Evicted while in short sale, can hotel stay be deducted on taxes while looking for new house? (need to stay local for work)

Asked over 1 year ago - Orlando, FL

The only justification I see at the moment is need to be near employment, not sure if there are other options under tax law to write off the expense.

Attorney answers (3)

  1. Howard Aaron Lazarus

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    Contributor Level 17

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    Answered . If you can make an argument that your new home is closer to your work then you should definitely be able to deduct the hotel stay.

    This answer does not create an attorney-client relationship.
  2. Carol Anne Johnson

    Contributor Level 18

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    Answered . You may want to repost this question under the heading of "tax law questions" since it is not really a real estate matter. That way a skilled tax attorney can better address your options.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... more
  3. Christopher Michael Larson

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    Contributor Level 19

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    Answered . These would likely be considered moving expenses and would not be deductible unless you meet the complex 50 mile rule. Since you did not change workplaces, this seems unlikely. The reality is, you didn't get to deduct the mortgage payment on the house as a business expense. The IRS is going to have a problem with the fact that you have merely changed your personal residence, and now call it a business expense.

    If there is a hotel 5 miles closer to your work, it is not deductible as a business expense when you stay there. If you are in a city other than that of your personal residence, and your purpose is business related, you can deduct this as business travel.

    But I would have to say, if your job didn't change, and you are still living in the same general area, the hotel stay will not be deductible.

    Christopher Larson
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