Taxes and Homework
By Mark E. Battersby
Mark E. Battersby is a tax consultant based in
Ardmore, Pennsylvania, who writes frequently on taxes and finance.
The temptation to forget all about taxes for a while may never be greater than
right after April 15, but resist it! There is one tax-saving strategy that every
jewelry, gem, or bead artisan can profit from right now. Beginning in 1999, Congress
has made it easier than ever to claim a tax deduction for the expenses related
to maintaining a home office or shop.
That's right, whether you work at home or operate a home-based craft business,
many expenses are clearly tax deductible. In the past, however, many self-employed
craftspeople have been denied a tax deduction for the expenses associated with
an office in the home - at least for performing primarily administrative functions
there, and especially if they performed those functions at other locations and
only oversaw operations while at their home offices. Now, every artisan can claim
deductions for an office in the home even if this is where only administrative
or management activities for the business are performed.
This means that an artisan will be allowed a home office deduction under this
rule even if services are provided to customers or clients at some location outside
the home. In addition, the deduction is allowed even if some of the administrative
or management activities, such as billing, are performed by others at other locations.
The home office deduction will be available under the new rule even though the
artisan performs the same administrative activities in other places, such as in
a car or hotel room, that are not fixed locations, and even if another office
is available for performing those same activities.
Even under these rule changes, however, no craftsperson is automatically entitled
to deduct the expenses of using his or her home for business purposes. Of course,
if those expenses are attributable to a portion of the home (or even a separate
structure) that is used exclusively and on a regular basis as a place of business,
the expenses may be deducted - subject to limitations and restrictions.
The tax rules define a place of business as being either the principal place
of any business carried on or as a place of business that is used by patients,
clients, or customers in meeting or dealing with the taxpayer in the normal course
of business. The exclusive-use test or requirement is not met if the home space
is used for both business and personal purposes.
An unusual exception to the above rule is provided for what our lawmakers call
a wholesale or retail seller, whose dwelling is the sole fixed location
of the craft operation. In this case, the ordinary and necessary expenses allocable
to the space within the dwelling unit that is used as a storage unit for inventory
are tax deductible provided that such space is used on a regular basis and is
a specifically identifiable space suitable for storage.
Fortunately, most jewelry, bead, and gem artisans have a specific area within
their home that is used solely and expressly for the purposes of carrying on a
trade or business. However, even with a qualifying home office or shop, there
is a limit to just how much may be claimed as a tax deduction.
Under our tax rules, the home-office expense deduction is limited to the total
income derived from the craft activity - reduced by any expenses of that activity
that may be deductible regardless of whether there is a qualifying home office
or shop. In other words, regardless of whether a home office exists, such expenses
as taxes and mortgage interest may be deductible. With a home office or shop,
a portion may be deductible as a home office expense and the balance as a personal
itemized deduction.
Any deductions that may be disallowed because they would create or increase
a net loss from the business may be carried over to future years, subject to the
same limit in the carryover years. There are many artisans who have regular employment
elsewhere as well as those who are employees of their own creative businesses
who maintain home offices. Fortunately, employees are also permitted to claim
a tax deduction for home office expenses - albeit limited and subject to the restrictions
and ceilings placed on personal itemized deductions.
In order for employees to qualify for the home office deduction, they must
meet the requirements already mentioned. In addition, the exclusive use of the
home office (or shop) must be for the convenience of the craftsperson's employer.
And that doesn't mean renting the home (or a portion of it) to the employer. The
IRS and the courts frown on this tax dodge.
Generally, an employee's home office expenses must be taken as a miscellaneous
itemized deduction subject to the two percent floor on Schedule A of Form 1040.
Those doing business as sole proprietors, of course, can use Schedule C of Form
1040 (Schedule C-EZ may not be used).
On a more positive note, our tax rules permit individuals, employees, or craft
business owners who use their homes as their principal place of business to deduct
transportation expenses that would otherwise be classified as nondeductible commuting
costs. Unlike someone who must commute to and from work, the employee with a home
office or a craftsperson using the home as his or her principal place of business
is permitted to deduct the cost of transportation, that is, going from that place
of business to a customer's or client's office or place of business or merely
running business errands.
Today, almost everyone, employee, sole proprietor, or employee of her or his
own business, is entitled to an income tax deduction for the expenses associated
with maintaining a home office. Every artisan can now benefit from the existing
tax deductions that are available - and legal - for the use of a home office or
shop. Naturally, they must obey the rules.
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