Discussion:Educator expense for home school parent
From TaxAlmanac
Discussion Forum Index --> Tax Questions --> Educator expense for home school parent
| 13 December 2005 | |
| I keep reading the information on the deduction and it says to qualify you must teach 900 hours in private or public elementary & secondary. Does that mean a homeschool teacher would qualify? Homeschool parents (in PA & probably most states) are required to teach 900 hours a year or 180 days. From the way I am reading the law they would qualify then for the deduction but I've always been told that there aren't any tax deductions or breaks for homeschoolers. I have several clients who are homeschool parents and would like to take the deduction but I wasn't sure. Any opinions or advice would be greatly appreciated. | |
| 15 December 2005 | |
| Are they licensed by the State to homeschool? Do they have any income from homeschooling? Or are they just homeschooling their own child/children?
If there is no income from homeschooling others children then the expenses, in my mind, would be normal expenses incurred had they sent their child to a regular school. If they do home school other children they should be doing a Sch C. If it is just their own children I don't think the IRS would allow it. | |
| 13 January 2006 | |
| The expenses would need to be deductible under Sec. 162 (trade or business expenses). Thus, a teacher who is in the trade or business of teaching would qualify for the 62(a)(2)(D) deduction. However, a parent who is home schooling his or her child is generally not being paid for this activity, and there would be no trade or business. | |
| 1 February 2006 | |
| Hello all.
I just did the free e-file with H&R Block and when I got to the educator expense adjustment, there was a Q&A menu to the side. Under the "What if I homeschool my children?", it states: "You are an eligible educator if (in 2005) you are a kindergarten through grade 12 teacher, instructor, counselor, principal or aide, and you worked at least 900 hours during a school year in a school that provides elementary or secondary education (as determined under state law). If you do not meet these requirements, you do not qualify for the educator expenses deduction" So...looks to me like homeschoolers can claim it. State law here, in Texas: homeschool is considered the same thing as a private school, there are NO regulations and no licenses required....and unlike 'school teachers', we don't clock out at 3pm...so the 900 hours is covered pretty easily LOL Anyways, I claimed it. I'll let y'all know if I get audited. | |
| 1 February 2006 | |
| Sorry to burst your bubble, but there is no way for an uncompensated teacher to claim this deduction.
The quotation you cited is Sec. 62(d)(1)(A) of the Internal Revenue Code, defining an eligible educator. However, this subparagraph merely defines an "eligible educator". The subparagraph that defines a deductible expense is Sec. 62(a)(2)(D) which specifically limits the deduction to Sec. 162 expenses paid by an eligible educator. Thus, it is not enough to be an eligible educator, you must pay expenses that are qualified under Sec. 162 (ordinary and necessary expenses incurred in a trade or business). The trade or business of being an employee in the trade or business of teaching is sufficient to satisfy this requirement. | |
| 12 January 2008 | |
| This may really be reaching, but can someone who homeschools get any kind of deduction for the area of the house used exclusively for school? Kind of like the home office deduction, but for schooling their own children? I'm in a good public district, but there are a surprising number of homeschoolers, or I just get involved with activities that somehow associates me with a lot of homeschool families.
Has anyone else had this question come up from clients? Thank you. | |
TheTinCook (talk|edits) said: | 12 January 2008 |
| If it's just their own kids, no way. You'd have a better chance of deduction by slapping advertising on the kid when he goes off to school.
If they are schooling kids from other families, maybe. The biggest factor would be if they are doing it for profit. | |
| 12 January 2008 | |
| Jeez Louise, "This may really be reaching" is quite an understatement. Whichever soccer mom conjured that tax tip up has been holding her cellphone a little too close to her brain a little too long. | |
| 12 January 2008 | |
| TheTin - Another great idea! Do you think putting the advertising on my kids t-shirt would allow me to write off my kids private education as an advertising expense for my business? | |
| 12 January 2008 | |
| I've heard if you get your kid tattooed with your business name, everything you spend on him is deductible. A woman with a tattoo told me that so it must be true.
Now that I've started that rumor, I want to see how long it is before I have someone call me to ask that question. | |
PostingFromWork (talk|edits) said: | 12 January 2008 |
| To think my boss laughed at me when I requested a trap door be installed in front of my desk.
He didn't even stop for one minute to consider what a great tax write off it would be. | |
