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LindHoll
New Member

2nd home business/ tax benefits

I am a sole proprietor LLC licensed psychologist in the state of Texas where I have a private practice that operates both virtually and a via a physical brick and mortar location.  I am now licensed in the state of Florida, where I alreadyy own a second home since 2019. Our mortgage is specific to ownership as a “second home” and not as a “vacation property”. I now see clients from the state of Florida on a weekly basis (virtually/telehealth) whether I am in Florida or in Texas. I have the opportunity to work virtually and in-person in either state, as long as the client I am seeing is currently in the state in which I am licensed.

Our condo ownership is under our personal names and not my business name (although, I am a solo proprietorship/ LLC, not a corporation). 
I see clients every week with a mixture of them living in Florida and in Texas because I am licensed in both states I can legally see them no matter which state I am in physically at that time. How can I use my working time in Florida to benefit my business and tax structure? I live in both states and I travel back-and-forth throughout the year. I often travel to Florida and during my time in Florida I see clients who live in that state because I am licensed in that state. My Florida address is listed under my license on file with the Florida State department Mental Health licensing. What can I do here? What should I not do here? 

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4 Replies
LindHoll
New Member

2nd home business/ tax benefits

Original poster here. I’d also like to understand how I could benefit from this on a travel expense perspective as well as a home ownership/ property tax deduction perspective. Thank you! 

2nd home business/ tax benefits

I would suggest consulting with a tax pro.   without a lot of information, it would be difficult or impossible to give you a clear idea of what the results would be. 

2nd home business/ tax benefits

The rules for deducting travel expenses are found in publication 463, chapter 1.  I do not think you would qualify to deduct travel, under the circumstances you describe.  First, the travel would not be primarily or exclusively for business, and second, working from Florida would not be "temporary" within the meaning of the regulations.  Consequently, you could not deduct travel to or lodging expenses in Florida, even if you did perform work there.  I could be wrong in my interpretation, and I agree you may want to talk to an expert.

https://www.irs.gov/forms-pubs/about-publication-463

 

Also, any work that you perform while physically living or working in Florida (even temporarily) will be subject to Florida non-resident income tax.  Since you currently live in a state without an income tax, there does not seem to be much incentive to perform any work while in Florida, unless you have a professional responsibility to keep in contact with your patients when you visit the beach or mouse world or whatever.

2nd home business/ tax benefits


@Opus 17 wrote:

Also, any work that you perform while physically living or working in Florida (even temporarily) will be subject to Florida non-resident income tax.


Florida does not levy a state individual income tax nor an income tax on business entities, except in the case of corporations, so that is not really a factor here.

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