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Form 3903 for Hollywood Florida: What You Should Know

However, for real estate investors/developers planning a project to relocate a construction business, it may be possible to move business activities into a new area and claim some or all moving expenses.  Here is a tax law summary that describes the most common tax considerations for moving expenses: Tax Deductible Moving Expenses are not considered tax-deductible because they are business expenses that must be incurred to carry on the business. Business expenses may also include the cost of relocating an employee, including fringe benefits. The Internal Revenue Code exempts certain moving costs from ordinary income.  The tax deduction is available if the following conditions are met: The employee is relocating to a new business that his current business is operating. The employee relocates for at least 30 days in any taxable year. The employee relocates for at least one year. The employee is at least 21 years of age. The employee's primary business is not the same as the new location of employees. The employee is employed only for part of the year in the relocated location. (See “Mortgage and Real Estate Related” and “Citizenship and Immigration Related” sections separately and as a whole.) The employee's primary business is not his primary taxpayer-related activity. All expenses incurred by the employee for moving are not used for a personal use or to amortize debt incurred by the employee. Other conditions may exist for moving expenses to be tax-deductible. There is no separate tax deduction provision for relocating for the purpose of business. The relocation expenses are deductible only if they are incurred for the purpose of carrying on the business. The IRS has not issued guidance on the application of this tax deduction. The application of the deductions generally relies on the specific statutory conditions and cases decided by the tax court.  It should be noted, however, that if a company has to incur significant expenses in relocating, even if they qualify for this tax deduction, the company is responsible for paying all relocation expenses related to the operation of its new location to the extent such relocation is deductible. See “Taxable Capital Gains and Business Income” for information on qualifying capital gains for relocating expenses. How to Schedule a Move Deduction on Form 5902 When calculating your expenses, make sure you use your new employee's address and that only bona fide business expenses were incurred.

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