Thank you for clearing up a confusing area. Your article raised a new question for me: as the owner of an S corporation, do I have the option of taking the home office deduction OR paying myself rent?
Your Home Office: Tax Matters
This is an article about how you should think about your home office for tax purposes.
*Intuit is providing a series of articles for the Biznik community during the month of April. We are pulling together the best articles that we can find from within the company that we think might help you.*
Article By Betsy Dee, small business owner in San Francisco
The Home Office Deduction: It’s Okay to Take It. Really.
In 1999, Congress clarified the rules on this once controversial deduction and now allows more taxpayers to take it. But if you’re going to do business out of your home, get to know the rules with our Official Do’s and Don’ts List for Your Home Office.
Setting up shop at home? Know the tax implications
Your home office deduction is allowed if the space you’re claiming is used exclusively for an office or to store inventory.
DO make it strictly business
Be sure you’re using the space as the principal place of business for meeting clients or customers and/or business administration.
DON’T use it for leisure
Your home office cannot be used for anything other than business purposes (this includes watching television, sleeping, helping your kids with homework on the computer—even paying personal bills online, if you can believe it).
DO take the related deductions you’re entitled to
Take a portion of your rent or mortgage interest, property taxes, utilities and repairs as part of your home office deduction. The deductible portion is based on the square footage of the area used for business as a percentage of the total square footage of the home. Use the Deduction Calculator
DO claim your eligible deductions in more than one schedule
Take the part of the mortgage interest and property taxes that aren’t deducted as home office expenses as part of your itemized deductions on your Schedule A.
DON’T take the deduction if you pay the ATM
If you generally have to pay the Alternative Minimum Tax (ATM) when you itemize deductions, look carefully at how a home office deduction could alter your AMT status. (You may want to forego the home office deduction.)
DO your homework on capital gains tax
If you include home depreciation as part of the home office deduction, if you sell your home at a profit, you’ll have to pay a capital gains tax on the total amount of depreciation deductions you took while you were living there. (The good news: This tax does NOT apply to any other deductions you took.)
Corporations, Partnerships and multi-member LLCs
Individual owners of S corporations, partnerships and multi-member LLCs can take a deduction for home office expenses if they qualify.
DO know what you’re entitled to claim—and where
Claim the deductions for your home office on your personal return if you’re a shareholder and your home office is your only business office. Form 8829 is used to calculate the deductible amount. List it as a “Miscellaneous Itemized Deduction” on your Schedule A.
DO know the law
By definition, real estate earnings and losses are considered "passive" investments unless you are "actively" and materially involved in the investment.
So if you’re an S corporation, you may be able pay rent to a shareholder for use of a home office. The income and expense would then be treated as rental activity and entered on Schedule E of Form 1040. If the shareholder is active in the S corporation, the activity is considered non-passive and is not subject to passive loss limitations.
DON’T worry. Help is out there
For more information about Passive Activities, visit the TurboTax Support Web Site. And be sure to visit IRS Publication 925: Passive Activity and At-Risk Rules.
Article from www.jump.com: JumpUp is a free website and community from Intuit that helps new businesses get up and running successfully.
Learn more about the author, Laura Messerschmitt.
Comment on this article
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Posted by Molly Gordon, Suquamish, Washington | Apr 01, 2008
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Posted by Beth Yockey Jones, Seattle, Washington | Apr 01, 2008
It doesn't seem reasonable that you're not expected to use your home office for things that anyone at a corporate job would do at their office... (Pay bills, check personal emails, etc.) I have been told that the IRS wouldn't check for that.
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Posted by Molly Gordon, Suquamish, Washington | Apr 01, 2008
I suspect the the letter of the law and the actual implementation may vary a bit here. Laura?
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Posted by Mark Silver, Portland, Oregon | Apr 01, 2008
Yes, it is unreasonable, and I think Molly has a bead on it. The main thing is, just like an employee at a corporatin, don't let the boss catch you at it. ;)
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Posted by Laura Messerschmitt, San Carlos, California | Apr 02, 2008
I would agree. The letter of the law and the way you interpret it / choose to implement it are different questions. That said, I also sent your question to a business tax expert that I work with. As soon as I hear back from her, I'll post her response here!
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Posted by Laura Messerschmitt, San Carlos, California | Apr 02, 2008
Molly, I asked a tax accountant your question about S corps. She said that you can take a deduction for the home office, if you meet the requirements. You can also pay yourself rent... but then you'd have to declare that as income on your individual return, so it would likely be a wash.
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Posted by Floyd Talbot, San Jose, California | Apr 06, 2008
As a California State certified tax preparer and QuickBooks ProAdvisor, I believe you have done a service for your readers in giving them practical tips on the use of a home for business purposes. One additional item: give forethought to this tax deduction if you ever have intention of selling your home. Any depreciation expense you take for a home office must be considered in the sale.
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Posted by Molly Gordon, Suquamish, Washington | Apr 06, 2008
Thanks, Laura!
Article tags
- tax
- taxes
- intuit
- deduction
- home office
- irs
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