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if I am a (side hustle) sole proprietor

I have been told I need to be an LLC and unincorporated in order to take advantage of this tax exemption. 

LLC - not required

unincorporated - yes 

 

 
 the home office deduction
  • Be self-employed (sole proprietor) or a partner who works from home.
  • Meet the eligibility requirements described below.
  • Have self-employment income.
  • Have a designated work area that is used exclusively for work.
  • Use the space regularly.
  • Not have access to another office space.
  • Have a work area that is required for your self-employment work.
Employees are not eligible to take the deduction