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The most important question for tax purposes relates to the
length of the assignment. If you are away from home for more
than one year, the assignment is classified as indefinite
(as opposed to temporary), and you wont
be able to deduct any of your personal living expenses. On
the other hand, if you are actually away for one year or less
and it was realistic to expect
that you would be away for one year or less, then your assignment
can qualify as temporary (unless particular facts
and circumstances indicate otherwise).
If your assignment qualifies as temporary you can deduct
the personal living costs you incur while away from home.
Significantly, this includes the costs of lodging and meals
as long as they are not lavish or extravagant (although meals
are subject to the regular rules for deductible meals which
generally only allow half of their cost to be deductible).
Other incidental living expenses, such as for laundry or dry
cleaning, are also deductible. You can deduct the costs of
trips home, e.g., on weekends, but only up to
the amount you would have spent on meals and lodging at your
temporary work location had you not gone home.
These employee business expenses are miscellaneous itemized
deductions that are subject to the 2% floor rule. That means
that your employee expenses, when added to your other miscellaneous
itemized deductions, are deductible only to the extent that
they exceed 2% of your adjusted gross income. Other miscellaneous
itemized deductions include tax preparation fees and investment
expenses.
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If, however, your employer reimburses the expenses under
a plan that meets certain requirements, a so-called accountable
plan, you can avoid the 2% floor. Instead, you dont
include the reimbursements in income and you dont deduct
the expenses. Expenses in excess of reimbursements, or expenses
that are reimbursed from a non-accountable plan, are subject
to the 2% floor.
These rules allow for substantial deductions in many cases,
and you must be careful to meet the substantiation requirements.
That is, save all receipts and documentation regarding your
deductible expenses. Keep a logbook showing your costs while
away from home on your temporary job assignment.
Additionally, in the event IRS seeks to make the case that
your assignment was indefinite, its advisable
to establish a record showing it was reasonable to expect
the assignment would last one year or less. For example, save
any memos or documentation from your employer regarding the
nature of your assignment. An explicit statement in writing
from your employer to the effect that the assignment isnt
expected to exceed one year could prove helpful.
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