Do you have a tax home?

Almost every rule about meals, lodging and travel on the road starts with the same condition: being away from a tax home. So this is the question to answer first, and it is not the question most people think it is.

A tax home is not simply where your house is, and it is not created by the job title. Driving across the country all year does not by itself establish one, and neither does having family somewhere.

What the rules say

26 U.S.C. § 162(a)(2) allows a deduction for traveling expenses only while away from home in the pursuit of a trade or business, so the existence of a tax home is a precondition rather than a consequence of the work performed.

Publication 463 describes the tax home as the regular or main place of business, and where there is no regular or main place of business it looks to whether there is a regular place of abode, treating a taxpayer with neither as an itinerant whose tax home is wherever work is performed.

The factors the guidance names

Work through it

Four questions, taken straight from the factors above. Nothing is saved and nothing is sent anywhere. Where the answers do not settle it, the result says so.

  1. Is there a regular or main place where you do your work or run your business?
  2. Do you do part of your work in the area where you say your main home is?
  3. Do you keep paying to keep that home going while you are out on the road?
  4. Is that area still where you live, rather than somewhere you have moved on from?
  • The answers point to a tax home

    On these answers there is a place the rules would treat as your tax home. That is the door being open, not the deduction being granted: what you can actually claim still depends on the rules for how you are paid.

  • The answers point to no tax home at all

    Some drivers have no regular place of business and no regular place they live. The guidance treats that as a real situation with a name, and someone in it is not travelling away from a tax home, because there is nothing to be away from.

  • This one depends on the full facts

    Your answers land in the middle, and the guidance says outright that this is where the whole picture matters. There is a real test here, but it does not resolve from a handful of yes-and-no answers.

  • Not enough answered yet

    We cannot answer that from what has been entered. The rules turn on facts we do not have, so we would rather say so than guess.

What we are not saying here

Where this comes from

Every rule stated on this page comes from the law, the regulations, or IRS guidance, and each one is linked so it can be read directly.

Still being read

These are questions on this page we have not finished reading the authority for. We list them rather than fill the space with a guess.

Where to go next

How we research this

Nothing here works out an amount for one person. It explains which rules apply so a driver knows what they are looking at, and what to bring to whoever prepares the return.

This page is educational. It is not tax advice, and it is not a determination about any one driver's return. A tax professional who can see the whole situation is the right person to apply these rules to it.