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Office Deduction - Special Rules for Certain Professionals Who
Have a Principal
Place of Business Outside the
Home
There are special rules
related to the Home Office Deduction for those professionals who
have a
principal place of business outside
the home and in addition,
conduct
services related to that trade or business at their in-home
office.This
discussion applies to employed
doctors, dentists, attorneys
and other professionals who maintain offices in their homes.
To qualify for a Home Office Deduction,
the employed taxpayer must meet three core requirements.According to the IRS:
You
must use part of your home exclusively (a separately
identifiable space
that cannot be used for both business and personal purposes)
and regularly
(more than incidental or occasional business use of that
specific space) for
business;
You
physically meet with patients, clients, or customers on your
premises and
Your
home is substantial and integral to the conduct of your
business.
As an employee, any use of your home in
connection with your employment must be for the convenience of
your
employer.In that
regard, it may be
advisable that the employer and employee have an employment
contract requiring
the employee to maintain an office in their home, though this is
not
required.In some
cases the employee
could enter into a lease with the employer for the home office
space.The part of
your home you use exclusively and
regularly to meet patients, clients, or customers does not have to
be your
principal place of business.
A word of caution - using your home for
occasional meetings and telephone calls will not qualify you to
deduct expenses
for the business use of your home.
For years 2018 through 2025, the Tax Cuts and Jobs Act did away with this itemize deductions along with all other so called 2% AGI limited deductions.Thus, until Congress changes the law or the TCJA lapse in 2025, the home office
deduction can no longer be reported on Schedule A, line 21 and subjected to the 2 percent of adjusted gross
income limitation.
If you have any questions, do
not hesitate to contact the professionals at Dana S. Beane &
Company, PLLC