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

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.

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Attorney answers 3

Best Answer

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.


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 : : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.


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
Insight Law
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Carol Anne Johnson

Carol Anne Johnson


Good answer!