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Woman paying for groceriesNothing is deductible. Unless Congress says it is, of course. It is our elected Senators and Representatives, our Congress, that make the tax laws. It is the Internal Revenue Service that is charged with enforcing the tax laws. All income is taxable. The IRS expects you to report all of your income. When you take a deduction, you are subtracting that deduction from you income and you pay less tax. I want you to pay your lowest legal tax, not a penny more. And to do that well, I think you need to know the rules of this tax game. Generally, the cost of food is not deductible. We all have to eat. Food is a personal expense. But food can sometimes be a business expense. And business or job-related expenses can be deductible. You just need to structure the circumstances. Most of the time my husband does the cooking. He loves to cook. He is a good cook. I can cook too. But when I cook now, I make reservations. 🙂 Not long ago we went to dinner at a popular restaurant. The food is always good but this night it was very noisy. I was thinking how hard it would be to have a business conversation in such a noisy place. When you want to deduct the cost of your meals, you need to do certain things. First, there must be a business purpose for this meal. How do you conduct business over a meal? There are several different ways you might have a deductible meal. Is this a business meeting in your place of business? Are you the business owner feeding your employees at a meeting? That meal could be 100% deductible. Are you the business owner entertaining customers at a get-together? Are you a business person entertaining a client at a restaurant. Are you taking a customer or a client to a social event? Those meal expenses could be 50% deductible. Why only 50%? Because the cost of your own meal is not deductible. The cost of your guest’s meal is. But you are not looking at who ordered what, just the whole bill, including tax and tip. How do you make these expenses deductible? DOCUMENTATION is the key! Recordkeeping is what protects your deduction. The expense must be directly related to conducting business. Your objective must be to generate income. After all, this is INCOME tax we are talking about. The business can be conducted immediately before, during or immediately after the meal. The meal cannot be lavish or extraordinary if you want the government to pay for it. Isn’t that what we’re asking when we reduce the income we pay tax on by taking an allowable deduction? Meals with co-workers or associates are generally not deductible. The IRS says you don’t need an actual receipt for meals under $75, but I still encourage my clients to keep all of the receipts you can for any tax deductible expenses. You do still need records to substantiate your deductions. Your records do still need to show for each separate expense: the date, the name of the place, the business purpose (who you entertained), and the amount spent. This amount can include the cost of the meal including tax and tip. I ask my clients if the remember the 5 “w”s of journalism? Write down WHO your entertained, WHAT was the purpose of your meal or event, WHEN (the date) you did this, WHERE you went, WHY this is going to help your business and finally, How Much did you spend? If you do not keep adequate records, you can lose you deduction. So you decide. Is your deduction worth the extra time to protect it, to save it?  
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15749205_sMy mother was a Secret Keeper. My father was a private man. They both survived The Great Depression and World War II. I thought it was their generation that kept them tight lipped. I was never taught how to gossip.

 

The very first movie I remember seeing in the theater with my Mother was “Bambi”. In that movie Thumper’s mother told him, “If you can’t say anything nice, don’t say anything at all.”

 

Being a secret keeper means I hold the information you share with me with greatest confidence. I am not your confessional priest who will  absolve you of your sins. I am your Enrolled Agent who can represent you at all levels of the Internal Revenue Service worldwide. Not just nationwide, but anywhere in the world the IRS has an office.

 

I became an Enrolled Agent, an EA, after working five years for the IRS. I was a Tax Audit Supervisor. That specialized training is what I rely on to help me in defending you and your tax return in a tax audit.

 

When I prepare your tax return I look at the information you give me with the eyes of the IRS. I sign your tax return as your preparer based on all information of which I have knowledge. You sign you tax return under penalty of perjury. That  statement is called a “jurat.” It states that you have examined the return and the schedules and attachments, and to the best of your knowledge and belief, they are true, correct and complete.

 

I am thorough when I prepare your return. I want you to pay your lowest legal tax. But I don’t want either of us to invite trouble from the IRS. And as your preparer, I am obligated to answer any IRS question about the preparation of your return. That is different that representing you in an audit.

 

When I represent you in a tax audit I have confidentiality with you, but I do not have the client privilege that an attorney does. If I did NOT prepare your return, and represent you in a tax audit, I have an advantage. I will answer their questions the best I can. But I will not volunteer anything unless I think it will help your case.

 

If you are a new client to me, and I feel there are some audit issues that may reveal the return being examined is not totally accurate, if I think you might be flirting with tax fraud, I will refer you first to a tax attorney. Neither of us were involved in preparing your return, so we don’t have knowledge to answer IRS questions about the process of preparing your return. And if the attorney chooses to engage me to do the work of representing you in the audit, the attorney may choose to extend the client privilege to me for this audit.

 

Does that mean you are making a mistake by choosing me to prepare your return? Heck no! You have the best on your side. My aim is to help you file a complete and accurate return and at the same time avoid an IRS audit. Just like in Las Vegas, what happens at my desk stays at my desk. I am a secret keeper.

 

Always to your lowest legal tax,

Nellie T Williams, EA

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human resourcesDo you remember when “Human Resources” was called “Personnel”? Maybe you didn’t even know this little bit of workplace trivia history.   If you are a business owner you may have a Human Resources Department. If you are a “solo-preneur” YOU may BE the Human Resources Department.   Whether you are employed as the HR Department Head or whether you an employee of any business, you want sound Human Resources practices to implement and follow.   I am experienced with tax audits by the Internal Revenue Service. I am dedicated to helping you both prevent and defend an IRS tax audit.  I didn’t realize that we could also be audited because of vulnerable Human Resources policies.   Human Resources is directly involved in the hiring, training, development and management of their people, their personnel, their human resources.   The TOP TEN most common pitfalls are really easy to understand once you think about them.   1. Company managers represent the company to the employees. Train your managers on the basics of your business: Hire, discipline, and deliver the difficult messages when they are necessary.   2. A poor or inconsistent selection process can be costly. Who is your BEST choice for YOUR business? Can you fill your positions with the best at the start?   3. The poor or inconsistent orientation of new hires can cause confusion and misunderstandings. Have a standard method of sharing the duties and expectations with each of your employees.   4. Inconsistent compensation practices can result in negative feelings among workers. Give equal pay for equal work.   5. Employee misclassification is another common mistake. According to the Fair Labor Standards Act (FLSA) certain employees receive overtime pay for overtime work. Just like in the tax field, you must be careful in determining whether your new hire is an employee or an independent contractor. The laws in this area are so deep you are encouraged to seek local counsel.   6. Insufficient documentation of poor performance issues can be very costly.   7. Failure to have a performance management system is a mistake. You need a system that improves communication, that rewards and pays employees based on what they deliver. Be sure to document your decisions.   8. Have job descriptions that are accurate and complete. Do not underestimate the importance of job descriptions that cover not only essential work but also any other work the job requires.   9. Management that fails to follow published policies invites trouble. Create, implement and evaluate your workplace policies.   10. Failure to train your management team on dealing with and preventing harassment puts your company at risk. Every two years conduct and document your training. Whether attended online or in person, DOCUMENT participant names, dates and location of trainings.   BONUS: PROTECT yourself from risk. Here are three tips you need to help you avoid lawsuits, audits and fines.   1. Develop a training plan for legal compliance. This includes necessary training on dealing with sexual harassment, discrimination and a hostile work environment.   2. Choose the most effective way to deliver this training.   3. Conduct an effective training session.   Finally, when creating your employee manual, be aware of your state’s laws. Make your manual a policy and not a contract. Train your supervisors in the use of your employee manual. Coordinate the employee manual with other company manuals. And lastly, KEEP the manual UP TO DATE.   Always to your lowest legal tax, Nellie T. Williams, EA
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how-to-run-a-marathon-finish-it-and-live-to-tell-the-taleWe have just celebrated the end of the “1040 Marathon”. But that does not mean that income tax season is over. Have you filed your return or are you “on extension?” Or maybe you are just going to file your tax return later this year.   This blog is “a day late and a dollar short” for filing 2012 tax returns. But it is right on time for 2013 tax planning!   Even if you are afraid you will owe tax, I do recommend you file your return before April 15th. Especially if you are going to owe tax. When you owe more than $1000 when you file your return, the Internal Revenue Service will assess you a late-filing penalty of 5% per month. That’s 5% of the tax due. The only good news about this is that the maximum penalty is 25%. Well, 25% of $1000 is $250. PLUS the IRS must charge you interest on top of the penalty.   If you think you are going to owe tax and you request an extension of time to file, pay some money with that extension to keep that extension valid. If you don’t pay your tax by April 15th, the IRS must assess that late penalty.   Here’s a tip you can start using right away. If you are self-employed it is up to you to estimate your taxes. You make quarterly estimated tax payments. If you don’t pay enough, and you don’t pay enough on the date the quarterly estimated tax payments are due, you can be assessed a late-payment penalty. This is different from the late-filing penalty I talked about earlier.   If you are an employee, you should have taxes withheld from your paycheck. That income tax withholding is considered paid evenly throughout the year. If you have more withheld in November and December than in the earlier months, your total withholding for the year is still considered paid evenly all through the year.   You can adjust your withholding any time during the year. Does your payroll department restrict how many times they will adjust your paycheck? Just be careful that if you are not taking enough out in the first part of the year, that you don’t run out of paychecks before the end of the year. You want to have enough  withheld to make your total enough to cover your tax bill on April 15th. Once January comes around you are already into the next year.   You may have other income that is taxable, like interest or dividends, rental income or sale of property. You might want to or need to make estimated tax payments. Estimated tax payments are due April 15th, June 15th, September 15th and January 15th. If you want more information on how to estimate your taxes, shoot me an email.   Remember this. Failing to plan is planning to fail. Nobody ever PLANS to pay more than they have to. So keep you eyes open on your own tax situation to keep the IRS out of your wallet.   Always to your lowest legal tax, Nellie T Williams, EA
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tax_filingI am a solo-preneur. Williams Audit Specialists of Arizona is a single owner corporation. Bullet Proof Your Taxes is one division of Audit Specialists.   Yes, I am a brick and mortar business. Yes, I have employees. There was a time when I had several employees. I still do have one employee. I am my number one employee.   Now that our annual 1040 Marathon has finished, I’ll admit that I am tired. Tax season may have critical dates, but it is never really ever over. Most of us in this business will tell you we love it when tax season begins. And we love it when it ends.   Between April 15th and April 30th employment tax returns for my own firm and for my clients must be prepared, filed, and paid. After-season “Post Mortem” professional meetings are held to share stories of the good, the bad and they ugly of our recent months.   Office hours are adjusted. I may have worked evenings and Saturdays before April 15th. Now that our days are getting longer and warmer, my office hours are getting shorter.   I do taxes all year long. And now I am also adding more services. Now I can attend the seminars I want and need to maintain my various certifications. It is important to me to stay up-to-date in the tax laws, policies and procedures for YOU.   Certain activities that were put on the “back-burner” during income tax season are moved to the forefront. Soon I will begin mid-year tax planning for those of you who want to or who need to adjust your tax withholding.  And now I can resume my coaching services.   Did you see vacation on that list? I didn’t. When I was an employee it was mandatory that we take our annual leave every year. I remember “use it or lose it.” It is important to take a break to re-charge your energy, to renew your spirit. It is also good business that every company require employees to be away from their job for some time every year. If you have someone refusing to take time off, ask yourself,  “What do they NOT want you to know about what goes on at their desk?”   Most years I include an extra personal day at the beginning or at the end of a business trip. There is work involved, but there is also a free day for me and for my husband, Steve, if he comes with me. A hotel room costs the same for one or for two in a room.   I can deduct my travel expense and my meals while away from home on business. And while Steve is very important to me, he is not an integral part of my business so his personal expenses are just that. His expenses are personal and are not tax deductible. I can deduct the cost of my travel and meals. I cannot deduct the cost of Steve’s travel and meals. I am deducting the cost of my hotel room. I just choose to share that room with Steve. There is no extra cost for the second person in the room.   Sometimes I will share the room with another woman attending the same seminar. When we share the room, we share the hotel bill. Of course there are extras that can be added to the room. If you choose to buy from their in-room mini bar that expense is usually not deductible. If you choose to order a movie, it is probably not business-related and would not be deductible. When the hotel adds taxes and a resort fee to your room bill, those are part of your deductible hotel cost.   When I am away from the office my attention is not on the office. My attention is on my seminar or on enjoying my day off. You can still leave me a voice mail message. You can send me an email message. When I return I will give my full attention to you and your needs.   Always to your lowest legal tax,   Nellie T Williams, EA
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irs tax auditIt doesn’t matter what business you are in. It doesn’t matter if you are in a business at all. We all must practice some kind of time management.   I confess. I am a deadline driven woman. And I do practice time management. Sometimes it is “just in time” management. Other people don’t realize they, too, practice “in the nick of time” management. Advance planning is the key to successful time management.   As carefully as I plan my tax season, as carefully as I plan my work days, there is always something that pops its head up, like that “whack-a-mole” game in the arcade. Something needs immediate attention. Do you have that in your life?   We have just ended another “1040 Marathon.” Just because April 15th is past doesn’t mean it is the end of tax season.   My father was proud of me when I told him I was going to leave the Internal Revenue Service and begin my own income tax practice. And then he laughed (not just to himself) when I told him it would be a great seasonal business and I could do other things the rest of the year. He had life experience and he knew better. And I have learned that tax season never really ends.   Yes, I filed an extension for myself and for several clients. I encourage clients to bring me their information so I can file their extension before 4/15 and then we sit down together and file their tax return later. As I’ve said in earlier blogs, the extension does not give you any more time to pay your taxes. It gives you additional time to file the information. Years ago I would have said, “file the paperwork”. Now that we file electronically, or e-file, we keep the paperwork and we file the information.   What happens if you filed that extension and when you finish your return you see that you owe tax? The IRS will assess interest and they will assess penalties. Interest cannot be waived.   The law requires they charge you interest on unpaid or late-paid taxes. The IRS will charge you interest from the date the taxes should have been paid until the date they actually were paid. PLUS they will charge you a late-filing penalty. IRS may also assess a late-payment penalty. This sounds terrible. Is there no end to these “additions to tax”? Actually, there is.   The late-filing penalty is 5% per month (or part of a month) with a  maximum penalty for late-filing of 25%. On just $100 that 25% is $25.00. On $1000, a 5% penalty is $50 and a 25% penalty is $250. How much will you owe?   My advice to you is to file that return as quickly as possible to minimize the penalty. IRS may send you a bill, and you may need to make payments, but you will be stopping that penalty.   In a future blog I’ll be sharing with you how to manage your tax payments. This will be good information for those of you who are self-employed. And I will have a secret tip for those of you who are employees.   Always to your lowest legal tax,   Nellie T Williams, EA
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irs audit     Haste makes waste. Most of us have heard this old adage before. But I grew up with this twist on it. “The hurried-er I go, the behind-er I get.” Why do I say this?  I don’t want you to waste time or money with costly mistakes on your tax returns in these busy last few weeks before April 15th. I am adding my slant to some of the Top Tax Time Tips offered by The Internal Revenue Service.       Three Important Steps 1. Gather your records. Round up your receipts, canceled checks and other documents that support the entries you make on your tax returns. It is always helpful to have everything close by. You don’t want to lose your place in preparing your tax return by having to stop and go look for something in the middle of this once-a-year important responsibility.   2. Report all your income. Leave nothing out. You will need ALL of your W2 forms and 1099 income statements. Income is not just wages and other compensation earned. Income is also interest and dividends, social security benefits, pension benefits, gambling winnings, sales of assets and more. What money did you receive? All income is taxable unless specifically excluded by law.   3. Review your tax return before you file. Double check your entries. Is your name spelled correctly? Is your address entered correctly? Did you include your unit number, suite number, apartment number? Is your zip code correct?  Are you using the proper filing status? Are you qualified to claim the dependent you have listed? Did you leave anything blank where some kind of entry belongs?     Important Tips Math errors are common on hand-written returns. Take your time. Check your calculations. Bookkeepers are trained to add their column of numbers twice. If you get the same answer twice, it is probably correct.   Are you due a refund? Direct deposit is faster and safer than waiting for a check mailed to your address. Just refer to the numbers on the bottom of your check for the routing number of your bank and the number of your checking account.   Do you owe the IRS? File your tax return now and pay as much as you can before April 15th. If you owe more tax after April 15th, IRS will send you a bill. That bill will also  include interest. It might even include a little penalty for paying your taxes late.   Should I e-file My Return? Is it really better to file electronically? I think so. I’ve been filing returns electronically for myself and for my clients since 1988. As a tax professional, I like the reduction in errors e-filing offers. When a taxpayer’s or dependent’s name and social security number do not match, IRS rejects the return. When an employer’s name and entity identification number do not match, IRS rejects the return. We get to fix those errors and file a correct original return.   Using a computer and reliable software to prepare the tax return has eliminated many math and calculation errors that people make when using pencil and paper. Software is just a tool. And a tool is only as good as the operator. Take advantage of all the help you can get. If you don’t have your own tax advisor to help you understand your personal tax situation, consider calling the IRS toll-free tax assistance line at 1-800-829-1040. Be prepared to wait. Ask your complete question and take notes of the answer you receive.   To your lowest legal tax, Nellie T Williams, EA
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taxes-irs-building They are both deadlines to file tax returns with the Internal Revenue Service.   Individuals are familiar with April 15th. If you are a business owner, you must also be aware of March 15th!       Did you start a new business this past year? Did you form a corporation?   If you formed a corporation but did NOT file the paperwork to elect to be taxed as an “S” (or small) Corporation, then you are automatically considered a “C” Corporation. “C” Corporations pay tax on the profits they earn PLUS the shareholders who receive the dividends pay tax on those dividends on their individual income tax return. This is why they say  “C” Corporation profits have “double taxation”.   “S” Corporations do not pay tax. The “S” Corporation gives the shareholders of that corporation a Form K-1. The K-1 is sort of like a W2. It shows each shareholder their share of income or loss, deductions and other items to include on their own individual 1040 tax return. The shareholders pay the tax for their share of the corporation’s profit.   Corporation tax returns are due on March 15th. If your “C” Corporation had a profit, the taxes on that profit must be PAID by March 15th. Corporations, like individuals, can REQUEST an extension of TIME to FILE their tax returns. There is NO extension of time to PAY the taxes due. If the taxes are not paid by March 15th, and you have requested an extension of time to file, your extension will be considered invalid, or not valid. You will incur PENALTIES and INTEREST on the taxes due.   What else is important about March 15th? If your business has employees, you, the employer, withhold taxes from their paychecks. Withholding includes federal and most states’  income taxes, social security tax, and medicare tax. You, the employer, match the social security and medicare taxes withheld from your employees’ paychecks. All of the taxes withheld and the employer’s matching taxes must be paid to the IRS by a certain date. Sometimes that date is at the end of the quarter when filing the quarterly Form 941 report. Sometimes that date is at the middle of the month in a quarter.   If you are a small employer and your total 941 taxes will be $2500 or less for the first quarter of the year (January, February and March), you can pay this amount with your report which is due April 30th. If you will owe more than $2500 for the quarter, then you must make monthly deposits. These deposits are due by the 15th day of the month following the end of the month. March 15th is that date following  the end of February.   Is this clear as mud to you? It took me some time and marking a calendar for me to “see” when my different important dates were. I still put a date on my calendar to keep me from missing my deadlines. I encourage you to mark your calendar, too.     Always to your lowest legal tax,   Nellie T Williams, EA
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irs tax problemDoes the fear of paying too much tax drive you to buy more deductions? Yes, I said “BUY” deductions. They cost you money, you know. Did you know that our government has a FREE deduction for most of us? That free deduction is called the STANDARD deduction. I say it’s ” free” because you don’t have to spend a dime to claim this one. The amount of your standard deduction does change from year to year and is based on your filing status. Single, Married Filing Jointly, Married Filing Separately, Head-of-Household status all have a different standard deduction.   Categories of Deductions There are various categories of deductions that are allowable on 1040 tax return form Schedule A, Itemized Deductions. These different categories are 1) Medical and Dental Expenses, 2) Taxes You Paid, 3) Interest You Paid, 4) Gifts to Charity, 5) Casualty and Theft Losses, 6) Job Expenses and Certain Miscellaneous Deductions and 7) Other Miscellaneous Deductions. In deciding whether to take the standard deduction or whether to itemize deductions, I ask my clients if they own their own home. And if that answer is yes, I ask if they have a mortgage on their home. Interest paid on a home mortgage is usually the largest of deductions. If you own your own home, you also pay real estate taxes. If you live in a state that has an income tax, those taxes you paid or had withheld from your paycheck are deductible. Because there are states that do NOT impose an income tax, the government allows us to choose to deduct sales taxes paid instead of income taxes paid. And if you have a car, you may also be able to deduct the license plate registration fee. Unusually large medical expenses can also shift you from taking the standard deduction to itemizing deductions. I tell my clients that this is NOT the big deduction I want them to have. Amounts you pay for medical insurance, doctor and dentist visits, prescriptions and lab fees are the common deductions. There are costs that are deductible and there are costs that are NOT deductible. How do you know which is which? Listen to the recording of my August 10, 2012 radio program for more information on medical expenses. LINK   Charitable Contributions Count Too! If you know you want to itemize, then you will also want to look at the gifts you gave to a qualifying charity during the year. These gifts can be money and they can be what I call “stuff.” Money does not just mean paid by cash. Money means cash, check, credit card. The important key is to get a RECEIPT for your gift. The Internal Revenue Service is paying much closer attention to this deduction because of fraudulent deductions claimed every year. Listen to the recordings of my August 31, 2012 and December 7, 2012 radio programs on contributions for more information. Click Here. There are rules to follow (of course! ) for each of the itemized deductions. Listen to the recording of my March 1st radio program for more detailed information. Click Here. In this recording you will hear why I say these deductions take money OUT of your pocket. Is your expense ordinary and necessary? Is your expense one you decided you needed only because you wanted to lower your tax bill? Did you know that if you are in the 15% tax bracket and you spend $1000 on an “elective” deduction. you might save $150 of tax, but you are still out $1000! If you don’t need this deductible expense, don’t spend the $1000. Pay $150 more in tax and you still have $850 in your pocket! If you have a choice, what is YOUR choice? Always to your lowest legal tax, Nellie T Williams, EA      
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home office irs deductionCan you really save a bundle in taxes when you work from your home?   I know many very successful business people who do work from their home. I work from my office space in my home. This blog is all about the basics of what you need to know qualify for this deduction. You will know what you need to do to protect your deduction.     Basic Qualifications There are some basic qualifications. First, are you in a BUSINESS? A hobby is not a business. A hobby is usually an enjoyable activity. There is certainly nothing wrong with enjoying what you do. I have heard that if you enjoy what you do, it is not really work. But what makes your activity a business?   Is your business one that will allow you to support yourself and your family? Do you spend regular time and effort in pursuing the profit in your activity?  Are you making the decisions that help generate a profit? The Internal Revenue Service wants to see a profit reported on your tax return in three out of five consecutive years.   When you have a true business and you operate that business from home, the next question is, do you have a space in your home that you use REGULARLY and EXCLUSIVELY as your PRINCIPAL place of business? Regular means steady or consistent. Exclusive means only business is conducted in this space. The spare bedroom you have converted to your office cannot also be used as the guest bedroom or the playroom or any other personal activity. Principal means you have no other fixed location where you conduct the majority of your administrative or management activities of your trade or business.   No Walls Neccessary Your office space does not have to have a wall, or physical partition. Your workspace can be located in a corner or section of a room. The next question in deciding if you WANT to take this deduction has to with how much space in your home is business and how much space is not. Measure your work space. Measure your whole home. Divide the square footage of your workspace by the square footage of your whole home. If your work space is 10-foot by 12-foot, you have a 10 x 12 room or 120 square feet. If you live in a 1500 square foot home, your business percentage is 8 percent, 120 divided by 1500. You have to do the math to see if this deduction is worth taking.   If you own your own home and pay mortgage interest and real estate tax, you may choose to itemize your deductions. When you have a qualifying home office, you can deduct the business percentage of expenses not otherwise allowable as itemized deductions. Some of those expenses include home insurance, utilities and depreciation.   It is important to know that if you operate more than one business from your home office, BOTH activities must meet all of the qualifying rules or you get NO deduction for business use of your home.   Pictures Please Do you remember hearing “A picture is worth a thousand words.”? I recommend you take pictures of your home office space. Keep those pictures with your other records including your square footage calculation. Keep your monthly utility receipts for each year. Keep them for at least 7 years in case of a tax audit.   I’ve just touched on the basic points of this complicated deduction. If you have a question about your own particular situation, you will want to consult with a tax professional. Leave a comment on this site to continue the discussion.   Always to your lowest legal tax,   Nellie T Williams, EA
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