By month:June 2012
If you and your spouse work together in your business, you need to know the rules of the road for owning and operating your proprietorship, limited liability company, or corporation. In part 1 of this article we discussed how you can save both self-employment and income taxes with the right mix of income and employee status of your spouse. In this part 2, you learn what you need to do to ensure that your operating business entity allows you to achieve the benefits of part 1.
Your timeshare can qualify as a second home for the mortgage interest deduction easily if you don’t rent or attempt to rent it. Once you introduce rent into your timeshare equation, you trigger two tough rules: (1) a special mortgage-interest-deduction rule for the personal part of the timeshare and then (2) the dreaded vacation-home rental rules for the rental part.
If you operate your business as a proprietorship, S corporation, or single-member LLC, the HSA gives you, the owner, the ability to discriminate in benefits on your behalf. In addition, you get the HSA’s front-end tax deduction, tax-deferred growth, and no taxes on withdrawals used for medical expenses.
When you rent to a business in which you and/or your spouse work 500 hours or more, you engage in a self-rental that limits your loss deductions and taxes your profits. In other words, you get tax law’s double whammy. There is one solution to this problem.
The days when you could convert your rental property or vacation home to a principal residence and then use the full $250,000/$500,000 home-sale exclusion to avoid taxes are gone. Today’s law requires an allocation that keeps part of your rental as a rental so you have to pay taxes on that allocated part.
The home-office deduction lives in the world of false myths. One such myth is depreciation recapture. In most cases, the benefits of depreciation deductions far outweigh the recapture. Further, with a little planning, you can easily defer and even avoid the recapture tax altogether.
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