Efficiency in Home Office expenses

Efficiency in Home Office expenses

Grandville, MI · Member since 2017 · 4 posts · 0 votes

Hey there Bigger Pockets Community,

I have an interesting situation on my hands and would like some input to see if this plan is allowable or wise. My In-laws own a business that has government contracts in transit and are in a situation where they fight at the end of every year to lower their cash-on-hand and increase their overhead to continue to qualify for eligibility in certain contracts. 

They use a home office for their, "corporate," office and generally deduct what they can though they own it outright so only can deduct a small percentage of taxes and utilities they pay on the home. 

My thought was this: Could my fiance or I, (somebody outside ownership or affiliation with the business) create a property holding company that would purchase the home from her parents and lease it back to their business? Their home is zoned Low-Density Mixed-Use so it is allowable in their neighborhood to classify a property as light commercial use already. 

The thought here is that they could deduct their full lease payments (fair market value to rent that home would be approximately $2,800/ Month) as business overhead and the upkeep for the property would be classified as Capital Expenditures under the property holding business. 

Nothing here strikes me as illegal in any way though I don't know the nuance of the business tax code. Any thoughts on this would be appreciated.

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  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    5y

    whether they rent the place or own he place, their deduction is limited to the area that they use for the business.

    I.E. if they use 20% of the office space for business, 20% of the rent would be deductible if they rented or 20% of mortgage interest, real estate taxes, insurance would be deductible.

  • Grandville, MI · Member since 2017 · 4 posts · 0 votes
    5y

    That seems counterintuitive given the intention is to lease the property to the business itself, not the individuals. Still a plus regardless since they deduct so little right now as it is. 

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