mileage deduction from 2 homes

[tekstyle]

What is the name of your state (only U.S. law)? CA

Hi everyone,

It is that time of year where everyone is gathering all their information and documents to files their tax returns. One brick wall I ran into today is trying to figure out my mileage deductions for work. I have searched google and also on the IRS publications with no luck. Here is the issue:

first off:
1) I pay mortgage and the property taxes on property A, which I owned since 2010 has owner's occupied but I have since only stay there 2 to 3 days out of the week annually for the past 2 years.
2) I deduct my mortgage interest and property tax on my returns every year.
3) I rent property B 100 miles away because it is much closer to work. I spend 5 days out of the week here.
4) I still have all my documents, important mail, tax return, DMV records, all bills, and bank statements sent to property A
5) I do not rent property A out or make money off it. It is solely for my use when I travel back there (family is in the area).


I work as an independent contractor in 2 locations. On Friday after work from office closer to property B, I spend the night at property B. On Saturday morning, I start my commute from property B and travel 65 miles to work to my second temporary work location which is 22 miles from property A (the second office location is in between my 2 homes). after work, I go to property A to spend the rest of my weekend and with family. then I return to property B on Sunday.

A) IRS states that in order to make a home a primary residence, I have to be there majority of the year, which makes it owner's occupied. However, that appears to only apply for the first year of ownership. Can I treat property A as a second/vacation home, since I rent and not own property B?
- Can I deduct the mileage from property B > work > property A (only there for temp job) > Property B (round trip)?
- Can I deduct the mileage from property B > second temp work location > property A (only there for temp job) > second temp work location >Property A > Property B (round trip)?
- Can I treat both Properties as my primary residence?

Thanks in advance!

 

[davew128]

No matter how you spin this, its all commuting to and from your home.

 

[OHRoadwarrior]

You have made your work home clear, the one by work. The other as you noted is for weekend retreat to spend time with family.

 

[davew128]

You have made your work home clear, the one by work. The other as you noted is for weekend retreat to spend time with family.

I wouldn't even make that distinction. Whether you're in SoCal or the NE corridor, 65 miles, while a tedious drive, isn't out of the home area to be considered overnight travel if you stay there.

 

[OHRoadwarrior]

Which is fruit for thought in case of an IRS audit. When you take questionable deductions, they have a habit of disallowing all questionable deductions. The only question, is it worth the gamble.

 

[tekstyle]

No matter how you spin this, its all commuting to and from your home.

for 4 days out of the week, I work an employee job where I do not deduct any miles. for 2 to 3 days out of the week, I work as an on-call independent contractor with no expected length of time at the locations I am required to travel to do work. majority of the time, I reside at property B which is closest to my employee job (W2).

I consider my home as an office since I am an independent contractor and I need to go to a different location to do my trade. the work location I work at is also on-call which means I am not expected to be there for longer than 1 year. in fact, I am hired on a month to month basis to do contract work. doesn't this make it a temporary job location for me? based on IRS rules, commuting from work to a temporary work location and back is deductible.