1 / 8

Law For Small Business (Management 349)

Law For Small Business (Management 349). Professor Charles H. Smith Home-Based Businesses (Chapter 14) Fall 2010. Restrictions on Location of Home-Based Business. Two common potential restrictions; if either applies, then home-based business will not be permitted

taipa
Télécharger la présentation

Law For Small Business (Management 349)

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Law For Small Business (Management 349) Professor Charles H. Smith Home-Based Businesses (Chapter 14) Fall 2010

  2. Restrictions on Location of Home-Based Business • Two common potential restrictions; if either applies, then home-based business will not be permitted • Local zoning statutes – is home-based business permitted and, if so, to what extent? • Private land use restrictions (generally HOA CC&R’s but can be lease or deed) – may operate to restrict or even prohibit home-based business even if permitted by local zoning statutes.

  3. Local Zoning Laws • What are the local zoning laws? Different cities have slightly different standards; e.g.: • Fullerton – FMC § 15.17.030(M); see eleven of the basic Home Occupation Requirements at http://www.ci.fullerton.ca.us/depts/admin_serv/bus_reg/home_occupation.asp • Orange – OMC § 17.14.050, subd. I; Long Beach – LBMC § 21.51.235. • The overriding themes are keeping the home-based business quiet, unobtrusive and small. • How to find out what the local zoning laws are? • Should be in the city’s code, which can generally be found on the city’s website or other Internet source. • How to deal with local zoning officials? • Have the spirit of compliance and teamwork (see prior PowerPoint presentation re Licenses and Permits).

  4. Private Land Use Restrictions • Usual private land use restrictions in form of HOA CC&R’s, which are part of or referenced in deed to real property. • Lease may also restrict/prohibit home-based businesses. • Even a deed to land (with no HOA) may limit the use of the land.

  5. Insurance • Beware – your homeowner’s policy very likely will not cover business-related losses. • Also, if business is separate legal entity (e.g., corporation or LLC), no coverage under homeowner’s policy even if business-related losses covered. • To avoid problems, ask agent for CGL policy or other specific coverage for the business.

  6. Qualifying for Tax Deduction re Home-Based Business for Business Owner • According to http://www.irs.gov/pub/irs-pdf/p587.pdf (pages 2-6; note that this is a 36-page document so do not print the whole thing), to qualify for deduction of expenses related to the business use of your home, you must use part of your home • Exclusively and regularly as your principal place of business, • Exclusively and regularly as a place where you meet clients, etc. in normal course of your trade or business, • In the case of a separate structure which is not attached to your home, in connection with your trade or business, • On a regular basis for certain storage use, • For rental use, or • As a daycare facility.

  7. Additional Tests for Tax Deductions re Home-Based Business for Employee • According to the same website (pages 2-3), must meet the previous requirements plus • Business use must be for your employer’s convenience and • You do not rent any part of your home to your employer and use the rented portion to perform services as an employee.

  8. Calculating the Home-Based Business Deduction • Use “any reasonable method” but two common methods (same website, pages 6-7) are • Divide the area used for business by the total area of your home. • If rooms all about the same size – divide the number of rooms used for business by the total number of rooms in your home.

More Related