Page 37 - Tax Guide for Small Business
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         The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
             interest on business loans or as an expense of financ-  8990 to determine whether you are required to limit your
             ing loans. In the event of death, the proceeds of the   business  interest  expense  deduction,  who  is  required  to
             policy are not taxed as income even if they are used   file Form 8990, and how certain businesses may elect out
             to liquidate the debt.                             of the business interest expense limitation.
         Self-employed health insurance deduction.  You may       You cannot deduct on Schedule C the interest you paid
         be  able  to  deduct  the  amount  you  paid  for  medical  and   on personal loans. If a loan is part business and part per-
         dental  insurance  and  qualified  long-term  care  insurance   sonal, you must divide the interest between the personal
         for you and your family.                               part and the business part.
            How to figure the deduction.  Generally, you can use   Example.  In  2019,  you  paid  $600  interest  on  a  car
         the  worksheet  in  the  Instructions  for  Forms  1040  and   loan. During 2019, you used the car 60% for business and
         1040-SR to figure your deduction. However, if any of the   40%  for  personal  purposes.  You  are  claiming  actual  ex-
         following apply, you must use the worksheet in chapter 6   penses  on  the  car.  You  can  only  deduct  $360  (60%  ×
         of Pub. 535.                                           $600) for 2019 on Schedule C. The remaining interest of
           • You have more than one source of income subject to   $240 is a nondeductible personal expense.
             SE tax.                                            More  information.  For  more  information  about  deduct-
           • You file Form 2555 (relating to foreign earned in-  ing interest, see chapter 4 in Pub. 535. That chapter ex-
             come).                                             plains the following items.
           • You are using amounts paid for qualified long-term   • Interest you can deduct.
             care insurance to figure the deduction.             • Interest you cannot deduct.
            Use Pub. 974 instead of the worksheet in the Instruc-
         tions for Forms 1040 and 1040-SR if the insurance plan   • How to allocate interest between personal and busi-
         established, or considered to be established, under your   ness use.
         business was obtained through the Health Insurance Mar-  • Limitation on business interest.
         ketplace and you are claiming the premium tax credit.   • When to deduct interest.
         Prepayment.  You  cannot  deduct  expenses  in  advance,   • The rules for a below-market interest rate loan. (This
         even if you pay them in advance. This rule applies to any   generally is a loan on which no interest is charged or
         expense paid far enough in advance to, in effect, create   on which interest is charged at a rate below the appli-
         an asset with a useful life extending substantially beyond   cable federal rate.)
         the end of the current tax year.

            Example.  In 2019, you signed a 3-year insurance con-  Legal and Professional Fees
         tract. Even though you paid the premiums for 2019, 2020,
         and 2021 when you signed the contract, you can only de-  Legal and professional fees, such as fees charged by ac-
         duct the premium for 2019 on your 2019 tax return. You   countants, that are ordinary and necessary expenses di-
         can  deduct  in  2020  and  2021  the  premium  allocable  to   rectly related to operating your business are deductible on
         those years.                                           Schedule  C.  However,  you  usually  cannot  deduct  legal
         More  information.  For  more  information  about  deduct-  fees you pay to acquire business assets. Add them to the
                                                                basis of the property.
         ing insurance, see chapter 6 in Pub. 535.
                                                                  If the fees include payments for work of a personal na-
         Interest                                               ture (such as making a will), you can take a business de-
                                                                duction  only  for  the  part  of  the  fee  related  to  your  busi-
                                                                ness.
         You generally can deduct as a business expense some or
         all interest you pay or accrue during the tax year on debts   Tax preparation fees.  You can deduct on Schedule C
         related to your business. Interest relates to your business   the cost of preparing that part of your tax return relating to
         if  you  use  the  proceeds  of  the  loan  for  a  business  ex-  your business as a sole proprietor or statutory employee.
         pense.  It  does  not  matter  what  type  of  property  secures   You  also  can  deduct  on  Schedule  C  the  amount  you
         the  loan.  You  can  deduct  interest  on  a  debt  only  if  you   pay or incur in resolving asserted tax deficiencies for your
         meet all of the following requirements.                business as a sole proprietor or statutory employee.
           • You are legally liable for that debt.
           • Both you and the lender intend that the debt be re-  Pension Plans
             paid.
           • You and the lender have a true debtor-creditor rela-  You can set up and maintain the following small business
                                                                retirement plans for yourself and your employees.
             tionship.
            Certain taxpayers are required to limit their business in-  • SEP (Simplified Employee Pension) plans.
         terest  expense  deduction.  See  the  Instructions  for  Form

                                                                          Chapter 8  Business Expenses    Page 35
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