"DO YOU QUALIFY FOR A HOME OFFICE DEDUCTION? "
 
By Jean DeKraker, CPA, PC

 


New Treasury rules could save you money! The rules will reduce capital-gains taxes for many homeowners who deduct home-office expenses and later sell their home at a profit.

Currently most homeowners can avoid capital gains taxes when they sell their home if they have lived in it for two out of the last five years. But if they have taken a deduction for their home office, they typically would pay tax on the gain attributable to the office portion of the home. To avoid the capital gains tax (and also because they are afraid of an audit) many people skip taking the deduction. The new regulations can be applied retroactively, so any taxpayer to whom these regulations apply can amend an open tax year (generally, 3 years).

The new rule says homeowners don’t have to allocate any part of the gain to the business portions of their home, as long as their office was within their residence.

 First, do you meet the requirements? 

  • The home office is your principal place of business, and you use the office space regularly and exclusively for business.
  • The home office is not your principal place of business but you use it to meet regularly with clients.
  • The home office is not your principal place of business, but it is in a structure separate from your home.
  • If you are an employee, your home office must be for the convenience of your employer and you must meet several requirements. Telecommuters who work at home “for the joy of it” don’t qualify. But if you spend so much time at home that your boss gives away your office, then you meet the convenience-of-the-employer test and qualify for the deductions.

What can you deduct?

Home office deductions generally are based on the size of your office relative to the size of your entire home. For example, if you have a 2,000-square-foot house and a 300 square-foot office space, you can deduct 15% of your home expense as office cost.

These expenses can include property taxes, mortgage interest, homeowner’s insurance, utilities, household maintenance and repairs and alarm systems, among other things. Expenses directly attributable to the office – such as paying to have it painted and cleaned and separate hookups for the other telephone and utilities can be  can be 100% deductible or depreciable.

Consult your tax advisor for more information.

 

   

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