Can a shareholder of an S corporation deduct the home office expense?

A shareholder of an S corporation cannot deduct expenses paid on behalf of the corporation without a corporate resolution [Craft, T.C. Memo 2005-197].

If the corporation has adopted a resolution requiring the employee/shareholder to incur expenses as may be necessary or required, and it states that such expenses will not be reimbursed by the corporation, the court ruled these expenses were deductible as employee business expenses which are miscellaneous itemized deductions, subject to the 2% adjusted gross income (AGI) limitation.  Otherwise, the court noted that the voluntary payment of corporate expenses by officers, employees, or shareholders are not deductible and must be considered capital contributions or loans to the corporation. A corporate resolution or policy in place requiring a corporate officer to assume certain expenses indicate that those expenses are his or her expenses as opposed to those of the corporation.

If the above requirements are met, a shareholder is allowed to deduct expenses for business use of the home, assuming the shareholder receives reasonable wages for services renderedSuch expenses are deducted  as employee business expenses on Schedule A, Form 1040, subject to the 2% of AGI limitation.

Exception for rentalA taxpayer is not allowed to deduct expenses for business use of the home attributable to rent paid by the employer if the employee is providing services.  The employer (the S corp) is allowed a deduction for rent paid, but the employee is not allowed a deduction for business use of the home [IRC 280A(c)(6)].

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