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The general rule for taking a home office
deduction is that if you are an individual or an S
corporation, no deduction is allowed with respect to the use
of a dwelling unit which is used by you as a residence.
However, there are several exceptions to this rule. The rule
does not apply to any item of deduction to the extent that the
item is allocable to a portion of the dwelling unit which is
exclusively used on a regular basis in one of the following
ways:
- As the principal place of business for
your trade or business
- As a place of business that you use for
meeting patients, clients, or customers
- In the case of a separate structure which
is not attached to the dwelling unit, in connection with
your trade or business
- As a place for the performance of
administrative or management duties where there is no other
office available for those duties
The application of the principal place of
business exception becomes complicated in cases where the
business is conducted at more than one location. In such a
case, a comparison of the locations must be undertaken to
determine which location is the "most important,
consequential, or influential," and hence, the principal place
of business. This inquiry is essentially a
facts-and-circumstances inquiry which is guided by two primary
considerations:
- The relative importance of the activities
performed at each business location
- The time spent at each location.
In determining whether the office in your
home is your principal place of business, the "relative
importance" test is applied first. The "relative importance"
test compares the activities performed at each business
location. If this test provides no definitive answer, the
"time" test is then applied. The "time" test looks at the
amount of time spent on business at home with the time spent
on business at other locations.
There are, however, limitations on the
amounts you can deduct each year. Your deduction cannot exceed
the gross income derived from the business use of the dwelling
less deductions allocable to the business portion of the unit
whether or not it was used in a business (taxes and interest)
and deductions allocable to the business but not allocable to
the qualifying business use of the unit itself (e.g., expenses
for supplies and compensation). Also, the business deductions
are allowable in the following order:
- Deductions allocable to the business use
without regard to whether the unit is used for business
(interest and taxes)
- Deductions allocable to the business but
not allocable to the business use of the unit
- Deductions allocable to the business in
which the qualifying business use occurs which are allocable
to the use of the unit (depreciation, utilities, etc.).
Any remaining deductions allocable to the
use of the home are carried over to the next year (subject to
next year's income limitation). Also, the expenses allocable
to the portion of the unit used for business purposes may be
determined by any reasonable method under the circumstances.
The allocation can be made according to the number of rooms or
by square footage, for example.
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