Discussion:Self employed with part time job and home office

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Revision as of 18:39, 5 October 2009
Harry Boscoe (Talk | contribs)
(If the taxpayer)
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Revision as of 18:49, 5 October 2009
Smokeytax (Talk | contribs)
(Harry - Actually)
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{{ForumReplyPost|UserID=Harry Boscoe|Date=5 October 2009|Text=If the taxpayer has only *one* trade or business [which he pursues as a sole proprietor Monday through Thursday, and as an employee on Friday] I see *no way* he can be denied the mileage deduction...}} {{ForumReplyPost|UserID=Harry Boscoe|Date=5 October 2009|Text=If the taxpayer has only *one* trade or business [which he pursues as a sole proprietor Monday through Thursday, and as an employee on Friday] I see *no way* he can be denied the mileage deduction...}}
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 +{{ForumReplyPost|UserID=Smokeytax|Date=5 October 2009|Text=Harry - Actually, that's exactly the case. Client is a music teacher, teaching both at a school plus for private clients.}}

Revision as of 18:49, 5 October 2009

Discussion Forum Index --> Advanced Tax Questions --> Self employed with part time job and home office
Discussion Forum Index --> Tax Questions --> Self employed with part time job and home office

Smokeytax (talk|edits) said:

5 October 2009
Client is self employed and has a home office.

One day per week he drives to a W-2 generating job in the same profession as his self employment activity.

He does have a home office for his self employment activity.

Can we deduct the miles driving to the W-2 job?

Thanks.

KathiJud (talk|edits) said:

5 October 2009
I believe those would be commuting miles and non deductible.

Douglasholbrook (talk|edits) said:

5 October 2009
Actually, you're driving from one job location to another so it IS deductible. The question is whether the SE business deducts it or you have to put it on the 2106.

Kevinh5 (talk|edits) said:

5 October 2009
it would NEVER go on the Sch C

and would only go on the 2106 depending on whether the person actually worked both locations the same day (perhaps with only one way being deductible).

Harry Boscoe (talk|edits) said:

5 October 2009
Is there *one* trade or business or *two*?

Kevinh5 (talk|edits) said:

5 October 2009
*why* would that matter? One job pays a W-2 to the *employee*. The business pays net profit to the *proprietor*.

Death&Taxes (talk|edits) said:

5 October 2009
Harry raises an interesting issue. In my area, freelance musicians receive W-2 forms from one contractor and 1099s from others. They have no control over how they are paid, or very little. One semi-major orchestra even went from having a combination of employees and subcontractors to putting all on 1099s, and this was contested by the Musician's union. At least one person filed an SS-8 with no results.

The City of Philadelphia's regulations consider someone who plays for a contractor to be the employee of that contractor, even if they do not withhold the wage tax.

Kevinh5 (talk|edits) said:

5 October 2009
while that's interesting, DT, it doesn't change the fact that expenses allocable to being an employee are employee business expenses, while expenses allocable to being in your own business are Sch C deductions.

Harry Boscoe (talk|edits) said:

5 October 2009
If the taxpayer has only *one* trade or business [which he pursues as a sole proprietor Monday through Thursday, and as an employee on Friday] I see *no way* he can be denied the mileage deduction...

Smokeytax (talk|edits) said:

5 October 2009
Harry - Actually, that's exactly the case. Client is a music teacher, teaching both at a school plus for private clients.