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My client resides in WA and took a temporary job assignment…

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Good Morning. My client resides in WA and took a temporary job assignment in NM. He received non-taxed per diem while on the temporary assignment. The temporary assignment was extended at around the one-year mark. At that point the employer started taxing the per-diem. The plan is accountable and he was paid in excess of the Federal per-diem rates. I believe he would not be able to claim the $ he spent on the 2106 due to the indefinite nature of the assignment. Is that correct?

Accountant's Assistant: The Accountant will know how to help. Is there anything else the Accountant should be aware of?

I do not believe so.

Submitted: 1 month ago.Category: Tax
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3/21/2018
Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago
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Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago

That is correct, he will not be able to deduct the expenses for an assignment that is considered indefinite. SEE BELOW:

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You can deduct travel expenses paid or incurred in connection with a temporary work assignment away from home. However, you can't deduct travel expenses paid in connection with an indefinite work assignment. Any work assignment in excess of one year is considered indefinite. Also, you may not deduct travel expenses at a work location if you realistically expect that you'll work there for more than one year, whether or not you actually work there that long. If you realistically expect to work at a temporary location for one year or less, and the expectation changes so that at some point you realistically expect to work there for more than one year, travel expenses become nondeductible when your expectation changes. For an exception to the 1-year rule for federal crime investigations or prosecutions, refer to Publication 463, Travel, Entertainment, Gift, and Car Expenses.

REFERENCE SOURCE:

https://www.irs.gov/taxtopics/tc511

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