Legalities And Tax Advantages In A Home Business

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Every year, several thousand people develop an interest in 'going
into business'.

Many of these people have an idea, a product or a service they
hope to promote into an income producing business which they can
operate from their homes.

If you are one of these people, here are some practical thoughts
to consider before hanging out the "Open for Business" sign.

In areas decided as 'Residential Only', your proposed business
could be illegal. In many areas, restrictions rule out home
businesses involving the coming and going of many clients,
customers or employees. Many businesses that sell or even store
anything for sale on the premises also fall into this category.

Be sure to check with your local town hall to see how the
regulations in your particular area may affect your business
plans.

You may need special permission to operate your business from
home; and you may find that making small changes in your plan will
put you into the position of meeting differing standards.

Many communities grant home occupation permits for businesses that
involve typing, sewing and teaching, but turn thumbs down on
requests from photographers, interior decorators, and home
improvement businesses to be run from the home!

And often, even if you are permitted to use your home for a given
business, there will be restrictions that you may need to take
into consideration.

By all means, work with your council people, and save yourself
time, trouble ... and cash!

One of the requirements imposed might be off-street parking for
your customers or patrons.

And, remember, signs are generally forbidden in residential areas.

If you teach, there is almost always a limit on the number of
students you may have at any one time.

Obtaining official approval for your business, then, could be as
simple as filling out an application, or it could involve a public
hearing.

The important points the council officials will consider will
centre around how your business will affect the neighbourhood.

Will it increase the traffic noticeably on your street?

Will there be a substantial increase in noise?

And how will your neighbours feel about this business alongside
their homes?

To repeat, check into the local restrictions, and then check again
to determine if you will need extra permission.

If you're selling something, you may need another licence, and be
required to collect VAT on your transactions.

The tax requirement would result in the need for careful record
keeping.

Licensing can be an involved process, and depending on the type of
business it could even involve the inspection of your home to
determine if it meets with local health, environmental, building,
fire and safety regulations.

Should this be the case, you will need to bring your facilities up
to the local standards. Usually this will involve some simple
repairs or adjustments that you can either do personally or hire
out to a handyman at a nominal cost.

Still more items to consider; Will your homeowner's insurance
cover the property and liability involved in your new business?

This must definitely be resolved, so be sure to talk it over with
your insurance man.

Tax deductions, which were once one of the beauties of engaging in
a home business, are not what they once were.

To be eligible for business related deductions today, you must use
that part of your home claimed exclusively and regularly as either
the principal location of your business, or the place reserved to
meet patients, clients or customers.

An interesting case in point: if you use your den or a spare
bedroom as the principle place of business, working there from
8:00 to 5:00 every day, but permit your children to watch TV in
that room during the evening hours, the Inland Revenue dictate
that you cannot claim a deduction for that room as your office or
place of business!

There are, however, a couple of exceptions we will note to the
"exclusive use" rule.

One is the storage of inventory in your home, where your home is
the location of your trade or business, and your trade or business
is the selling of products at retail or wholesale.

According to the revenue, storage space must be used on a regular
basis, and be a separately identifiable space.

Another exception applies to day care services that are provided
for children, the elderly, or physically or mentally handicapped.

This exception applies only if the owner of the facility complies
with the local rules for licensing.

To be eligible for business deductions, your business must be an
activity undertaken with the intent of making a profit.

It's presumed you meet this requirement if your business makes a
profit in any two years of a five year period.

Once you are this far along, you can deduct business expenses such
as supplies, subscriptions to professional journals, and an
allowance for the use of your car or van.

You can also claim deductions for home related business expenses
such as water rates, and in some cases, even a new paint job for
your home!

The revenue is going to treat the part of your home you use for
business as thought it were a separate piece of property.

That means that you'll have to keep good records and take care not
to mix business and personal matters.

No specific method of record keeping is required, but your records
must clearly justify any deductions you claim.

There is a limit to the amount you can deduct.

This is the amount equal to the gross income generated by the
business, minus those home expenses you could deduct even if you
weren't operating a business from your home.
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As an example, mortgage interest is deductible regardless of any
business activity in your home, so you must subtract from your
business' gross income the percentage that's allocatable to the
business of your home.

You thus arrive at the minimum amount for home-related business
deductions.

It is always wise to keep meticulously within the proper
guidelines, and of course keep detailed records if you claim
business related expenses when you are working out of your home.

You should discuss this aspect of your operation with your
accountant or a person qualified in the field of small business
tax requirement.

Do check the latest details with your local Tax office!