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Monday, November 17, 2008

The Facts About Home Based Business Deductions



 

Home based businesses allow home owners to recoup expense for their business.  However, when it comes to deductions and rules regarding home based businesses, things can get complicated.  Relying on hear say and information from others can get you into legal trouble.  The best way to stay on top of what you can and cannot do with your home based business, is to carefully read up on the federal laws regarding such businesses.

Does your home based business need a tax ID number?  Well, it depends.  A sole proprietor of a company that does not have any employees may not need a tax ID.  If they do not file any excise or pension plan tax returns, as a sole proprietor you do not need a tax ID number.  Your social security number will be your taxpayer identification number if you are a sole proprietor with no employees. 

There are some instances in which you will need to change your employer identification number.  If your home based business changes ownership a new number may be needed as well as if the business has been purchased or inherited and you plan on operating it as a sole proprietorship.  If your business is changing to a corporation to a sole proprietorship or a partnership is becoming a corporation or sole proprietorship.  A new tax ID number is also needed if the owner of a home based business dies and the estate assumes the business.

When does your home based business become a business?  Many people start off their home based businesses as hobbies.  However, there is a line where a hobby becomes much more than that.  There are a few things you want to ask yourself to distinguish between whether or not you are dealing with a hobby or a business.  While there is no one factor that will clearly set a hobby apart from a business, there are a few stand out circumstances to think about.

Are you carrying out the activity in a businesslike manner?  Are you putting in a fair amount of time and shooting to make a profit from it?  Is the income that you draw from the activity part of your livelihood? If you are planning on making a profit from this activity in the upcoming years and including it in your livelihood you have business.  If you don't keep track of your profits or care how much you make, you might be dealing with a hobby.         

What deductions can you take for your home based business office?  The part of your home that is used for your home office you can claim depreciation for.  Typically the area of your house that you use as the home office is depreciated over a recovery period of 39 years.  The straight line method of depreciation and a mid month convention is used to figure this out.  The basis of your home should still be reduced when selling for the allowable depreciation of the area of your home that is being used as your office. 

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