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Tax Home

Your tax home is the city or general area of your main place of business or work, wherever your family lives. It decides when you are "away from home" for travel-expense purposes and whether you can qualify for the foreign earned income exclusion.

Last reviewed by Steven Fox, CFP®, EA on

Quick Summary

  • For tax purposes, home is where you work, not where you live: the whole city or general area of your regular or main place of business.
  • With more than one workplace, the main one is judged by time spent, business activity and income earned in each.
  • With no main place of work, the place you regularly live can be your tax home; with neither, you are an itinerant whose tax home is wherever you work.
  • A work assignment realistically expected to last more than a year makes the new location your tax home, ending travel deductions there.
  • The concept matters most to the self-employed, to employees receiving travel reimbursements, and to Americans abroad claiming the foreign earned income exclusion.

Definition

A tax home is the place a taxpayer is treated as living for the travel expense rules in section 162(a)(2) of the Internal Revenue Code. The IRS's Publication 463 puts it this way: "Generally, your tax home is your regular place of business or post of duty, regardless of where you maintain your family home. It includes the entire city or general area in which your business or work is located."

The term means something different from the everyday "home" and from state residence. A person can live in one city and have a tax home in another, and a state can treat someone as its resident without that state being their federal tax home. Section 911 borrows the same definition to decide whether someone working abroad has a tax home in a foreign country.

Advanced Explanation

The basic rule. The tax home is the regular place of business. If there is more than one, Publication 463 says to compare the total time ordinarily spent in each place, the level of business activity in each, and whether the income from each is significant. A person who works eight months a year in one city and four in another, earning most of their income in the first, has a tax home in the first.

No main place of business. Some people, such as a sales representative who covers a region or a performer on tour, have no regular workplace. The IRS then looks at three factors: whether you do part of your work near your main home and lodge there while doing it; whether you pay living expenses at that home that you duplicate when work takes you away; and whether you have kept ties to the area, such as family living there or frequent returns. All three make that home your tax home. Two may, depending on the facts. One or none makes you an itinerant, whose "tax home is wherever you work", which means you are never away from home and cannot deduct travel expenses.

Temporary versus indefinite. Work away from the tax home does not move it if the assignment is temporary. The statute draws the line at one year: under section 162(a), a taxpayer is not treated as temporarily away from home "during any period of employment if such period exceeds 1 year." The IRS applies it at the start: an assignment realistically expected to last more than a year is indefinite even if it ends sooner, and one expected to last a year or less is temporary unless the facts change. An indefinite assignment makes the new location the tax home. There is a narrow exception for federal employees certified as traveling to investigate or prosecute a federal crime.

Why it matters now. Travel away from the tax home overnight lets a self-employed person deduct transportation, lodging and 50% of business meals. Most employees can no longer deduct unreimbursed travel at all, because miscellaneous itemized deductions are permanently disallowed, but the tax home still decides whether an employer's travel reimbursement or per diem is tax-free: Publication 463 says that if an assignment is indefinite, amounts an employer pays for living expenses must be included in income, "even if they are called 'travel allowances'". A short list of employees, including Armed Forces reservists and fee-basis state or local officials, can still deduct travel above the line.

Abroad. To claim the foreign earned income exclusion, a U.S. citizen or resident must have a tax home in a foreign country, in addition to passing the bona fide residence or physical presence test. Section 911(d)(3) adds that a person is not treated as having a foreign tax home "for any period for which his abode is within the United States", with a narrow exception for service in a combat zone, so keeping the center of one's life in the United States can defeat the exclusion even for someone working overseas.

Not where your family lives. If you choose to live away from your tax home, the cost of commuting between the two, and your meals and lodging at the tax home, are personal expenses. The IRS's example is a truck driver who lives in one city and works out of a terminal in another: the terminal city is the tax home, and nights spent there are not travel away from home.

How to Remember

Ask "where is my desk?", not "where is my bed?". The tax home follows the work, and you are away from it only when the work takes you somewhere else for a while.

Used in a Sentence

“With his hospital contract in Tucson expected to run 18 months, Tucson became Mateo's tax home, and the housing stipend his staffing agency paid there was taxable.”

How It Works

  1. Find the regular or main place of work. One workplace settles it. With several, weigh time, activity and income.

  2. If there is none, apply the three factors to the place you regularly live, and if none applies, treat yourself as an itinerant.

  3. Classify each trip or assignment. Overnight travel away from the general area of the tax home for a temporary assignment is travel away from home. An assignment realistically expected to last more than a year is indefinite and moves the tax home.

  4. Apply the consequence. For the self-employed, deductible travel costs. For employees, tax-free reimbursements under an accountable plan. Abroad, the first test for the foreign earned income exclusion.

For example: Ana is a self-employed engineer whose only office is in Denver. She takes a project in Phoenix realistically expected to last seven months and rents an apartment there for $2,000 a month. The assignment is temporary, her tax home stays in Denver, and her $14,000 of Phoenix lodging ($2,000 times seven) is a deductible business travel expense, along with her airfare and 50% of her business meals.

If, from the start, the project had been expected to last 14 months, it would have been indefinite. Phoenix would have become her tax home, and none of the lodging or meals there would be deductible, even if the project had ended after 10 months.

Pros and Cons

Pros

  • A clear tax home lets the self-employed deduct the real costs of temporary work away from their base.
  • It lets employers reimburse travel tax-free under an accountable plan.
  • The one-year line gives a concrete test for long assignments.

Cons

  • The answer turns on facts and expectations, and a temporary assignment that is extended can become indefinite partway through.
  • Itinerant workers with no main home or workplace can never deduct travel.
  • Employees' own unreimbursed travel is not deductible under current law, whatever their tax home.
  • Keeping a U.S. abode can cost an American working abroad the foreign earned income exclusion.

People Also Asked

Answers to the most frequently asked questions.

What is my tax home?
Generally, it is the city or general area of your regular or main place of business or work, regardless of where your family lives. If you have no regular or main place of work, it may be the place you regularly live; if you have neither, your tax home is wherever you work.
Is my tax home the same as my state of residence?
Not necessarily. The federal tax home is a travel-expense concept tied to where you work. State residence and domicile are set by each state's own rules, so you can be a resident of one state while your federal tax home is in another.
How long can a work assignment last before it becomes my tax home?
Under section 162(a), you are not treated as temporarily away from home during any period of employment that exceeds one year. The IRS judges this at the outset: an assignment realistically expected to last more than a year is indefinite, and the new location becomes your tax home.
Can a traveling worker have no tax home?
Yes. Someone with no regular or main place of business and no regular place where they live is an itinerant, and the IRS treats their tax home as wherever they work. Because they are never away from home, they cannot deduct travel expenses.
Why does a tax home matter for living abroad?
The foreign earned income exclusion requires a tax home in a foreign country. Section 911(d)(3) says you do not have a foreign tax home for any period your abode is in the United States, so working overseas while keeping the center of your life in the U.S. can disqualify you.

Sources

AdviceOnly maintains high editorial standards to improve the quality and accuracy of our educational content. Content is written with the assistance of artificial intelligence tools following a rigorous quality assurance process, and periodically reviewed by credentialed and experienced human financial advisors. References used include government data, academic papers, interviews with industry experts, and reputable primary sources. You can learn more about our efforts to produce accurate content in our editorial policy.

  1. Internal Revenue Service. "Publication 463, Travel, Gift, and Car Expenses."
  2. U.S. Code. "26 U.S.C. § 162 — Trade or business expenses."
  3. U.S. Code. "26 U.S.C. § 911 — Citizens or residents of the United States living abroad."
  4. Code of Federal Regulations. "26 CFR § 1.911-2 — Qualified individuals."

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