Discussion:Business space usage in an apartment
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Discussion Forum Index --> Consumer Questions --> Business space usage in an apartment
| 7 January 2009 | |
| Hello, I have started an S-corp in 2007 and doing all my accting and tax filing by myself for 2008. I have a few questions.
1) I live in a 3 bedroom rented townhouse and have my office setup in one of the rooms. How much percentage of rent can I claim as office space? rather what is the maximum permissible deduction? 2) How much can i claim on utility bills? 3) I did a business travel last year and how are the travel expenses (airline tickets, hotel) handled in deductions? 50% like meals and entertainment or total? | |
| 7 January 2009 | |
| You, as a shareholder, are not entitled to a home office deduction on your 1040. And shareholders are not allowed to rent property to their corporations. The best you can do is have the corporation reimburse you for your expenses under an accountable expense reimbursement plan. The corp. will be entitled to a deduction and you will not have income. The key is an accountable plan. But the best advice I can give you is to get professional tax advice. -- Larry Hess, CPA | Albuquerque, NM | |
| 7 January 2009 | |
| Hello,
I am not talking about deduction on my 1040. I am talking about claiming a % of space usage on companys expense sheet. suppose I pay a rent of 2100/month for my apartment. My business address is same as my residence address. Since, I am using 1 bedroom as office space for my business, I am thinking in the lines of claiming like 33% of the rent I pay, which is 700$/month as office space and take the expense on the companys balance sheet. | |
| 7 January 2009 | |
| You and the corp in which you are a shareholder are different persons legally. The corp. doesn't rent your apartment so isn't entitled to any deduction. The rest of the info. you have given may be justification for an expense reimbursement arrangement. -- Larry Hess, CPA | Albuquerque, NM | |
| 7 January 2009 | |
| I had my bookkeeping and S-corp tax filings done by a CPA for 2007 year and he has done the same and I am following the same standard for 2008 for which I am doing by myself. Wonder who should I rely on. | |
| 7 January 2009 | |
| Would you be kind enough to point me to any IRS publication where I can read some print on business space and mileage reimbursement usage? | |
| 7 January 2009 | |
| Q1: Wonder who should I rely on.
A1: A competent, knowledgeable, experienced tax professional you engage to do the job and to whom you pay a fee. Q2: Would you be kind enough to point me to any IRS publication where I can read some print on business space and mileage reimbursement usage? A2: Pubs. 334 & 463 & 535. I don't think I've connected with you regarding the business space. One more try: deductions are allowed only to the person who makes a payment. You, as an individual, signed the lease for your apartment and are responsible for the rent. You corporation is a separate "person" under the law and is not involved. If you use part of the apartment for the benefit of the corp., it can reimburse you for the expenses you incur that would be deductible by by you as home office expenses. Those expenses are discussed in Pub. 587. If that doesn't do it for you, I hope another TaxAlmanac participant can explain it better. -- Larry Hess, CPA | Albuquerque, NM | |
| 7 January 2009 | |
| Thanks Larry, for the explanation.
"If you use part of the apartment for the benefit of the corp., it can reimburse you for the expenses you incur that would be deductible by by you as home office expenses. Those expenses are discussed in Pub. 587." So, based on this, .......my S-Corp is reimbursing me for using 400 sqft of my apartment (1500 sq ft) as my home office....". But, as such, I cant take deduction for the apartment by the S-corp by itself..Is this true interpretation? | |
WhitehouseDH (talk|edits) said: | 9 January 2009 |
| You, as a shareholder, are not entitled to a home office deduction on your 1040. And shareholders are not allowed to rent property to their corporations
Larry, who then is entitled to the home office deduction if not a business owner. You wording makes it seem as if no one can claim it unless the property is in the name of the corporation. I thought the purpose of the home office deduction was for the benefit of small business owners and those who work from home. | |
| 9 January 2009 | |
| This is why there are paid tax professionals. Go and find one. | |
| 9 January 2009 | |
| I thought the purpose of the home office deduction was for the benefit of small business owners and those who work from home.
That's a public policy, if not political, issue that you have to take up with Congress. You and I have to know and follow the rules that they and the IRS have given us. In a case like yours, that's a good reason to take Kevin's advice. -- Larry Hess, CPA | Albuquerque, NM | |
| 9 January 2009 | |
| Because the home office is for sole proprietors, not S-corps. Different entity, different tax treatment. For a shareholder/employee, the corp would have to set up an employee reimbursement plan, and have the employee submit expenses for reimbursement. More paperwork involved and a much different structure. Get help. And if your preparer, CPA or not, writes off a home office as the op-er indicated, see another one, since that one is incorrect. | |
WhitehouseDH (talk|edits) said: | 11 January 2009 |
| This is why there are paid tax professionals. Go and find one.
Is that your answer to every topic posted here? I don't see the need to feel threatened by people asking general questions. And if you were paying $215/hr for tax advice you would at least want to know some basics to make the best use of your time, or at least any responsible person would. | |
| 11 January 2009 | |
| I doubt Kevin "feels threatened." The OP was answered, re-answered, and re-answered. Since you are not the OP and the elevator has not reached the top, a face to face encounter with a paid professional is about the only other option. | |
Death&Taxes (talk|edits) said: | 11 January 2009 |
| And one of the wonders of our world is that you will find a 'tax professional' who will agree with you and give you the deduction you seek, whether correct or not. | |
| 11 January 2009 | |
| How true DT! Many Madoffs' around. Probably why potential sanctions have increased. A little sweat and research (at least the IRS site) should be part of each taxpayer's diet. | |
WhitehouseDH (talk|edits) said: | 12 January 2009 |
| And one of the wonders of our world is that you will find a 'tax professional' who will agree with you and give you the deduction you seek, whether correct or not.
Interesting, all the more reason to know a little something yourself. A little sweat and research (at least the IRS site) should be part of each taxpayer's diet. Exactly | |


