The one-year rule (temporary vs. indefinite)
The rule (settled)
An assignment in one location is temporary if it's realistically expected to last (and does last) 1 year or less. It's indefinite if it's realistically expected to last more than 1 year, even if it ends up shorter. Travel to an indefinite assignment isn't deductible, and stipends for it are taxable. (IRC §162(a) flush language; Pub 463 (2025); Rev. Rul. 93-86, 1993-2 C.B. 71)
The "expectation" nuance
- What counts is your realistic expectation at the start, and again whenever it changes.
- Example (Pub 463 "Fresno"): a job expected to last 9 months gets extended at month 8 to run beyond a year. It becomes indefinite on the date the expectation changed. Expenses before that date stay deductible; expenses after it don't.
- A job realistically expected to last 18 months is indefinite from day 1, even if it ends at month 10.
What it means for you
- Always log extensions with the date you agreed to them.
Gray areas
- Back-to-back assignments in the same area: "A series of assignments to the same location, all for short periods but that together cover a long period, may be considered an indefinite assignment." (Pub 463 (2025))
- The agency guideline of "no more than 12 months in the same metro within 24 months" is industry practice, not a published IRS bright line.
Go deeper
- Statute. "The taxpayer shall not be treated as being temporarily away from home during any period of employment if such period exceeds 1 year." (IRC §162(a), flush language)
- If an assignment becomes indefinite, amounts your employer pays for living expenses must be included in income, "even if they are called 'travel allowances' and you account to your employer for them." (Pub 463 (2025))
- The same interpretation is in Rev. Rul. 93-86, 1993-2 C.B. 71.
Example From the research
Pub 463 "Fresno": a job expected to last 9 months gets extended at month 8 to run beyond a year. It becomes indefinite on the date the expectation changed. Expenses before that date stay deductible; expenses after it don't.
Example numbers are hypothetical and come from the source research. Your situation will differ.
Common mistakes
- Repeated contracts in the same location that together cover a long periodMay be treated as one indefinite assignment, which would make stipends taxable from that point. There is no IRS day count (gray area).Source: Pub 463 (2025), ch. 1 ('series of assignments'); IRC §162(a)
What to keep
- Each contract: start/end dates, location, extensions (to track the 1-year rule)From: Nurse tax brief §5
- Every extension, with the date you agreed to itFrom: One-year rule card
Sources
- Pub 463 (2025), ch. 1, Temporary Assignment or Jobhttps://www.irs.gov/pub/irs-pdf/p463.pdf
- IRC §162(a) (Cornell LII)https://www.law.cornell.edu/uscode/text/26/162
Research, not tax advice. Confirm with a CPA or EA before filing.