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  #24  
Old 01-05-2007, 12:35 AM
Seth Breidbart
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Posts: n/a
Default Re: self-employed expensing question

- quote -

> > My only question is, what brand of Scotch?

> Brand? What is this "brand" of which you speak?
> Macallan cask strength.
> Moderator:
> Keep the Scotch and the Drambuie in a refrigerator so you
> won't need ice. If two double Rusty Nails doesn't relax
> relax you, you may need Valium. LoL


Anybody who would mix Macallan cask strength with Drambuie
(or anything else besides a splash of mineral water) would
double words in a post.

Mixing is for the cheap stuff.

Seth

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #23  
Old 01-01-2007, 04:09 AM
Arthur Kamlet
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Default Re: self-employed expensing question

- quote -

> > It means exactly what it says. Someone deducts the cost of a
> > home office but doesn't include any deduction for rent or
> > depreciation. Happens all the time.


> Sure, my point here is that there's no line on Schedule C
> called "home office deduction".


Try Line 30.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #22  
Old 12-30-2006, 06:48 PM
Seth Breidbart
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Default Re: self-employed expensing question

Bill Brown <brownwp[at]longwood.edu> wrote:
- quote -

> > > If the TP doesn't have a qualified home office then the TP
> > > cannot deduct a fraction of utilities, casualty insurance,
> > > maintenance, etc.


> > What about, say, the electricity used by his business-only
> > computer (and the air conditioner to keep it alive)?


> As Dick said, it would have to be separately metered. The
> after tax effect of that strategy would probably be
> negative.


But does it need a formal electric company meter with a
separate bill, or would using a Radio-Shack grade amp-hour
meter suffice?

Seth

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #21  
Old 12-30-2006, 12:52 AM
Stuart A. Bronstein
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Posts: n/a
Default Re: self-employed expensing question

sethb[at]panix.com (Seth Breidbart) wrote:

- quote -

> What about, say, the electricity used by his business-only
> computer (and the air conditioner to keep it alive)?
> Moderator:
> Electricity should be separately metered should he get
> audited. A rider on his Homeowner's equipment for
> computer, office furniture and fixtures, etc. is definitely
> deductible. I would not advice trying to 179 the alcohol
> cabinet.


But the cabinet is storage space, so it qualifies even if
it's not used solely and exclusively for business.

Stu

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #20  
Old 12-30-2006, 12:52 AM
Bill Brown
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Posts: n/a
Default Re: self-employed expensing question

- quote -

> > If the TP doesn't have a qualified home office then the TP
> > cannot deduct a fraction of utilities, casualty insurance,
> > maintenance, etc.


> What about, say, the electricity used by his business-only
> computer (and the air conditioner to keep it alive)?


As Dick said, it would have to be separately metered. The
after tax effect of that strategy would probably be
negative.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #19  
Old 12-29-2006, 12:07 PM
Seth Breidbart
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Posts: n/a
Default Re: self-employed expensing question

- quote -

> If the TP doesn't have a qualified home office then the TP
> cannot deduct a fraction of utilities, casualty insurance,
> maintenance, etc.


What about, say, the electricity used by his business-only
computer (and the air conditioner to keep it alive)?

Seth

Moderator:
Electricity should be separately metered should he get
audited. A rider on his Homeowner's equipment for
computer, office furniture and fixtures, etc. is definitely
deductible. I would not advice trying to 179 the alcohol
cabinet.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #18  
Old 12-29-2006, 12:07 PM
Seth Breidbart
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Posts: n/a
Default Re: self-employed expensing question

- quote -

> > Actually, impossible rather than merely difficult. (Prove
> > that on April 16th I didn't relax with a glass of scotch and
> > a good book and enjoy the fact that I was sitting in my
> > spare bedroom with no work to do.)


> (balance snipped.)
> My only question is, what brand of Scotch?


Brand? What is this "brand" of which you speak?

Macallan cask strength.

Seth

Moderator:
Keep the Scotch and the Drambuie in a refrigerator so you
won't need ice. If two double Rusty Nails doesn't relax
relax you, you may need Valium. LoL

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #17  
Old 12-29-2006, 12:54 AM
Harlan Lunsford
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Posts: n/a
Default Re: self-employed expensing question

Seth Breidbart wrote:
- quote -

> Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote:
> > sethb[at]panix.com (Seth Breidbart) wrote:


> > > If you don't claim to have a home office, there's no
> > > deduction or depreciation allowable. If you claim a home
> > > office and take deductions but not depreciation, you get hit
> > > for the allowable depreciation anyway.


> > I think you mean that if you don't claim a home office, it
> > would be difficult for them to prove that you actually had
> > one.


> Actually, impossible rather than merely difficult. (Prove
> that on April 16th I didn't relax with a glass of scotch and
> a good book and enjoy the fact that I was sitting in my
> spare bedroom with no work to do.)


(balance snipped.)

My only question is, what brand of Scotch?

Scotch ChEAr$,
Harlan Lunsford, EA n LA

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #16  
Old 12-29-2006, 12:54 AM
Bill Brown
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Posts: n/a
Default Re: self-employed expensing question

Steve Pope wrote:

- quote -

> Sure, my point here is that there's no line on Schedule C
> called "home office deduction". If TP is a homeowner and
> files a Sched C and does not include any depreciation for a
> fraction of his home on the Sched C, then I *think* the TP's
> position must be that whatever expenses are on his schedule
> C have some justification other than a "home office" that
> meets the regular/exclusive/priciple place of business
> definition.


If the TP doesn't have a qualified home office then the TP
cannot deduct a fraction of utilities, casualty insurance,
maintenance, etc. Other expenses (office supplies, for
example) are deductible whether the TP has a qualified home
office or not.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #15  
Old 12-28-2006, 04:26 AM
Steve Pope
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Posts: n/a
Default Re: self-employed expensing question

- quote -

> > > If you don't claim to have a home office, there's no
> > > deduction or depreciation allowable. If you claim a home
> > > office and take deductions but not depreciation, you get hit
> > > for the allowable depreciation anyway.


> > Can you provide an example of what constitutes for this
> > purpose "claiming a home office", with no depreciation
> > taken?


> It means exactly what it says. Someone deducts the cost of a
> home office but doesn't include any deduction for rent or
> depreciation. Happens all the time.


Sure, my point here is that there's no line on Schedule C
called "home office deduction". If TP is a homeowner and
files a Sched C and does not include any depreciation for a
fraction of his home on the Sched C, then I *think* the TP's
position must be that whatever expenses are on his schedule
C have some justification other than a "home office" that
meets the regular/exclusive/priciple place of business
definition.

Similarly if TP is a renter and doesn't deduct a fraction
of their rent.

Steve

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #14  
Old 12-28-2006, 04:26 AM
Stuart A. Bronstein
Guest
 
Posts: n/a
Default Re: self-employed expensing question

- quote -

> > Can you provide an example of what constitutes for this
> > purpose "claiming a home office", with no depreciation
> > taken?


> It means exactly what it says. Someone deducts the cost of a
> home office but doesn't include any deduction for rent or
> depreciation. Happens all the time.


Do you mean that ordinary and necessary business expenses
are not deductible if you have a home office but it doesn't
qualify for the home office deduction? I doubt that's the
case.

Stu

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #13  
Old 12-28-2006, 04:26 AM
Seth Breidbart
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Posts: n/a
Default Re: self-employed expensing question

Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote:
- quote -

> sethb[at]panix.com (Seth Breidbart) wrote:

> > If you don't claim to have a home office, there's no
> > deduction or depreciation allowable. If you claim a home
> > office and take deductions but not depreciation, you get hit
> > for the allowable depreciation anyway.


> I think you mean that if you don't claim a home office, it
> would be difficult for them to prove that you actually had
> one.


Actually, impossible rather than merely difficult. (Prove
that on April 16th I didn't relax with a glass of scotch and
a good book and enjoy the fact that I was sitting in my
spare bedroom with no work to do.)

- quote -

> But if you actually had one and could have claimed it
> and didn't, technically you are required to recapture the
> depreciation that you could have claimed.


What I'm not sure of (and doesn't matter in reality) is
whether a home office is something that has to be claimed in
order to exist. If so, depreciation isn't allowable if it
isn't claimed, even if it could have been.

Seth

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #12  
Old 12-26-2006, 09:38 AM
Bill Brown
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Posts: n/a
Default Re: self-employed expensing question

- quote -

> Can you provide an example of what constitutes for this
> purpose "claiming a home office", with no depreciation
> taken?


That would be deducting all the eligible home office
expenses (a percentage of insurance, maintenance, utilitiles,
property taxes, mortgage interest, etc) EXCEPT depreciation
on Schedule C.

Failing to do that means the tax payer pays not only more
income tax but more self-employment tax as well. A taxpayer
in the 15% bracket could pay almost 30% of the foregone
depreciation in extra taxes.

Later, when selling the house, the taxpayer would pay a
MAXIMUM of 25% in taxes on the recaptured depreciation.
Taking depreciation on a qualified home office seems like
a no-brainer to me but since the question keeps coming up it
is clear that some people have some goal in mind other than
maximizing their own after-tax dollar wealth.

By the way, the income tax hit for failing to deduct
depreciation can be cured by a change in accounting method
in the year of sale to deduct all the previously undeducted
depreciation. There is no cure for failing to reduce SE tax.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #11  
Old 12-26-2006, 09:35 AM
Phil Marti
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Posts: n/a
Default Re: self-employed expensing question

- quote -

> > If you don't claim to have a home office, there's no
> > deduction or depreciation allowable. If you claim a home
> > office and take deductions but not depreciation, you get hit
> > for the allowable depreciation anyway.


> Can you provide an example of what constitutes for this
> purpose "claiming a home office", with no depreciation
> taken?


It means exactly what it says. Someone deducts the cost of a
home office but doesn't include any deduction for rent or
depreciation. Happens all the time.

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #10  
Old 12-26-2006, 02:09 AM
Steve Pope
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Posts: n/a
Default Re: self-employed expensing question

Seth Breidbart <sethb[at]panix.com> wrote:
- quote -

> Steve Pope <spope33[at]speedymail.org> wrote:

> > Isn't it true that even if you don't claim any home office
> > deduction, you will have to recapture the depreciation
> > (because it was allowable)?


> If you don't claim to have a home office, there's no
> deduction or depreciation allowable. If you claim a home
> office and take deductions but not depreciation, you get hit
> for the allowable depreciation anyway.


Can you provide an example of what constitutes for this
purpose "claiming a home office", with no depreciation
taken?

Steve

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #9  
Old 12-22-2006, 05:34 AM
Bill Brown
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Posts: n/a
Default Re: self-employed expensing question

The day the IRS successfully asserts on audit that a
taxpayer failed to take a home office deduction (not just
depreciation but the entire deduction) when he was entitled
to do so is the day I buy drinks for regular posters to this
group at the Penny Lane Pub in Richmond VA.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #8  
Old 12-21-2006, 02:11 AM
Victor Roberts
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Posts: n/a
Default Re: self-employed expensing question

"Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:

- quote -

> I think you mean that if you don't claim a home office, it
> would be difficult for them to prove that you actually had
> one. But if you actually had one and could have claimed it
> and didn't, technically you are required to recapture the
> depreciation that you could have claimed.


Based on the discussions I have read here it seems to be
hard to prove that the area claimed as a home office was
used ONLY for business purposes, not even 1% use allowed for
personal activities. Therefore it would seem that if the
home office deduction is NOT claimed it would be exceedingly
difficult to prove that now personal activity took place in
that space. I am not suggesting that anyone "hide" their
home office, but I doubt there is any home office in which
some personal activities do not take place. Put another
way, the IRS has made it so difficult to claim the home
office deduction, I don't see how they could claim a home
office exists and is used 100% for business activities if
the home owner has not claimed that to be the case.

Not having a space devoted 100% to business activities seems
to be the default condition.

Disclaimer - I do not take the home office deduction for the
space I use for my home-based consulting business since I
also use the space for personal activities.

--
Vic Roberts
Replace xxx with vdr in e-mail address.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #7  
Old 12-20-2006, 05:26 AM
Stuart A. Bronstein
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Posts: n/a
Default Re: self-employed expensing question

sethb[at]panix.com (Seth Breidbart) wrote:
- quote -

> Steve Pope <spope33[at]speedymail.org> wrote:
> > Arthur Kamlet <ArtKamlet[at]aol.REMOVE.com> wrote:


> > > If you do claim Home Office Deduction, when you sell this
> > > property you will have to recapture the allowed or allowable
> > > depreciation, so best to take it now if you have an ofice in
> > > the home. See Pub 587.


> > Isn't it true that even if you don't claim any home office
> > deduction, you will have to recapture the depreciation
> > (because it was allowable)?


> If you don't claim to have a home office, there's no
> deduction or depreciation allowable. If you claim a home
> office and take deductions but not depreciation, you get hit
> for the allowable depreciation anyway.


I think you mean that if you don't claim a home office, it
would be difficult for them to prove that you actually had
one. But if you actually had one and could have claimed it
and didn't, technically you are required to recapture the
depreciation that you could have claimed.

Stu

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #6  
Old 12-19-2006, 12:43 AM
Seth Breidbart
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Posts: n/a
Default Re: self-employed expensing question

Steve Pope <spope33[at]speedymail.org> wrote:
- quote -

> Arthur Kamlet <ArtKamlet[at]aol.REMOVE.com> wrote:

> > If you do claim Home Office Deduction, when you sell this
> > property you will have to recapture the allowed or allowable
> > depreciation, so best to take it now if you have an ofice in
> > the home. See Pub 587.


> Isn't it true that even if you don't claim any home office
> deduction, you will have to recapture the depreciation
> (because it was allowable)?


If you don't claim to have a home office, there's no
deduction or depreciation allowable. If you claim a home
office and take deductions but not depreciation, you get hit
for the allowable depreciation anyway.

Seth

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #5  
Old 12-17-2006, 10:40 PM
Steve Pope
Guest
 
Posts: n/a
Default Re: self-employed expensing question

Arthur Kamlet <ArtKamlet[at]aol.REMOVE.com> wrote:

- quote -

> If you do claim Home Office Deduction, when you sell this
> property you will have to recapture the allowed or allowable
> depreciation, so best to take it now if you have an ofice in
> the home. See Pub 587.


Isn't it true that even if you don't claim any home office
deduction, you will have to recapture the depreciation
(because it was allowable)?

Steve

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

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