Can I file my personal taxes from my previous address if I spent most nights there last year?
I recently moved to California but I still own a condo at my previous address and I spent most nights there last year. My new job sent my w2 to my new address.
I'm interested in filing from the previous address because I received the first time homebuyers credit 2 years ago. The rules say that if you move within 3 years then you have to pay that back.
Will I be able to file from my previous address in order to keep from paying that?
Also will I simultaneously be able to deduct my moving expenses?
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You can be domiciled in only one state, and you can choose to be domiciled in your previous state if you wish, especially since you still own property there, and even more so if you have not transferred your voter registration etc. But if you do so, you will have to pay nonresident income tax in California, cannot deduct moving expenses, of course, but will not have to give up your new home buyer's credit.
You obviously can't keep the credit since you moved. The fact that you use incorrect mailing address on your return has absolutely nothing to do with it.
I don't know how it works at IRS, but I would argue that any significant (i.e.: not rounding error) mismatch between your return and your W2/1099 would raise an audit flag.
Even if you go behind the radar, you would still be breaking a law and committing a tax fraud. There's no statute of limitations on tax frauds, IRS can come back and audit this report in 20 years from now.
Edit
From instructions to form 5405:
You generally must repay the credit if, after the year for which you
claim the credit, you dispose of the home or it ceases to be your
main home during the 36-month period beginning on the purchase date.
You need to fill the part III of the form 5405, and act per instructions.
Unreimbursed moving expenses are calculated on Form 3903. That calculation feeds into Line 26 of Form 1040. It is an "above the line" deduction. If your employer paid you back for the moving expenses, you can't take the deduction.
Form 8822 is the form to notify the IRS of your change of address. If your employer is sending your W-2's to your new address, and you file your 1040 under a different address, the IRS will most likely audit you. This is an easy check for them, and they have software that does it for them.
I'll let someone else elaborate on the homebuyers credit, but if the instructions say you can't move within 3 years and you moved within 3 years, you will probably have to pay that back. There may be some clause that says if you moved for your job, you may be able to keep all or some portion of the credit, but I would just be guessing at that (don't get your hopes up).
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