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Youre an employee who normally goes to work at your
employers offices, but you also use your home office
to do work for your employer for example, when your
employers offices are closed, or simply to do work after-hours
or on weekends. Unfortunately, very strict rules govern whether
employees can deduct home office expenses rules that
you will probably find are extremely difficult or impossible
to meet.
Convenience of the employer requirement.
For employees such as yourself, the first and most
significant obstacle to qualifying for home office
deductions is the convenience of the employer requirement.
An employee may deduct home office expenses only if the home
office is maintained for the convenience of their employer.
This requirement is satisfied if:
you
maintain your home office as a condition of employment-in
other words, if your employer specifically requires you to
maintain the home office and work there;
your
home office is necessary for the functioning of your employers
business; or
your
home office is necessary to allow you to perform your duties
as an employee properly.
The convenience of the employer requirement is hard to meet.
To do so, you must maintain your home office for your employers
convenience, and not for your own.
The convenience-of-the-employer requirement is not
satisfied if your use of a home office is for your
convenience, or is merely appropriate and helpful
in doing your job. Merely doing work for your employer in
your home office does not
make your use of your home office for the convenience of your
employer. Its not enough that your employer benefits
from the work you do in the home office. Using a home office
for overtime work because its more convenient
for you isnt, under these rules, for the convenience
of your employer. Nor is using your home office to do work
when your employers offices are closed unless
your required work hours extend beyond the time those offices
are open, and the employer doesnt provide any alternative
space for you to work in.
Moreover, if your employer does not specifically require
you to do work at home or to maintain a home office, and provides
you with adequate office space on its premises that is reasonably
available for you to do your required work, your maintenance
of a home office will not
be treated as for the convenience of the employer.
If you manage to overcome the convenience of the employer
obstacle for example, because your employer does
require you to maintain a home office and work there, or because
your employer doesnt provide adequate office space where
you can do what you are required to do as an employee
there are other hurdles to jump. In order to deduct home office
expenses assuming the home office is for the convenience
of the employer you must meet one of the three tests
described below: the separate structure test, the place for
meeting patients, clients or customers test, or
the principal place of business test.
Separate structures. You may
deduct the costs of a separate structure that is not attached
to your dwelling unit that is used exclusively
and on a regular basis as a home office for your activities
as an employee.
Home office used for meeting patients,
clients, or customers. You may deduct your home office
expenses if you use your home office, exclusively and on a
regular basis, to meet or deal with patients, clients, or
customers of your employer in the normal course of your duties
as an employee. The patients, clients or customers must be
physically present in the home office. Telephone calls to
them from your home office wont do the trick.
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Principal place of business.
You may deduct your home office expenses if you use your home
office, exclusively and on a regular basis, as the principal
place of business for your work as an employee. Unless you
spend most of your work time in the home office (or unless
you satisfy the rules described below), youre not likely
to meet this test.
A home office will qualify as your principal place
of business if you use the home office, exclusively
and on a regular basis, to conduct administrative or management
activities required in your capacity as an employee, if there
is no other fixed location where you conduct those activities,
and if your use of the home office for these purposes is for
the convenience of your employer. Therefore, unless your workplace
at your employers offices is wholly inadequate for performing
the administrative or management tasks required as part of
your job, and your use of the home office otherwise satisfies
the convenience of the employer requirement discussed above,
you probably wont be able to take advantage of this
new rule.
Exclusive and regular use requirements.
As noted above, when you claim to be using your home office
under any of the three tests outlined above, the home office
must be used exclusively
and on a regular basis in
connection with your work as an employee.
The exclusive use requirement means that you must use your
home office solely for the
purpose of carrying on your work as an employee. Any
other use of the home office will result in loss of all deductions
for your home office expenses. For example, if you work in
a den that your children use to watch television, the den
fails the exclusive use requirement.
The regular basis requirement means that you must use the
home office in connection with your work as an employee on
a continuous, ongoing or recurring basis. Generally, this
means a few hours a week, every
week. Occasional, once-in-a-while business
use wont do.
Determining and reporting deductible
home office expenses. If you succeed in satisfying
the various requirements discussed above, you determine the
amount of your deductible home-office expenses on a special
worksheet, and report them on Schedule A as below-the-line
miscellaneous itemized deductions. These are deductible only
to the extent that they, together with all your other miscellaneous
itemized deductions, exceed 2% of your adjusted gross income.
Computers and related equipment.
If your use of your home office qualifies under any of the
rules discussed above, you may deduct (mainly as depreciation)
the unreimbursed cost of computers and related equipment that
you use in the home office, and the deductions are not subject
to the listed property restrictions that would
otherwise apply. But even if your use of your home office
doesnt qualify under
the above rules, you may still deduct (again, mainly as depreciation)
the unreimbursed cost of computers and related equipment that
you use at home in connection with your employment, subject
to those listed property restrictions. In either
case, you figure the depreciation deduction on Form 4562,
and claim the deduction on Schedule A as a below-the-line
miscellaneous itemized deduction, which is subject to the
2%-of-adjusted-gross-income limitation described above.
Effect of home office deductions on
later sales of your principal residence. You should
be aware that, if you sell at a profit a home
that contains, or contained, a home office, the otherwise
available $250,000/$500,000 exclusion for gain on the sale
of a principal residence wont apply to the portion of
your profit equal to the amount of depreciation you claimed
on the home office. In addition, the exclusion wont
apply to the portion of your profit allocable to a home office
thats separate from the dwelling unit.
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