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brdrokm
New Member

I'm a travel healthcare worker, have worked 9 months in Connecticut, want to work 3 more, but will that change my tax home?

Part of my pay is tax-free housing stipends, but I read that twelve months in one area makes them taxable.
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7 Replies

I'm a travel healthcare worker, have worked 9 months in Connecticut, want to work 3 more, but will that change my tax home?

I'm a travel healthcare worker, have worked 9 months in Connecticut, want to work 3 more, but will that change my tax home?

Generally, yes.  Are you a contractor (schedule C) or W-2 employee?

 

The rules for travel are covered in IRS publication 463, chapter 1.

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

 

As an employee, your employer can reimburse you tax-free for work-related travel that is temporary, meaning it is expected to last, and actually does last, less than 1 year.   Travel that lasts more than 1 year, or that has an indeterminate end date, is not reimbursable tax-free.  Also, as soon as you decide to extend your assignment past 1 year, the reimbursement is immediately taxable from that point–it doesn't only become taxable after 366 days, it becomes taxable as soon as the expected end date is more than 1 year or is indeterminate. 

 

(In other words, an assignment that is indeterminate, but actually lasts less than a year, was never deductible/tax free in the first place, because it was indeterminate.  An assignment that is expected to last less than 1 year, that actually lasts more than 1 year, becomes non-deductible/taxable on day 366 or on the day the expectation changed, whichever comes first.)

 

The employer can continue to reimburse you, but they must include the cost of your housing, travel, food and other benefits as part of your W-2 taxable wages.

 

If you are self-employed, you must report all your compensation, even if it is for housing. You can then deduct the housing costs on schedule C as a travel expense.  Again, as soon as the expected end date is more than 1 year, or as soon as the expected end date becomes indeterminate, you lose the ability to deduct food and lodging as a travel expense. 

brdrokm
New Member

I'm a travel healthcare worker, have worked 9 months in Connecticut, want to work 3 more, but will that change my tax home?

I'm a W-2 employee.

 

My first contract was in Connecticut and started 4/16/2023.

 

Had two weeks off from 7/17-7/31. Renewed the contract to stay at the same facility, took another week off from10/14-10/21.

Finished that contract 11/4, started a new one in the same state, but 50+ miles away. Am scheduled here until 2/3/24, was planning to take two weeks off, then return to work at the same place on 2/18, for another 13 weeks.

 

I've read that all of the stipend money would become retroactively taxable, obviously hoping to keep as much as possible. Would like to renew this contract here, but may have to reconsider if it means having to pay so much back. Thanks

 

I'm a travel healthcare worker, have worked 9 months in Connecticut, want to work 3 more, but will that change my tax home?


@brdrokm wrote:

I'm a W-2 employee.

 

My first contract was in Connecticut and started 4/16/2023.

 

Had two weeks off from 7/17-7/31. Renewed the contract to stay at the same facility, took another week off from10/14-10/21.

Finished that contract 11/4, started a new one in the same state, but 50+ miles away. Am scheduled here until 2/3/24, was planning to take two weeks off, then return to work at the same place on 2/18, for another 13 weeks.

 

I've read that all of the stipend money would become retroactively taxable, obviously hoping to keep as much as possible. Would like to renew this contract here, but may have to reconsider if it means having to pay so much back. Thanks

 


Looking only at the paper you signed and not your intentions, you will have been away from your "tax home" (see publication 463) for less than 1 year up through the end of your current contract on 2/3/24.  Once you start the next contract, with a planned end date after 4/16/2023, your assignment is no longer temporary, and any travel supplement that is included with the 4th contract must be included in your W-2 taxable wages.  However, this does not make your previous travel supplements taxable.

 

Looking at your expressed intention to stay in Connecticut past 4/13/24, Connecticut is your new tax home now, and all your travel supplements from the day you made that decision going forward, must be included in your taxable income (whether you made that decision today, or last week or whenever, you should notify your employer to start considering the travel money taxable from that date).  However and once again, previous travel money (when you still expected the assignment in Connecticut to be temporary) don't become retroactively taxable.

 

Whether you file your taxes based on what is put down on paper, or what is in your mind, is up to you. 

brdrokm
New Member

I'm a travel healthcare worker, have worked 9 months in Connecticut, want to work 3 more, but will that change my tax home?

Not the answer I was hoping for, but I appreciate your insight and help.

 

So, to be clear, any income earned AFTER declaring my intent to stay beyond April 13 2024 becomes taxable?

 

A lot of traveling friends of mine have said that taking a month off between contracts is a way to "reset" this 365 day limit, is there any merit to that?

 

If I were to renew for a fourth contract here, would I be unable to receive the tax-free stipends in Connecticut until 2025? Basically, when does the 365 day timer end, or is there a way to reset it?

I'm a travel healthcare worker, have worked 9 months in Connecticut, want to work 3 more, but will that change my tax home?

One important point is that your living expenses while living at home are not tax deductible. Your employer can pay you a supplement for your living costs, but it’s not tax-free or tax deductible, because everybody has ordinary living costs when they are at home.  When you are traveling away from home, your costs can be tax-free or tax deductible because they represent increased costs that you have to pay because of work.  However, there has to be a point at which you are no longer temporarily away from home, you are simply living in a new home.

 

IRS publication 463 discusses the concept of a “tax home“. This is the place where you earn most of your wages, and have most of your economic connections.  Living expenses in the area of your tax home are never tax deductible or tax-free. Temporary travel away from your tax home can be tax-free, but if you are away long enough that you have established a new tax home, then you are no longer temporarily away, and your living expenses are no longer part of a temporary assignment.  The IRS defines this as one year, or indeterminate.  

There is no rule about a one month break resetting the clock, that appears to be something that your friends have made up or got from a dodgy Internet source. The question is, how long are you away from your tax home and have you established a new tax home.

 

For example, suppose your tax home is in Michigan, and you have been temporarily working in Connecticut.  If your contract ends, and you go home to Michigan, and then you accept a new contract in Florida, it may be  reasonable to consider Michigan as continuing to be your tax home. (Neither Connecticut or Florida are your tax home at this point.)  However, if you go home to Michigan, and then accept a new contract also in Connecticut, would it still be fair to say that Michigan is your tax home? Especially if you knew before you went back to Michigan that you were planning to accept a new contract in Connecticut. Those facts and circumstances would tend to establish that your intention is to remain in Connecticut longer than one year, which makes Connecticut your new tax home.  

A possible argument could be made that because your third and fourth contracts are at a location that is more than 50 miles away from the location of your first and second contract, that resets the clock to the date of the third contract.  However, I don’t think this argument holds water, because either way, your intention seems to be to  live and work in Connecticut for more than one year, which means that you can no longer consider your original home state to be your tax home for purposes of the travel rule.  Intent is important here, see the examples given in publication 463.  


As an example, I once had a work colleague who lived with his family in Buffalo New York, and traveled to Rochester to work. He worked Monday through Thursday, spending the nights in a small apartment, and returned to his family in Buffalo for three day weekends. If this was a temporary assignment, then his tax home would be Buffalo, and he would be allowed to deduct his travel expenses or have them covered by the employer. But because he kept this job more than a year, Rochester became his tax home for purposes of the travel rule,  and his travel and lodging expenses were not deductible or eligible for tax-free reimbursement. 

Does this help?

 

Based on your verbal description of your plans, Connecticut is your tax home now, because you plan to extend your stay to more than one year. Based on the contracts that you plan to sign, Connecticut will be your tax home as soon as you sign your fourth contract. Living expenses with in the area of your tax home are not eligible to be reimbursed tax-free.  If you want a different answer, or if you want to explore the concept that you can retain your original state as your tax home by returning there for some minimum number of weeks, then you may wish to consult a tax professional in your area, who will stand behind their answer, and defend you in case of audit.

brdrokm
New Member

I'm a travel healthcare worker, have worked 9 months in Connecticut, want to work 3 more, but will that change my tax home?

You've been incredibly helpful; I appreciate all of your help and examples breaking everything down.

 

I have not yet signed the fourth contract, and am only considering it for now, so I presume my tax home isn't Connecticut just yet. Perhaps after leaving the area for some time, returning for several months (but less than twelve) won't immediately make it my tax home. I will take your advice and reach out to a tax professional in my area.

 

Thanks 

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