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| Nick Hull wrote: - quote - > "My News Server" <anonymous[at]themurrayfamily.org> wrote:
The IRS position is that if the taxpayer reasonably expected> > I am a self employed independent contractor who has been > > working on a contract for about 11 months. There is a good > > chance that my client will want to extend my contract past > > 12 months. Are my travel expenses deductible after 12 > > months at the same location. Tax Topic 511 says that any > > temporary work assignment greater than 1 year is considered > > an indefinite period and indefinite periods do not qualify > > for travel deductions. > > > http://www.irs.gov/taxtopics/tc511.html > > > I have talked to two CPAs and gotten 2 different answers. > > One says I can not work at this location past 12 months > > w/out losing travel deductions. The other says I am self > > employed and that this publication does not apply. > Since your contracts are for less than 12 months I don't see > a problem. If in doubt, don't extend the contract but start > a new one. this job to last for under one year, it is temporary and his tax home would not have changed. At the time that the taxpayer becomes aware that the period of employment is going to extend beyond one year, it is no longer a temporary assignment and his tax home has changed to the job location. The period of deductibility ends at the time that the taxpayer is made aware that the temporary assignment of less than one year is going to extend past one year. In the set of facts presented, there is no information on what was the original expectation. It only said he has been working there for 11 months. If the taxpayer reasonably expected the job to last for a year or less, the deductions are reasonable for the 11 months. If he now learns that he is going to go beyond the 11 months, then 11 months is the cutoff date. All of this is a matter of facts and circumstances. I have not researched the issue as to whether there is a ruling on a set of facts that have allowed a taxpayer to maintain his original tax home even after 12 months have elapsed. -- Alan http://taxtopics.net << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| "My News Server" <anonymous[at]themurrayfamily.org> wrote: - quote - > I am a self employed independent contractor who has been
Since your contracts are for less than 12 months I don't see> working on a contract for about 11 months. There is a good > chance that my client will want to extend my contract past > 12 months. Are my travel expenses deductible after 12 > months at the same location. Tax Topic 511 says that any > temporary work assignment greater than 1 year is considered > an indefinite period and indefinite periods do not qualify > for travel deductions. > http://www.irs.gov/taxtopics/tc511.html > I have talked to two CPAs and gotten 2 different answers. > One says I can not work at this location past 12 months > w/out losing travel deductions. The other says I am self > employed and that this publication does not apply. a problem. If in doubt, don't extend the contract but start a new one. -- free men own guns - slaves don't www.geocities.com/CapitolHill/5357/ << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| I am a self employed independent contractor who has been working on a contract for about 11 months. There is a good chance that my client will want to extend my contract past 12 months. Are my travel expenses deductible after 12 months at the same location. Tax Topic 511 says that any temporary work assignment greater than 1 year is considered an indefinite period and indefinite periods do not qualify for travel deductions. http://www.irs.gov/taxtopics/tc511.html I have talked to two CPAs and gotten 2 different answers. One says I can not work at this location past 12 months w/out losing travel deductions. The other says I am self employed and that this publication does not apply. Any other ideas? I may have an opportunity to extend the contract, but work at a different client site. Thanks. Publication 511- business travel expenses << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
| Tags |
| employed, expenses, travel |
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