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Wilmington North Carolina Form 8379: What You Should Know

The IRS has held that it is not a legitimate expense. The main purposes of any deduction are to reduce tax liability, or to eliminate the deduction altogether. If a taxpayer wants to eliminate the deduction, the cost of his or her home-office must be reduced with tax deductions. Use Form 8829 to include the following information for purposes of claiming a deduction for business use of your home: the number of tenants in your home; the number and type of furniture and other personal effects; whether all or part of the deduction is for business use of your house (for example, if the whole or partial deduction would result in tax-free gain on the sale of your home); the total amount of rent or compensation paid to your employees and owners, if any of you are a corporation; your business and other activities carried on at your home; and the total deductions. Remember that the total amount of rental income may include: rent from the property; gifts or bequests to your family members; rental income from your parents' or grandparents' homes, and income from personal-use property purchased (for example, a houseboat, jet ski or boat) or built (for example, an architectural firm building a home). Keep a log of all rental income and enter it on Schedule C and Form 1040. You also include in your net income any income for which an election is in effect under Section 263A(d). An election is an agreement entered into by you and a related person for you both to report an earned income or capital gains. If you are married and file a joint return, the partnership may elect to use Section 263A to report the earned income or capital gains. If you're either a single and filing jointly or married filing separately, you must file Form 8829 to claim a deduction for business use of your home unless you make an election. For more information on Section 263A, go to IRS.gov/Businesses/section-263a-of-the-tax-code. (For information on Section 263A, see IR-2, Section 263A Information for Individuals, and IR-2, Section 263A Information for Partnerships). For more information see our post on Section 1031 and Home Depreciation.

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