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jaganath_r
Feb 20, 2008, 09:59 PM
Hi

I am H1-B holder who came on an assignment to Texas in May 28, 2005
The trip was supposed to be for a short term
The last time I was in US before that was in Aug 28, 2004 for a diff client in chicago

My 2005 visit was supposed to be a short one (3 months)
But got extended till now (2007)
But I did not get reimbursed for anything

Do I get to file 2106-EZ form?
I need to know if I can deduct my apartment rent
If not what is the exact condition to use 2160-EZ?

Also when I submit an Amendment I need to submit 1040X
The other forms like 1040,1116 etc, do they need to be of the year I am amending or for the latest year ?

Kindly clarify

Regards
Nathan

AtlantaTaxExpert
Mar 6, 2008, 01:31 PM
Negative on the Form 2106.

Once the assignment extended beyond one year, it was noi longer a temporary work assignment, but rather a permanent job location change in the eyes of the IRS, so the daily living expense (inluding rent) were NO LONGER DEDUCTIBLE on Form 2106.

If you amend and attach forms to the Form 1040X, you must use the forms for the year being amended. You can get these forms from Home - 1040.com (http://www.1040.com).