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Old 06-07-2007, 01:01 PM
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how far must my old home be to the new home in order to deduct moving exp's?

I just moved to a new home, but the job working distance remained the same.

What are the IRS requirements in order for my moving expenses to be deductible on my 2007 tax return?



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Old 06-14-2007, 12:24 PM
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IRS Eligibility rules for deductibility of Moving Expenses.

IRS Code Sec. 217 allows the deductibility of reasonable expenses of moving taxpayer and his families if the move is "related to starting work in a new location".

Employees and their families, according to the Tax code, may deduct as an adjustment to gross income the so called "reasonable moving expenses incurred". This deduction is computed to Form 3903 and then reported on Form 1040 page 1 line 26.

In order to qualify for the deduction, the taxpayer must meet all the 3 stringent tests. These are as follows:

Distance test
The new principal place of work must be 50 miles farther from the taxpayers old residence than the old residence was from the taxpayer's old place of work. If there was no old place of work, the new work place must be at least 50 miles from the old residence.

Length of employment test
After the move, the taxpayer must be employed full time for at least 39 weeks. A self-employed taxpayer must be employed or performing service for at least 78 weeks of the 24 months period immediately following the move, and at least 39 weeks during the first 12 months.

Commencement of work test
The move must be in connection with the start of a work at a new location, the moving expenses have to be incurred within 12 months from the time the taxpayer first reports to the new job or business.

From your question, it appears that you have simply moved to a new home adn kept the existing work location the same. If that is true, then it appears based on Code Section 217, test #3, you would not qualify for the moving expenses deductions despite your meeting the distance test as you would appear to fail the Commencement of Work Test!

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