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i do understand that i am required to file a nonresident tax

return in the state of...
i do understand that i am required to file a nonresident tax return in the state of Georgia. is it acceptable that i will need to make living arrangements in Georgia for purposes doing business that my temporary living expenses (hotels, corporate housing, etc) can be business expenses. what is the best approach to do this if i intend to remain a resident of state of Texas but only live in Georgia for purposes of doing business.
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Answered in 22 minutes by:
8/21/2013
DanielleCPA
DanielleCPA, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 794
Experience: Years of Experience in Business & Personal Taxes
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Welcome and thanks for your question!

It is generally acceptable to deduct temporary living expenses while you are away from home for business purposes. "Temporary" is defined as a period of one year or less. However away from home means away from your "tax home." Your tax home is generally the the location of your principal business and you maintain a residence within the vicinity of that business. In lieu of a principal place of business (eg a traveling salesman who works all over), the location of the principal residence is generally your tax home:

Where you situation may become tricky is that obviously the income will be generated within the state of Georgia but it may or may not be the principal place of business. Things to consider:
Will you maintain a Texas address for the business?
Will you register the business with the state of Texas?
Where will you spend most of your time?
Is it feasible to manage the business from Texas even though it's located in Georgia?

If the above are mostly true, I think you would have a good case for still maintaining Texas as your federal tax home and preserving your ability to deduct lodging, meals, etc while in Georgia.

From a personal standpoint to maintain your Texas residency, I'm assuming you will still continue to get your mail delivers there, have a Texas drivers license, be registered to vote in Texas, etc. all those things pretty firmly establish you as a Texas resident.

IRS publication 463 is a good resource on business travel expenses.

Please let me know if I can be of any further assistance. Have a nice night?


DanielleCPA
DanielleCPA, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 794
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