Article content material

When you earn a living from home, both as an worker or impartial contractor, you could possibly write off a portion of your house workplace bills come tax time. This has been of explicit curiosity previously few years for the tens of millions of workers (myself included) who labored solely from dwelling throughout the pandemic.

For the 2020, 2021 and 2022 tax years, the federal government even launched a simplified flat fee methodology for workers to calculate their work-from-home bills, moderately than having to maintain detailed data of all their particular bills after which apportion them by sq. footage. (No phrase but on whether or not this methodology will probably be allowed in 2023).

Article content material

Article content material

A latest Quebec court docket case handled an impartial contractor’s means to write down off his dwelling workplace bills in 2014. However earlier than moving into the specifics of this case, let’s evaluation the fundamental rule for deducting such bills for those who’re self-employed.

When you’re an impartial contractor (in different phrases, not an worker), you’ll be able to deduct dwelling workplace bills from your online business revenue offered your house workplace is your principal workplace. If it’s not, then it have to be used “solely for the aim of incomes revenue from enterprise and used on an everyday and steady foundation for assembly purchasers, prospects or sufferers of the person in respect of the enterprise.”

The latest Quebec tax case concerned {an electrical} engineer who used a portion of his dwelling in working his enterprise. Between 2011 and 2014, the taxpayer provided his providers to a big Quebec-based engineering firm that gives advisory providers in mechanical engineering, electrical energy, sustainable improvement, structural and civil engineering.

The corporate was the topic of an audit by Revenu Québec, which found invoices for skilled charges issued by the taxpayer and presumably paid by the corporate, however which the taxpayer did not declare in his revenue. Because of this, he was reassessed, and numerous quantities had been added to his taxable revenue for the years in query. A portion of the taxpayer’s enterprise bills had been additionally disallowed.

Article content material

Article content material

The taxpayer appealed the reassessments of the 2011 and 2013 tax years, and settled out of court docket for these two years. In a 2019 signed settlement, Revenu Québec and the taxpayer agreed that the bills for the enterprise use of his dwelling had been to be apportioned utilizing a 22-per-cent allocation.

For the 2014 tax 12 months, nonetheless, Revenu Québec was solely ready to permit 17.05 per cent of his dwelling workplace bills, whereas the taxpayer argued it must be 28 per cent. The matter ended up within the Court docket of Québec, the place the dispute concerning the portion of deductible dwelling workplace bills hinged on tips on how to correctly measure the sq. footage of his dwelling, and which parts of his dwelling had been used for enterprise functions.

Revenu Québec’s method was to easily take the full exterior floor of his residence, which measured 44 toes by 28 toes, or 1,232 sq. toes (sf), with a basement of the identical dimension, for a complete of two,464 sf. The taxpayer used three rooms in his dwelling solely for skilled use. These three rooms represented an space of 420 sf. Revenu Québec’s place, subsequently, was that 17.05 per cent (420/2,464) of the taxpayer’s dwelling was used for work, so 17.05 per cent of the house’s bills may correctly be deducted for tax functions.

Article content material

The taxpayer disagreed, arguing that the thickness of the partitions of the basement (16 inches) and the bottom ground (13.5 inches) must be subtracted from the calculations since they don’t seem to be “usable areas.” He equally argued that each one the inside partitions must be excluded since they’re additionally unusable, and that the corridors, stairwell and different widespread areas for circulation and entry to the rooms must be taken under consideration since these areas are used for each private and enterprise functions.

Taking this all under consideration, the taxpayer recalculated the enterprise use of his dwelling by taking the 420 sf of the three business-use solely rooms, however dividing it by 1,505 sf, which represented the full “internet usable space” after accounting for the thickness of the partitions and the shared areas. This produced a business-use proportion allocation of 28 per cent (420/1,505).

The decide reviewed the proof and turned to the Quebec Taxation Act, which states that an quantity can solely be deductible for Quebec revenue tax functions to the extent that the expense is “cheap.” The decide concluded it “doesn’t appear cheap to keep up that the partitions that delimit a residential work area are ineffective for the train of the skilled exercise that takes place there. Whether or not for climatic causes, privateness or pure comfort, these partitions are an integral a part of this area.”

Article content material

Moreover, the decide stated an individual’s house is “firstly their habitat” and the “place of their non-public life.” A taxpayer can definitely select to earn a living from home and reserve a specific amount of area solely for this objective, however “the corridors, the stairwell or the opposite indoor motion areas are important to the private use of the premises.” Thus, Revenu Québec was “fairly justified” in contemplating that these widespread areas weren’t used “solely to earn revenue from a enterprise,” and they also can’t be thought of as a part of the eligible sq. footage.

The decide dominated, nonetheless, that the taxpayer may use the identical 22-per-cent allocation fee for his dwelling workplace bills that he had beforehand negotiated with Revenu Québec within the settlement settlement for the 2011 and 2013 tax years.

Jamie Golombek, CPA, CA, CFP, CLU, TEP, is the managing director, Tax & Property Planning with CIBC Personal Wealth in Toronto. Jamie.Golombek@cibc.com.

_____________________________________________________________

When you favored this story, join extra within the FP Investor e-newsletter.

_____________________________________________________________

Article content material