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harborhits1
Returning Member

Milage Deduction with no Home Office Deduction

New remodel contractor. Principal place of business? is at home where I do all billing, estimates, paperwork, accounting at my desk that is not exclusively used for business. Business address and licensing is at the home. There is no other place to do this work. Single member LLC no employees. Remodeling work occurs at different locations.  I have lived in the home for the past 7 years that is owned (no mortgage only taxes and utilities) by my s/o, we share expenses (not 50/50) but all of the house bills are in her name. I do not write her a check. I pay some she pays some (she pays the bills in her name ie house bills, I pay groceries, .) Not deducting home office expense and not interested in that. I want to deduct auto expenses (commercial insurance, gas, repairs, etc.) I use it absolutely 100% to go to jobs (other vehicles used for personal purposes) with tools and to acquire tools, supplies and equipment. No business use. Used vehicle transformed from personal use to business use mid year at start of contracting business. I have 100% of milage record at business use start up no milage record for prior personal use. Not looking for any depreciation deduction. Vehicle was gifted to me. 

My research here says not necessary to claim Office deduction to claim auto expenses.

 

https://ttlc.intuit.com/community/tax-credits-deductions/discussion/do-i-need-to-claim-a-home-office...

 

https://www.irs.gov/newsroom/how-small-business-owners-can-deduct-their-home-office-[product key rem....

Is my home office my principal place of business?
The home must generally be the taxpayer's principal place of business. A taxpayer can also meet this requirement if administrative or management activities are conducted at the home and there is no other location to perform these duties.

 

or do I ?

 

https://ttlc.intuit.com/community/tax-credits-deductions/discussion/tax-year-prior-to-2020-i-am-a-in...

 

I was audited in 2005.  Auditor told me audit was triggered because I stopped the office deduction.  I was taking milage and office but then stopped the office (due to many announcements that home office often triggered audits, lot of good that did me😠) but continued milage.   I was a mobile photographer at the time, similar details but I owned that home. Auditor told me I could not take milage without home office deduction. He also told me there is never 100% business use. Honestly in hindsight he was a cocky jerk trying to intimidate me (also told me he could carry a gun!!! A really horrible experience for me a a bad time in my life, this just piled on.)

 

Do I need to have my taxes done professionally to protect myself from audit again???

 

Thanks for your input.

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4 Replies

Milage Deduction with no Home Office Deduction

Based on what you posted you can deduct business mileage from your home. 

Edit. . . I agree that the weakness in your case is that you do not use the space exclusively for business. 

Milage Deduction with no Home Office Deduction


@harborhits1 wrote:

Principal place of business? is at home where I do all billing, estimates, paperwork, accounting

 

at my desk that is not exclusively used for business.


 

While my reading of the Tax Code thinks that mileage to and from your home should qualify because your home is your "Principal Place of Business", there *IS* a Tax Court case that specifically says that is NOT deductible because you do not have a space that was used "exclusively" for business.

 

 

harborhits1
Returning Member

Milage Deduction with no Home Office Deduction

Can you please direct me to documentation of that case as I'd like to read up. Thanks. Also if i use my desk exclusively for business administration (still taking no office deduction) would I then pass the test?

Thanks

Milage Deduction with no Home Office Deduction

Just having a desk won’t work or ever self employed person would take advantage of that and the commuting rules would be meaningless. 

https://www.irs.gov/pub/irs-drop/rp-13-13.pdf

 

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