I was asked at my friend’s wedding reception yesterday, what are moving expenses because he had moved due to business requirements. It turns out in fact he did have legit expenses.
Moving expenses are first reported on Form 3903, Moving Expenses, and are then deducted on Form 1040, line 26, as an adjustment to income. This means that moving expenses can be deducted even if the taxpayer does not itemize.
To claim a deduction for moving expenses, the taxpayer must meet
two requirements:
• Distance
• Work time
Distance Requirement
The new job location must be at least 50 miles farther from the old residence than the old job location was. The distance test must be satisfied
by all taxpayers other than members of the armed forces who move pursuant to a permanent change of duty station.
Example: Jane Jones, a single taxpayer, works five miles from her residence. She is considering looking for a new job in another city. In order to deduct moving expenses, her new job location must be at least 55 miles [50 miles + 5 miles] from her old residence.
The shortest of the most commonly traveled routes is used to measure these distances. A taxpayer who was not previously employed or who obtains a full-time job after a substantial period of unemployment can satisfy the distance requirement if the new job location is at least 50 miles from his old residence. The job location is the place where the taxpayer works most of the time. If the taxpayer has no primary job location, the job location is
the general area where the business activities are centered.
Work Time Requirement
An employee must work full time in the general vicinity of the new job location for at least 39 weeks during the 12 months following the move. Temporary layoffs because the work is seasonal or because of strikes, and absences due to illness or vacations, are counted as work time. For seasonal work to count, the off-season period must be less than six months, and the employee’s work contract must cover the offseason. The 39 weeks need not be within one tax year. If the taxpayer expects to meet the work time test, the deduction is claimed for the year the move occurred. The 39 weeks of full-time work do not have
to be consecutive or with the same employer as long as the jobs are in the same general location and are classified as full-time work.
Example: Jane, from the preceding example, took a new job in another city 59 miles from her residence. She moved to the new city on November 1, 2008, and began work on November 3. Jane must work full time in the general area of this new city for at least 39 weeks during the period of November 2008 through October 2009. If she expects to meet this requirement, she may deduct her moving expenses on her 2008 tax return.
Self-employed persons must perform their services on a full-time basis for 78 weeks during the 24 months immediately following the move. At least 39 of these weeks must be within the first 12 months. An employee who becomes self-employed before satisfying the 39-week test must meet the 78-week test to claim moving expenses. A self-employed individual who becomes an employee before satisfying the 78-week test may use the time spent as an employee to meet the 78-week test if he will not be an employee for 39 weeks during the first 12 months after the move.
There are exceptions to meeting the work time test. If a person dies, becomes disabled, or is involuntarily separated (for reasons other than willful misconduct), the work time test is waived. It is also waived if the employer asks an employee to transfer before the end of the 39 weeks if the employee could reasonably have been expected to meet the test had the employer not requested the employee transfer.
Military personnel whose move is due to a permanent change of duty station and taxpayers who return to the United States because of retirement or who are the survivors of a person who died while living and working outside the United States are not required to meet the work time requirement.
There is some more info you need to know about married couples and moving and whether you get to work right away or in several weeks but I will touch on that on another article on another day.
Oct 20 2009
Kim Isaac Greenblatt
Whoa What Are Moving Expenses At Tax Time