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Steve Windhaus Ask the Small Biz Adviser

How a home-based business affects a couple's taxes

Dear Small Biz Adviser:
Now that our youngest child is 10 years old, my wife has decided that things should be quiet enough for her to give private piano lessons. From what I can figure, she will average 50 lessons a month at $15 a lesson, or about $750 a month before taxes, Social Security, etc. I will make $80,000 this year, and we have always filed jointly.

We purchased a new piano for $8,000, and she will be giving all lessons at our home. Does that have any notable bearing on what we could or should do? How should she set up her business? What forms do we need to submit? What organizations do we contact? I'm trying to generate a checklist of what we need to do to take care of this stuff. So far I have:

A. Along with our normal 1040 stuff, fill out a Schedule C for this tax year. Can we depreciate the piano on that form? Can she deduct payments or pro-rate the cost of the piano?

B. Do we need to fill out a 1040-ES now for estimated taxes? Since we file jointly, and she has always been a "dependent" on our joint return, does this affect how the 1040-ES is filled out?

C. She will have to pay Social Security, correct? Will the 1040-ES cover that?

D. If our joint return has always ended up in us getting a $1,000-to-$2,000 refund for the last several years, and nothing else is changing significantly, will the 1040-ES also take that into account?

E. Since her income will be in addition to mine and we probably will itemize our income no lower than the $45,000-to-$109,000 range, her income will also be at the 28 percent rate, correct?

Mainly I just do not understand how to set her up to pay her taxes and Social Security, and then how this will be input into our joint return. We still can file a joint return, right? Thanks for your time.
Jack

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Dear Jack:
Before going through the ABCs you outlined above, let us consider some preliminary steps.

1. If your wife is going to promote her business and use a company name other than just her full name, you will need to file a fictitious name form with your state. Go to Global Computing's state directory to locate your state's Web site and corresponding location to secure the fictitious name form and fee information.

2. It is possible your wife will need to secure an occupational license from the city and county (or parish) in which you reside.

3. Since the lessons will be provided in your home, be certain to investigate any limitations and requirements associated with home-based businesses. Some communities are very regulatory of such ventures, while others have limited requirements associated with parking, signage, noise and traffic-flow issues.

4. I assume your wife will not employ anybody to assist the operation of her business. Therefore, her Social Security number will also function as her Federal Employer Identification Number.

Now let's address your new-business ABCs.

A. You're correct that Schedule C is the form your wife will use when filing Internal Revenue Service returns for the proprietorship. You also should review the IRS Tax Guide for Small Business to get a better understanding of what the IRS seeks in returns and bookkeeping. While reviewing the publication, tour the sample returns. Though directed to corporate structures, most of the procedures and forms remain the same for a proprietorship.

As for depreciation, use Form 4562 to depreciate the $8,000 piano. The 12-page instruction booklet should clarify any questions you may have about this form.

You'll submit the Form 4562 and Schedule C with your individual tax return (along with any other documents, such as Schedule A for itemized deductions). Your tax return instructions will detail how to apply the Schedule C information to the Form 1040.

B. Regarding Form 1040-ES, since taxes will not be withheld from your wife's piano instruction fees, you are correct that she will need to file this form when she begins earning income from the piano lessons. Generally, these are quarterly payments, but if you do not begin earning untaxed money until the fourth quarter, then you will make only one payment, not four, that tax year. When the first payment and voucher are submitted to the IRS, the agency will send more forms.

The 1040-ES worksheet allows you to compute your estimated tax bill based on your filing status -- married filing jointly, single, etc. That means if your wife files a Schedule C and as a couple you continue to file a joint 1040 return (which I suspect will be more favorable for you), you should consider your household's total income and taxes paid by other means, e.g., your withholding, for figuring your total estimated tax due.

C. You also are correct that your wife's self-employment will require payment of self-employment taxes for Social Security and Medicare. These taxes are figured into your estimated tax payment on the Form 1040-ES worksheet. It may be her income is greater than expected, and she may want to send more self-employment tax payments so she doesn't owe more when filing returns. However, I suspect that first-year performance will be such that her taxes will be minimal. Final determination of what she owes for the year will be the net income from Schedule C. She may over pay or under pay. However, there is no concern. If she possibly owes more such taxes when all taxes for the household are aggregated on Schedule 1040 , it is simply deleted from any return due to your household for the year.

D. As for you typical annual return, keep in mind the self-employment taxes your wife pays may or may not impact your refund. As I noted above, if she does not pay sufficient self-employment taxes during the year, the difference will be deducted from the refund amount.

E. Finally, the net income supplied in Schedule C is inserted in line 12 of Form 1040. So there is no differentiation of tax rates between your income and your wife's income. Based on the information provided, you assume correctly that the adjusted gross income will fall within the range you indicated.

I hope this clears up any concerns you may have, and congratulations for planning these tax matters in advance.

-- Posted: Nov. 15, 2001

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See Also
Keeping the taxman at bay when you go it alone
Tax Basics: Self-employment
The why's and how-to's of estimated taxes
Sole proprietorship taxes: Schedule C vs. C-EZ
No regulatory exceptions for a home-based business

Rules to claim the home office tax deduction


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