Question about tax advantage programs

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Question about tax advantage programs

Posted by amarie86 on Apr 24, 2011 3:32 am


I've done quite a bit of research on how to qualify for the tax advantage program that many travel companies seem to be offering now, including reading all of the helpful info posted by Joseph Smith here on Healthcare Travelbook. When I begin traveling, I will be moving out of the house I'm currently renting, storing all of my things with family, and then changing my permanent address to my mother's address, so I will not have a "tax home" per the IRS, unless there is something I do not understand. But what I have found so far is that travel companies (at least the ones I have talked to) seem to really push for the tax advantage program and how you can qualify as long as you're 50 miles away from home, etc. From all the info I have come across, what the travel companies I have spoken to are saying is actually not true, but they don't seem to give you a choice on whether or not you take the tax free wages. I have spoken to one company that has not been pushy about this, which makes me lean toward trying to travel with them if possible. I just don't want any surprises when I do my taxes, like having to pay in a ton of money or getting audited. I'm wondering how to handle this situation. Any insight or recommendations?
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Re: Question about tax advantage programs

Posted by Joseph Smith on Apr 24, 2011 2:27 pm

1) Forget the term "Tax Advantage"- That is a marketing term for "reimbursements"
2) There is no such thing as a 50 mile rule and if you hear it, give me the name and number of the recruiter and I’ll be glad to chat with them
3) This is a good resource from the National Association of Travel Health Organizations. I was on the committee - send to your recruiter http://www.natho.org/pdfs/NATHO_Travel_Tax_FAQs_Traveler_version_12210.pdf
4) The tax free allowances are replacement payments for duplicated expenses. A tax home is NOT a permanent residence- Your bank account, drivers license etc are not important for the initial determination of a tax home.
5) For a traveler to have a tax home, they must be paying rent or have a mortgage continually at their primary residence and when on the road at their job, incur a 2nd set of lodging expenses. The reimbursements replace the second home expenses

The company may not give you a choice to receive a "tax advantage" plan, but they have the capability to treat that payment as reportable and taxable income which they should if you do not have a tax home.

A recruiter is there it place professionals, not dish out tax advice. Ask them if they are willing to pay your expenses in an audit if they are so sure about their information :)
 





 

Joseph Smith EA/RRT
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Re: Question about tax advantage programs

Posted by amarie86 on Apr 25, 2011 3:18 am

Thanks Joseph. These were my thoughts too...I think companies want to push their travelers to take the tax free benefits because it saves them money...but I'm guessing they wouldn't be eager to agree to pay my expenses if I was audited... :) I will just have to put my foot down with whichever company I go with, because it's certainly not worth the trouble. Thanks again.


-Amanda
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Re: Question about tax advantage programs

Posted by kingjr3 on May 25, 2011 9:06 pm

Good stuff Joseph.  How does this all work for New Grads, who have been living away from home for the last 6 years.  I always kept my parents home as my permanent home and am back living there while I study for boards.  If I went into traveling would it be wise to set up a contract or something with my parents, like $250 a month or so that they can claim just so there is a paper trail?
Thanks
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Re: Question about tax advantage programs

Posted by Kathy on May 26, 2011 3:29 pm

I am a new "traveler" first assignment. I live 60 miles away from the hospital. I travel back and forth three times a week, working a 12 hour shift.
My travel agency said I can take the tax free housing allowence even though I return home each time. If I would be eligable I would prefer it = more money take home. I tried to call the IRS and they also could not answer it to my satisfaction,as if they were'nt sure!? I have a choice now either take the hourly decent RN salary or take the tax free housing,meals and incidental tax free with a rate of $18.00 hour, I am a RN. The tax free will give me more money take home.
So, do you think I can take the tax free with out causing any trouble with the IRS? My permanant home I maintain by my self with a mortgage.
Please any help with this???    Kathy
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Re: Question about tax advantage programs

Posted by Joseph Smith on May 26, 2011 8:02 pm

Kingjr3

there are two sides to this
1) You must be paying fair market rent (not necessarily $250/month) to maintain a dwelling
2) Since you have established another area as your tax home (unless you have worked at home since graduation), it is better to get income at home before hitting the road, however it is a risk factor that may just need to be accepted

Joseph Smith EA/RRT
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www.traveltax.com
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Re: Question about tax advantage programs

Posted by Joseph Smith on May 26, 2011 8:04 pm

Kathy
Since you return home at the end of the shift you are not entitled to tax free allowances.
There is no such thing as a 50 mile rule (or 60 mile rule)

Joseph Smith EA/RRT
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Re: Question about tax advantage programs

Posted by Squigg on May 28, 2011 7:51 pm

I have not yet taken a travel assignment but am planning to do so. I own my own home (ie outright the mortgage is paid off) does this mesn, since I won't have a rent/mortgage I can't take the housing allowance? Thanks for all info!
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Re: Question about tax advantage programs

Posted by Joseph Smith on May 30, 2011 6:59 am

Squigg

You own your home so your "substantial expenses" have been paid and you still have the costs of maintaining your home. You are fine.

Joseph Smith EA/RRT
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Re: Question about tax advantage programs

Posted by trrichter on Jun 9, 2011 5:02 pm

Most travel companies do this differently, or at least label it differently. But, I agree with Joseph. Recruiters are not accountants! And in all the research I've done on all this over the years, there is no number of miles....its based on a commutable distance as well as the double expenses Joseph talked about. Though much of the research I've done for IRS information on the subject is vague - the best resource is the accountants who specialize in this! One of the reasons its become so popular is because the less taxes the traveler pays, the less taxes the travel company pays and the more money you get in your take home pay. But you definitely want to make sure you're doing it correctly. When I receive questions on this from my travelers, I always tell them I'm not an accountant and they should be wary of any recruiter who thinks they are! :)
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Re: Question about tax advantage programs

Posted by voleygirl on Jul 19, 2011 5:40 pm

Hello everyone;

For the first time in my travel career, I've extended the same contract multiple times to where I ended up staying at the same facility for 1 calendar year (started in June 2010 and ended June 2011).  I'm aware that the IRS states that after 1 yr at the same facility you can no longer be considered a traveler.  I am now moving on to another assignment in another state. My question is, how long do I have to wait before I can return as a traveler to this same facility where I ended up working for a period of 1 year.  Any feedback or links/references to the IRS website is very much appreciated, I like to do things by the book and be compliant with tax laws.  

Thank you in advance.
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Re: Question about tax advantage programs

Posted by Jeremy on Jul 21, 2011 9:56 am

 You can still work in the same location and facility if you’d like but you can’t get a living stipend anymore.   So no more tax free money :( Overall it’s more important that you go back to your permanent residence once and a while so the government knows that you’re maintaining a permanent residence.  There’s no official number on how long but it looks like 5 weeks will do based on the IRS guidelines. So if you spent 5 weeks or so at your permanent residence you can go back to that location anytime.  But in the end nothing is definitive, it’s all grey.  I would always suggest speaking with who ever does your taxes.  They’ll know best :)
jeremy.grimaldi@coremedicalgroup.com 800-995-2673 ext 1344
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Re: Question about tax advantage programs

Posted by Jeremy on Jul 21, 2011 9:56 am

 You can still work in the same location and facility if you’d like but you can’t get a living stipend anymore.   So no more tax free money :( Overall it’s more important that you go back to your permanent residence once and a while so the government knows that you’re maintaining a permanent residence.  There’s no official number on how long but it looks like 5 weeks will do based on the IRS guidelines. So if you spent 5 weeks or so at your permanent residence you can go back to that location anytime.  But in the end nothing is definitive, it’s all grey.  I would always suggest speaking with who ever does your taxes.  They’ll know best :)
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Re: Question about tax advantage programs

Posted by Joseph Smith on Jul 21, 2011 10:10 pm

Voleygirl

IRS Chief Counsel recomendations to auditors concerning breaks in service that constitute "resetting the clock" state that 3 weeks is not enough, 7 months is significant and 12 months is definitely significant.

The thing to remember is that the question is not "how long away" before returning  but that a tax home is the primary place you earn your income. Travelers fall under exceptions to that rule BUT you do not want your exceptions to become the rule. In other words, repetitive visits to the same location make it your tax home. I would disagree with Jeremy's 5 week suggestion as I cannot find a citation to support that time frame though many agencies would adopt that if they could. Our advice to our clients is to never stay more than 12 out of 24 months in the same geographic area

Joseph Smith EA/RRT
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Re: Question about tax advantage programs

Posted by Jeremy on Jul 29, 2011 3:33 pm

Thanks for the info Joseph.  I got that from a Q&A from the IRS website.  I would agree that it’s best to keep trucking along and we do recommend that to all of our travelers.  I can’t seem to find a definite answer to how long you need to go back to your permanent tax home before returning to a previous location.  That’s why I always recommend talking with an accountant.  No recruiter or staffing agency is a credible tax advisor.         
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Re: Question about tax advantage programs

Posted by Joseph Smith on Jul 30, 2011 8:32 am

Thanks Jeremy

Do you have a ink to that Q/A. I would appreciate that in case some others reference it.

Much of the problem with this area of the code is determining the intent of the individual to return home or stay at the same area. Thats why there is no concrete guidence as to what constitiutes a break in service. You simply walk a thin wall between a location being your primary place of income (a tax home) or a temporary place of income. The absolute rule/limitation in which you cease to be "temporary" and become permanent is 12 months; however, the purpose of the law is provide an exception to the tax home rule that your tax home is where you earn your income (not where you live). If I work frequently in the same area over a long span of time, regardless of whether I have worked there 12 months, it can/will become my primary place of income (tax home).

I can post those Cheif Counsel Advisorys if you wish.
Joseph Smith EA/RRT
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Re: Question about tax advantage programs

Posted by Joseph Smith on Jul 30, 2011 8:32 am

Thanks Jeremy

Do you have a ink to that Q/A. I would appreciate that in case some others reference it.

Much of the problem with this area of the code is determining the intent of the individual to return home or stay at the same area. Thats why there is no concrete guidence as to what constitiutes a break in service. You simply walk a thin wall between a location being your primary place of income (a tax home) or a temporary place of income. The absolute rule/limitation in which you cease to be "temporary" and become permanent is 12 months; however, the purpose of the law is provide an exception to the tax home rule that your tax home is where you earn your income (not where you live). If I work frequently in the same area over a long span of time, regardless of whether I have worked there 12 months, it can/will become my primary place of income (tax home).

I can post those Cheif Counsel Advisorys if you wish.
Joseph Smith EA/RRT
Enrolled Agent, Respiratory Therapist
Admitted to practice before the IRS
www.traveltax.com
info@traveltax.com
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Re: Question about tax advantage programs

Posted by sean on Jul 31, 2011 9:21 pm

Hi Joseph, I wonder could you answer my question.

I am currently travelling and receiving tax free payments. Prior to travelling I lived with my wife in her parents home for 18 months and worked in that area. We paid them a monthly rent that was at a guess 50%-75% of fair market value. How is that value defined?
Also, since we moved out  to travel we have continued to write rent checks but my wife's parents have not cashed/deposited them. Are we in violation?

Thanks
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Re: Question about tax advantage programs

Posted by Joseph Smith on Aug 1, 2011 9:33 am

Sean

A bit confused :)
You stated that you paid them 50-75% of fair market value for rent but want to know how that value is defined?
Rental values are defined by supply and demand/ market forces. The classifieds, craigslist and other sources are good places to research those amounts

They need to cash the checks, otherwise, you have no receipt to prove payment in the event of an audit

Joseph Smith EA/RRT
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Re: Question about tax advantage programs

Posted by sean on Aug 2, 2011 11:58 am

Thank you for the reply Joseph My guess is that we pay below market value but it us just as I said, a guess. I'd be interested to know how the IRS defines the fair market value. I imagine that there is room for ambiguity in the definition. I will research a little on Craigslist. Thanks again
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Re: Question about tax advantage programs

Posted by Joseph Smith on Aug 2, 2011 5:26 pm

The concept of fair market value is not that diffilcult actually and it is a well established concept. Anytime one buys a house, an appraiser writes an opinion on value of the home. With rent values, the market is established very well. The classifeds etc memorialize those values. Sure there is a +/ 20% based on quality of tennant, but range is pretty set.

I have owned 2 rental properies in my life and annually, I would have my property manger survey the current prices. 70% of the properties were usually within the same range.

Joseph Smith EA/RRT
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Re: Question about tax advantage programs

Posted by Jeremy on Aug 3, 2011 10:00 am

I’m sorry Joseph I actually got it from the NATHO Travel Tax FAQs pdf we have here at the office.  I looked through the IRS website and did not see anything that matched up with what NATHO mentioned.  Here is the link I refer to when I speak with my travelers; http://www.irs.gov/formspubs/article/0,,id=238749,00.html
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Re: Question about tax advantage programs

Posted by Jeremy on Aug 3, 2011 10:00 am

I have a question for you Joseph.  More than a few times I have run into other staffing agencies paying more than the allotted amount given per day on the IRS and GSA websites.  We get our number by multiplying the daily amount by 7 and then dividing it by 40.  This seems to be the norm as far as I know.  But on a few occasions I have seen other contracts that are paying far over the allotted amount and the travelers are making anywhere between $2200 - $2600 a week with normal bill rates.  Do you know anything about this?     

jeremy.grimaldi@coremedicalgroup.com 800-995-2673 ext 1344
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Re: Question about tax advantage programs

Posted by Joseph Smith on Aug 3, 2011 11:02 am

Ok

Article 5 of the NATHO guidelines would actually suggest a 13 week break to "restart the clock", but even at that, a tax home is where you earn your income so you would never want a location to become your primary place of income over a longer term. Travelers operate under an exception to this rule, but the exception can be forfeited by frequent and repetitive returns to the same location. This is why we tell our clients to avoid spending more than 12 out of 24 months in the same area.

In regard to the per diem overpayment, there are a few companies that I am aware of that do this. Not very smart and it makes for a great surprise when all that excess reimbursement has to be added back as income on the return :)
 
Joseph Smith EA/RRT
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Re: Question about tax advantage programs

Posted by Joseph Smith on Aug 3, 2011 11:02 am

Ok

Article 5 of the NATHO guidelines would actually suggest a 13 week break to "restart the clock", but even at that, a tax home is where you earn your income so you would never want a location to become your primary place of income over a longer term. Travelers operate under an exception to this rule, but the exception can be forfeited by frequent and repetitive returns to the same location. This is why we tell our clients to avoid spending more than 12 out of 24 months in the same area.

In regard to the per diem overpayment, there are a few companies that I am aware of that do this. Not very smart and it makes for a great surprise when all that excess reimbursement has to be added back as income on the return :)
 
Joseph Smith EA/RRT
Enrolled Agent, Respiratory Therapist
Admitted to practice before the IRS
www.traveltax.com
info@traveltax.com
402.379.7818
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