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emc011075, Tax adviser
Category: Tax
Satisfied Customers: 3118
Experience:  IRS licensed Enrolled Agent and tax instructor
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We lived in Brazil 2014/15 while processing a greencard

Customer Question

We lived in Brazil 2014/15 while processing a greencard application for my spouse. Part of that requirement was that we establish a residence in the US. We bought a house here and had a caretaker there for upkeep and repairs. We paid all the utilities,taxes and insurance. Since this was part of a legal requirement by immigration law, are none of these expenses deductible?
Submitted: 1 year ago.
Category: Tax
Expert:  emc011075 replied 1 year ago.

Hi. My name is ***** ***** I will be happy to help you.

IRS follow its own rules regardless what the legal or immigration requirements are. So no, you cannot deduct the expenses because it is required by immigration law. I would also question if owing a property would satisfy the residency requirements. Residency means you physically reside there, not just own a property there.

That being said, you can deduct expenses for short term/vocational rental but only up to the amount of rental income. If you don't have rental income you cannot deduct rental expenses. In order to deduct expenses you will need to engage in for profit rental activity. It means you cannot use the property personally for more than 14 days or 10% of time property was actually rented. You have to advertise it for a fair market value and make a reasonable effort to find tenants.

Expert:  emc011075 replied 1 year ago.

I see you read my respond. Do you have any questions? Is there anything else I can help you with today?

Expert:  emc011075 replied 1 year ago.

And if this answered your question, please take a moment to rate my response so that I may receive credit for assisting you today. You find the rating bar on the top of the page – 5 stars. However, if you need clarification, or want to discuss this issue further, let me know. Thank you.