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Level 2
Dec 25, 2023 1:04 PM UTC
Question

Home office deduction

community: 

I work a W-2 as my primary gig AND have a 1099 side hustle. I use a dedicated room as my studio for the 1099.  Am I able to use a home office deduction if it’s NOT for my primary employment?


Thanks for any direction/feedback

4 replies

Level 2
Dec 31, 2023 6:23 PM UTC

Does the home office exemption apply 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.

Mike9241
Level 15
Level 15
Dec 31, 2023 7:02 PM UTC

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
 
Mike9241
rjs
Level 15
Level 15
Dec 25, 2023 4:19 PM UTC

Yes. If the room is used regularly and exclusively for your "side hustle" you can claim the home office as a business expense when you report the business income. It doesn't matter that it's not your primary job.