1. File with your resident state
2. File with any state where you have earned income

If your primary residence is still in New York, then you will file a return with both the state of NY and with IL. Since your income is from an Illinois source, they have the first rights to tax your income. NY also has the rights to tax you as a resident of their state, however, on your NY return you will be given credit for any state tax you already paid to Illinois.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you.

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Merlo
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