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Taxes and telework
Did you know that in some cases, telework expenses can have income tax implications? But exactly what it means for you is not always clear. Click on the appropriate country for specifics:

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Canada
USA
Europe
Canadian taxes and telework

Cross-border Telecommuting - Tax Implications to Consider

Possible deductions for those who work at home. You can deduct expenses you paid in 2007 for the employment use of a work space in your home, as long as you meet certain CRA conditions

CCRA rules regarding home office deductions: CCRA's interpretation bulletin IT-352R2 - Employee's Expenses, Including Work Space in Home Expenses

Tax implications of working from home Reprinted from Bob Fortier's Sun Media column on working at home: This month in Working@Home, Bob Fortier looks at the tax implications of working from home in consultation with Susan Phillips, work-at-home tax expert with the Ottawa accounting firm of Newton and Co. "In a tax system where there aren't many deductions still available to most of us, one of the most appealing is the ability to deduct the expenses of a home office," says Susan Phillips.

She adds: "Many of our clients just love the thought of getting a tax deduction for the costs of maintaining their home!"  But she cautions: "While it can be worthwhile to examine your eligibility for deductions, not everyone is entitled to make them. For some who are eligible, the deductions might not be as attractive as they first thought."

Self-employed work at homers: Canada's one million plus self-employed, home-based business owners must meet three conditions. First, their home workspace must be their principal place of business. Then, it must be used exclusively to earn business income. Finally, they must meet clients there on a regular basis.

Teleworkers: Unfortunately, it's trickier for Canada's one million teleworkers (paid workers, usually employees). First, their home workspace must be their 'principal' place of employment, usually meaning at least half the total time. Second, they must use it exclusively for earning business income. Finally, they must obtain, complete, and have their employer sign Revenue Canada Form T2200.

This cumbersome and outdated form is more suited to the days when the few Canadian  teleworkers were mostly salaried salespeople and inspectors etc, unlike most today who are knowledge workers. The form asks the employer to certify that the employee is 'required' to keep an workspace at home and pay for certain additional costs. The problem is that, because telework is a voluntary arrangement, many employers understandably  refuse to sign the form.

However, Revenue Canada interprets voluntary telework to mean "required" to keep a work space and to pay for some of the additional costs of maintaining that work space, if there is a valid telework agreement.  The catch is that this interpretation is not widely known, and many teleworkers cannot produce a signed T2200 form and therefore cannot legitimately write-off their expenses.

The deductions: All work at homers are eligible to write off home-office expenses such as: Utilities (heat, hydro, water); business phone; general repairs and maintenance; Internet access; supplies; rent; and condominium fees.

Only self-employed work at homers can deduct mortgage interest; capital cost allowance (although usually inadvisable); home insurance; additional home office insurance; computers, faxes and other hardware; office furniture; software; and property taxes.

If you replace business-related computers or software that are not Y2K-compliant before June 30, you might qualify for a tax break permitting a 100% expense deduction over a one-year period.

Teleworkers can write off property taxes and home insurance, but only if they are paid by commission.  Expenses related to the home office itself must be pro-rated based on office-to-home square footage. If the home office is shared with other uses, a further pro-rating is required.

Examples: Remember that you can deduct the business portion of your home only. To simplify, if your home office represents 10% of the overall square footage of your home, you can deduct 10% of the expenses of running your home. If you also happen to share your home workspace quarter of the time with say, a den, your 10% deduction should be reduced by a quarter to 7.5%.

Let's say Jane, a teleworker, is required to maintain a home office, and that she uses it as her principal place of employment. Jane and her spouse own their home, and she is not paid on commission. Jane's house is 1,400 sq. feet, and her office is housed in a den that is 10 x 12, which works out to 8.6% of the home. Her utilities amount to $2800 per year, repairs, maintenance and supplies were another $3000. This means that Jane can deduct 8.6% of $5,800, or a total of $497 for her home office.

As the Income Tax Act is complex and each telework situation unique, this is a guide only. For clarification, consult your local Tax Services Office, or Jane Phillips, whose firm provides tax advice to all Canadians.

US tax situation

Telecommuter Taxes: Commentary on the Recent Telebright Case

Telecommuting Employees Creating Taxable Presence?

Telecommuting: why tax laws may be the reason it is not more popular

Home office tax deductions for teleworkers hinge on details, good record-keeping

Deducing Your Home Office Deduction

Ins and outs of the home office tax deduction

Telework Coalition Renews Its Call to Congress to Remove the Penalty Tax on Interstate Telecommuting

Telecommuting between New Jersey and Pennsylvania causes tax causes confusion

Home Office Help: Not everyone can claim a tax deduction on their home offices

Decoding IRS home-office deductions - Not everyone's eligible; site must be business-only area

IRS may flag home-office deductions, so you'd better get them right

Telework Coalition Denounces New York’s Revised Telework Tax Policy

Standard needed on taxing. New York tries to put the squeeze on telecommuters

The Telecommuter Tax: Tax policy example of states’ ignorance of information age

Telecommuter appeals case to Supreme Court - Computer programmer who was forced to pay New York state taxes on income earned while working from his Nashville home has asked the U.S. Supreme Court to intervene in a case that has widespread implications for telecommuters

Taxing Telecommuting - article increases awareness of telecommuting tax issues

Telecommuting tax decision bad for New York business

Non residents who telecommute for NY companies may have to pay NY income tax. Controversial NY Court of Appeals ruling says that telecommuters who live out of state while working by computer for a NY employer must pay NY tax on full income. This case could have wide implications.

2005: Telework and taxes: It can be quite a job just figuring IRS rules governing home offices

Taxing of Telecommuters to Go Before New York State's High Court

Telework tax timeline — New York state’s history of double taxing non-resident teleworkers could soon end with federal legislation

Tax deductions aid home businesses - The home office, whether run by a sole proprietor or telecommuter, has numerous tax write-offs

MSN Money 2004: The tax traps of working at home. Working from your home would seem to offer some nice tax breaks, and it does. But watch out. The rules also can create some real tax terrors at the federal and state levels

Taxing Times ... The Home Office Deduction

More and more Americans are working from home. Yet home office tax deductions are not always easy, foolproof ways to lower your tax bill

When job means living at the office: Americans increasingly are working from offices in their homes, a trend helped by a recent IRS ruling

More fallacies of home-office taxes. Telework columnist Jeff Zbar writes about how handling your taxes correctly can save you a lot of money

Home Sweet Home Office – but is your US home office tax deductible?

Taxing aspects of telecommuting - A look at deductions for US home office expenses. As with the self-employed who work from home, a telecommuter's home office must pass three tests to pass muster with the Internal Revenue Service

A taxing dilemma for teleworkers: article speaks about inconsistent tax rules for teleworkers and their companies

Precise records help realize the maximum home-office tax break

Teleworkers and work at homers should not be afraid of claiming home office deductions

The Green Commuter Telecommuting and income taxes for US Citizens

When a Home Office Serves Two Masters If you're employed and run a business on the side, watch out for tax pitfalls.  Are there any benefits or drawbacks, particularly tax-related, to setting up the telecommuting office in the same room of my house as my home business?

2001 IRS Guide: To deduct expenses related to the business use of part of your home, you must meet specific requirements. Even then, your deduction may be limited

Revised IRS Rules May Give a Lift To Telecommuters (from Jan, 8, 2000 issue of The Washington Post: Jan. 8, 2000): If you're among the millions of American homeowners plugged into one of the most powerful real estate-related trends underway in 2000--the use of your home for business purposes via telecommuting and the Internet--the federal government has some fresh, money-saving tax advice for you. According to federal estimates, more than 12 million Americans--1 out of every 11 workers--use their home for earning income, either part time or full time. High-tech and Internet-related home business ventures are "leading the revolution that is reshaping the economy" says Rudy Lewis, president of the National Association of Home Based Businesses. "The home increasingly is going to be the focus of more entrepreneurial activity as technology frees people from dependence on downtown and suburban workplaces," says Lewis. And with that far heavier use of housing as income-generating property will come a major new opportunity to save on taxes by treating the home partially as business space. To help provide assistance to homeowners already involved, or planning to take part, in this shift, the Internal Revenue Service has just revised its guidelines covering use of the home for business purposes. Tops among the important changes for home-based entrepreneurs are "Section 179" deductions for computers, furniture and related business equipment. Home-based business owners filing for tax year 1999 this spring will be able to write off up to $19,000 worth of qualifying equipment. The limit for tax year 2000 will be $20,000. However, computers, photographic, video-recording and similar electronic devices that have potential for entertainment or nonbusiness recreational purposes will have to be used more than 50 percent for business purposes to qualify for the deduction.
Most home-based entrepreneurs use only a fraction of the space within their houses to run their businesses. Provided they pass the IRS's tests, they can write off the pro-rata expenses they incur heating, cooling, financing, insuring, repairing and maintaining that portion of their house against their business income. They can also claim depreciation write-offs against that same portion of the house itself. For example: You run a small part-time Web site-consulting service from a spare bedroom and gross $50,000 for the year; the bedroom represents one-sixth of the total improved square footage of your house. You can deduct one-sixth of the otherwise nondeductible housing expenses--utilities, security system, property insurance, repairs and other home-related outlays that support your business use of the bedroom. Mortgage interest and real estate taxes are deductible pro-rata against your business income, but since they're also deductible against your personal income, you have a choice as to where you claim the write-off. If one-sixth of the cost of maintaining and running your house--plus depreciation--comes to $10,000 for the year, your taxable net income will be $10,000 less because of the deductions. But how do you know whether that bedroom home office for your Internet service actually qualifies for these federal tax benefits? The key rules are: (1) The office or work space must be "exclusively" used for business purposes (including storage of inventory or products), and it must be used regularly for your trade or business; and (2) The business portion of your house must be one of the following: your principal place of business; a place where you meet or deal with customers or clients in the normal course of your business; or a separate structure, unattached to your house, that you use for business.

Under recently liberalized rules, the IRS now allows you to define your home business space as your "principal place of business" if you: (1) Have no other fixed location where you conduct substantial administrative or management activities for the business; and (2) Use your home business space regularly and exclusively for administrative or management activities.

Say, for instance, that in your Internet consulting service you spend most of your time outside the office, at clients' offices or homes. As long as you have no other place but your "business bedroom" where you manage and run your business--and you pass the exclusive and regular-use tests--you may qualify. Because the IRS's rules are complex and can differ depending on the nature of your home-based business, consult IRS Publication 587 (online at www.irs.gov). And be sure to seek professional tax counsel if you have any doubts.
Telework Tax Implications for Europeans

Home is where the office is. UK Land Tribunal which define tax rates for teleworkers not clear as it should be

Bedrooms kicked out of office. UK teleworkers can breathe a sigh of relief after a landmark case. A spare bedroom in a south London semi recently played a starring role in resolving a legal tussle about homeworkers' tax liability

HUNDREDS of thousands of UK workers will be faced with extra bills when they exercise a new right to work from home because they will receive no tax relief on expenses

Paying the price for working from home - some UK teleworkers being obliged to pay business rates on their personal income taxes

Tax implications of teleworking in Europe This article from Gil Gordon's wonderful site talks about telework and income tax in Europe

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