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Question about home office

I have been trying to determine if my husband would be able to use the home office deduction.  I was pretty sure the answer would be no, as he receives a W2, but I keep seeing this phrase "convenience of employer" and wonder if it is still applicable, or possibly I'm reading an old article (with no date on it)?

He was hired 4 years ago for a job that was billed as a strictly remote employee (computer programmer).  We live 600 miles from what would be considered the company headquarters  The only time he has even been face to face with anyone in the company was at his interview.  He has never been in the office, there is no office for him to go to, and as I mentioned above, this has been from day one (not covid related).    From what I'm mainly reading, I'm thinking he is not eligible, but then I have been running into tax/lawyer/etc. websites with paragraphs such as this:

Convenience of Employer Test

Employees may only take the home office deduction if they maintain the home office for the convenience of their employer. An employee's home office is deemed to be for an employer's convenience only if it is:

  • a condition of employment
  • necessary for the employer's business to properly function, or
  • needed to allow the employee to properly perform his or her duties.

If someone could help me regarding if he may qualify for the deduction or not, I would be so grateful.

Thanks!

Kelly  W.

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2 Replies

Question about home office

NO,  if you are a W- 2 employee then job-related expenses were eliminated as a federal deduction by the new tax laws that went into effect for your 2018 return and beyond.    If you are a W-2 employee you cannot deduct a home office on your federal return, nor can you deduct job-related mileage, etc.

 

https://ttlc.intuit.com/questions/4482873-which-federal-tax-deductions-have-been-suspended-by-tax-re...

Question about home office

Thank you very much for replying.  I was pretty sure that, unfortunately, that would be the case.  Every time I would come across an article like the one that I copied and pasted above, I could not find a date and thought it was probably outdated.  Just wanted to be sure.

Thanks again.

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