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    S corp shareholder and use of home

    I know this subject has been discussed many times, but I would like to come to a definitive answer once and for all. A S corp with one shareholder/employee has a direct sales business in their home. Can they be reimbursed for certain expenses associated wtih use of home?

    In the 2004 Small Business QF on page D-5 under working condition fringe benefits it states, "An employer (the S corp) can reimburse the shareholder (as an employee) for direct expenses associated with business use of the home, including office equipment, supplies an allocated expenses such as utilities and maintenance costs under an accountable plan. Reimbursements are deductible by the employer and tax-free tothe employee if the expenses would have been deductible by the employee if paid out of pocket."

    In the 2005 Tax Book page 19-11, under Shareholder's use of home, it states, "If general requirements are met, a shareholder is allowed to deduct expenses for business use of the home assuming the shareholder receives reasonable wages for services rendered. Such expenses are deductible as employee business expenses on Schedule A of Form 1040.

    Is this a change in application? I think that the 2004 QF book was the written by the new staff of Tax Book. Maybe Brad can enlighten me. I want to make sure that I do this right. But I don't want to take a deduction that I shouldn't take. I have always taken it in the past for one S corp only because this one really does use her home for her business. She has one room devoted to her product and meeting with clients. She has books and equipment displayed in her living room and has meetings monthly for her customers.

    Thanks in advance for your help.

    Linda F

    #2
    Linda,

    Both statements are still correct. TTB is talking about expenses incurred by the employee/shareholder as being deductible on Schedule A, subject to the 2% limit. It goes no further than that. The 2004 SBQF took it a step further having the corporation reimburse the employee/shareholder under an accountable plan. That may still be the case, but as TTB points out, court cases have started to come down on similar issues. For example, the court case cited just before the statement on page 19-11 of TTB is a 2005 case that indicates you better have all your i’s dotted and t’s crossed. If there isn’t a corporate resolution or policy in place, none of the expenses would be deductible, not even for an accountable plan. That indicates to me that if you are going to following the tax planning from the ’04 SBQF, a word of caution is warranted.

    I will make a note on this issue to search and see if any new cases develop that could shed further light on the accountable reimbursement plan issue. The court case cited in TTB is similar, but not exactly the same issue. It may be as simple as you can do it as long as you have a corporate resolution saying the employee/shareholder must incur the expense and the corporation will then reimburse the expense under an accountable plan, or something along those lines.

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      #3
      Thanks Brad

      for giving me some further information. I will make sure there is a corporate resolution in place to reimburse under an accountable plan.

      This lady is 85 years old and still actively operating a direct sales business. So she depends on me to make sure the accounting and legal aspects are in order.

      I will be sure to cross all t's and dot all i's.

      Thanks Linda F

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        #4
        Great advice...I never thought about modifying the articles/minutes to reflect the implementation of a reimbursement plan for a home office.
        Dave, EA

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          #5
          I know this is a older thread but just a question on accountable plan.
          Would you include a percentage of the homeowners insurance as part of accountable plan? I have never done this before but a customer is wanting to do this.

          One more question: He never did reimburse himself in 2006 for these expenses... can these be reimbursed in 2007 even though it was for 2006? I am thinking he has went beyond the "reasonable time" limit.

          Comment


            #6
            Yes to HO Ins, Yes to 2007...

            ...IMHO. Many of my clients regularly get reimbursements from their corps in January or February for the prior year's allocated home expenses. Homeowners insurance is usually included. Last time I researched this it was all OK. -Bob

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              #7
              thanks so much for answering I will pass this on to my customer.

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