The Taxman Cometh for the Self Employed
A discussion with tax connoisseur Sandy Botkin
057 - Sandy Botkin
Prior to joining the Tax Reduction Institute, Mr. Botkin spent three years in the tax department of the international accounting firm, Deloitte & Touche. He has extensive financial and legal experience, including five years as a legal specialist in the Office of Chief Counsel for the Internal Revenue Service.
Mr. Botkin has authored numerous technical articles for national publications. His articles have appeared in almost every self-employed and home based business magazine in the country. He has lectured to various professional and trade groups, and has served as an Adjunct Professor of accounting and tax law at the University of Maryland and Columbia Union College. Mr. Botkin’s outstanding teaching ability has consistently earned him excellent ratings. In fact, Mr. Botkin was one of eight attorneys selected by the Internal Revenue Service to train all new attorneys to the Internal Revenue Service’s Corporate Tax Division.
Mr. Botkin is a member of the Florida Bar Association and the Florida Institute of Certified Accountants. He is also a “Distinguished Real Estate Instructor” and is listed in “Who’s Who in Business.”
Mr. Botkin’s latest book is entitled, “Achieve Financial Freedom Big Time!”
Talking Points
- Keeping Track of your Expenses and Mileage
- The Advantage of a Home-based Business
- Three Important steps to Managing your Taxes
- Essential Occupations for Financial Independence…and Peace of Mind
Connect with Sandy Botkin
Website
https://www.taxbot.com/
Facebook – LinkedIn
John DeBevoise:
Greetings everyone, and welcome to another serving of Business Soup Talk Radio. If it’s in business, it’s business soup. I’m your host, John Debevoise. The Tax Man, Sandy Botkin, my good friend is joining us again from Taxbot and taxbot.com. We are going to talk about home–based businesses, how to convert ordinary expenses to deductions legally, morally, and ethically. It doesn’t matter what your home–based business is, have one and you, too, could take advantage of the tax code. So pull up a chair, sit on down, Sandy Botkin is serving up the best in recipes on how to minimize your taxes with his tips, tools, and techniques right here, on Business Soup.
Sandy, welcome back to Business Soup. It’s good to have you, my friend.
Sandy Botkin:It’s good to be back.
John Debevoise:For over 20 years now, I have been utilizing what was the Tax Reduction Institute’s diary and the method of keeping track of my records because the IRS loves good records. And if you don’t keep them, boy, they can sure cause you a lot of trouble. You, my friend, have kept me out of trouble.
But, it’s evolved. Tax Reduction Institute is now Taxbot. Tell us about what it is that migrated you in from the papered version of the diary, into what is now the digital age with Taxbot.
Sandy Botkin:I always realized that documentation was just horrendous. It’s the number one reason people get in trouble with the IRS, and it’s the number one reason IRS wins most of the time. Which is stupid, because having the right documentation isn’t that hard. But everyone had to do it with paper, you had to fill out a mileage log by writing in where you went every day, and the mileage. It was a real pain.
John Debevoise:And then there was the duplication. If you wanted it on the computer, you had to write it down, and then one of the things I hate the most is duplication of effort. Not only the effort, but also the time that it takes, but the mistakes that you can make transcribing that information.
Sandy Botkin:Correct. The technology wasn’t there, where I wanted to do everything automated. Well, now the technology is there.
So what we did is we took my normal tax diary, which has all the tax questions that IRS requires for entertainment, for travel, for meals for cars, for all those things, and it’s now automated. In many cases, there’s very little you have to do, in fact. It will keep all of that records for you, in a perfect way so that you will never have to worry about an IRS audit again.
That’s really what Taxbot is, it’s a combination expense and mileage tracking program that does all of this for your business. It’s almost like it even generates a profit and loss statement. I mean, it does all that stuff for you.
John Debevoise:Right from your smart phone.
Sandy Botkin:Right from your smart phone, or iPad, or anything like that, that’s exactly right. A lot of it is automated. For example, the mileage tracking, you don’t even have to turn it on. Believe it or not, the number one problem people have if they forget to turn the darn thing on. Taxbot will go on automatically! Once you start driving, I think, over five miles per hour, or is it 10 miles per hour, it automatically turns itself on, tracks the mileage, tracks where you’re going and where you left from. All you have to do is swipe left for business and right for personal, and to put in what the reason was.
There’s even a way to avoid that! We have something called Taxbot Voice, which is available, where you can dictate it while you’re driving, you don’t have to go home and do it. And it’ll actually input it into Taxbot, so it’s all automated. That’s something that we developed.
John Debevoise:I remember back when it was all paper, that you were saying that the most important part about the tax code is keeping accurate records, and that it has to be in a diary. Keeping the receipts wasn’t as important as writing it down when it happened, and that was the paper diary that I’ve been a follower of for 20–some years. And now, it’s all digital and it’s spectacular.
One of the statements that I came up with was that the IRS can’t persecute you for being a bad business person, but they can prosecute you for being a bad record keeper.
Sandy Botkin:That’s correct, that’s absolutely right.
What’s interesting is that there are a number of trackers out there, but surprisingly, and some even of the more famous ones, they’re not necessarily compliant, which really surprises me.
For example, one of the things you have to do with the automobile is you have to have something forcing you, you have to do this, to show the business reason for the trip. Believe it or not, there are a number of trackers out there that don’t absolutely require the business reason. I know that seems strange, but they don’t. Or, they give you a reason that’s pre–programmed. They say okay, sales call, or this. IRS wants it individualized, they want to know that you’re really doing this and you’ve individualized it. They don’t want some pre–programmed thing you checked but you may not have done. Also, not compliant.
So sadly, there are a lot of trackers out there, and some of them are very well known, that are just not compliant. With Taxbot, I can promise you, it is very, very compliant.
John Debevoise:Well and of course, you have a very good track record in that you used to be in the IRS. You were on the other side of the desk. What made you come over to our side, as a tax attorney? And say, “Hey small business, here’s an opportunity for you because you’re making all these mistakes that I’m seeing.” What brought you over to the other side of the desk?
Sandy Botkin:Well, that’s an interesting story. I actually wrote it in my book Lower Your Taxes Big Time, which is available, the 50 cent plug here, that you can get on Amazon on Barnes and Noble.
But anyway, in that book the thing that got me was my parents. My parents were antique dealers, and despite being prepared by one of the more notable CPAs on Long Island, my father … I was working at IRS and my father had me review his tax return. When I reviewed it, I couldn’t believe my eyes. We filed amended tax return to get back $12,000. It was the first vacation my mother and father ever took outside the country, and about two and a half years later, my mother coincidentally died of lung cancer. So I decided to quit the IRS and start up my company called the Tax Reduction Institute, to start showing people how they can reduce their taxes and bulletproof their records. There wasn’t a lot of people talking to the self–employed people. There were people like me talking to accountants, but no one was telling the self–employed person what they really need to do.
So I then realized that self–employed people were way woefully under prepared when it came to documentation. So then I developed that paper system, which had all the tax questions in front of you, you just fill it out and you become bulletproof. The problem with that is, you’re right, it required duplication, it required the fact there were a lot of writing down. Many times, you get home and you don’t feel like it, and a couple days later you forget about these things. So eventually, I developed Taxbot which does everything automatically and systematically, for you. That’s how the whole thing evolved.
John Debevoise:It’s been a wonderful program. You taught me how to write my kids off. It didn’t motivate me to have any more, but I’ll tell you what, they paid all their own expenses. They didn’t know they had bank accounts, and they paid all their own bills. It was wonderful. Living on a horse rance, you give your kids a pitchfork, you can figure out what their job was.
Sandy Botkin:And I wasn’t around either, right.
John Debevoise:That’s right. They’ve all grown up, and I’m back and holding onto that pitchfork. I’m still shoveling it.
In my long history with you, you’ve always said, “Everybody should have their own home–based business. It doesn’t matter what it is, have one.” Because then, when you cross over into having your own business, it opens up another set of doors that allows you to take advantage of the tax code that the so–called rich and famous … everybody says there’s two tax codes. Well there is, there’s a 1099 and there’s a W2. When you have your own business, you now have crossed over to the 1099 and it opens all these doors, giving you the opportunity to take advantage of what used to be ordinary expenses into deductions.
Let’s talk about the advantages of a home–based business.
Sandy Botkin:Let me share with you something I said. One of my friends sent his son over to me for consulting as to what kind of a career he should go into, and where he should go. I’m about to say something to you that I think is going to be critical, something that you’ve never heard before, and I think something that your audiences are going to really, really appreciate. I changed my message a little bit, and I think you’ll appreciate what I said.
Here’s what I said to him. I said, “Okay, you want to look at a career, first of all, look at something you can be good at, and you have a drive for, you have a passion for.” Obviously, I could never be an interior designer, I have no ability to imagine in a 3D mode, and I could never do that no matter how good it was, so you’ve got to have an ability for that type of thing. Now, once you do that, and “You’ve got to know yourself,” as Socrates says … The next thing is if I had to pick the four essential occupations that you want to look for, I wouldn’t do anything other than those four.
The first one, which is the thing you have to shoot for … If I had to pick the number one thing you want to shoot for is to be self–employed. Now, why do you want to do that? Because number one, the people who are getting really rich in this country are those who have their own business. There’s time freedom, you make you’re own time, you’re not a wage slave. Under the new tax law now, there are two tax systems, and there are tremendous to the self–employed that the employee doesn’t get. You can write off part of your house, your spouse, the equivalent of your kids‘ education and weddings. You can set up a pension plan that makes any government plan paltry by comparison.
There’s a new deduction that the new Tax Reform Act gives, that allows you, if you’re self–employed, to literally avoid 20% of your net income that employees don’t get. If your self–employed business generates a loss, under the new tax law you get to carry it back up to five years, and offset the last five years of earnings or carry it followed forever. Being self–employed is absolutely the way to go, and that’s certainly the number one rule.
However, to be self-employed, and this is something where I made few changes in my thinking, you have to have two things going for you. You’ve got to be self–motivated, you’ve got to be self–driven. I know somebody who started up a limo business, and he just sat there waiting for the customers to come. It doesn’t happen that way, it just doesn’t. So if you’re not self–motivated, you’re right, self–employed is not for you.
The second thing is you’ve got to have the right skills, you’ve got to know what you’re doing, you’ve got to have some kind of specialized skill. Not to mention the fact, have some basics in marketing and some others things that a typical business person has to do. But, what’s interesting is the skills can be developed, and that leaves the second option. If you don’t want to go right into self–employment, then option number two is go work for a company that will teach you the skills you need in order to be self–employed. So for example, you want to be a plumber? Go work for a plumber for a while, just don’t stay with him. Start off your own plumbing business. Get somewhere where you can learn those skills, apprentice so to speak.
The third thing I would recommend to people is go into a business where you can become an owner, a partner. For example, you work for a law firm where you can become a partner, a medical firm where you become a partner, so that’s the third type of thing.
Final kind of thing is you can’t be any of those three, then I recommend you try to get a job with the government, Federal or state government. The ability to not be fired and have that kind of tenure is worth a lot of money, even though you won’t make a lot of money. If you don’t have the skills for self–employed, that’s really an important thing.
Now, I do want to emphasize there are a number of occupations out there where they’ll teach you the skills. For example, franchise. Franchises will give you a set skill base, they’ll show you exactly what you need to do, what you need to set up. Some of the network marketing companies have that, where you can have that type of situation. But, I do strongly recommend that you get those skills.
The one thing I would not recommend is to go work for a company to be a cog somewhere, for the rest of your life. That is horrible, horrible mistake. I’ve got a friend of mine who worked … CBS. He was one of, if not the top salesperson for selling advertising at CBS. He then got promoted to become manager of one of their divisions, and CBS merged with Viacom. I don’t if you read about that.
John Debevoise:Right, yes.
Sandy Botkin:They were bought out or merged with Viacom. Sure enough, this guy got laid off even though he was one of the very top people there. Working for a company will never, on the long run, get you rich, it really won’t. Even worse, you’ve got to put up with a boss that is, spelled backwards, double SOB for the rest of your life. Or, if you get along with that boss, and then they have a new boss that you don’t get along with, that’s the end of your career. Goodbye.
That is why I recommend one of those four things, and everything should be aimed to become self–employed. If you’re working for someone, don’t put in overtime for the boss, try to develop a side business where you could eventually leave. Your goal should be to self–employed, or at least to learn skills necessary where you can transfer to somewhere else to be self–employed. That should be your focus in life.
John Debevoise:There are a lot of people that have that entrepreneurial spirit, but they don’t have the courage to actually make that leap forward. And so they have a home–based business, they start up something, they call it now a side hustle, or a spouse or their kids have a business at home. Can you take advantage of the tax code in that capacity?
Sandy Botkin:Absolutely. First of all, let me make a statement here. To say the fact that, “Oh well, being self–employed seems more risky than being employed,” I think it’s the opposite. I think being employed is more risky than being self–employed.
If you’re self–employed, you’re at least in control. If you mess up, you mess up, that’s your control. If you’re an employee, you could be doing a great job, like my friend who was top at CBS, and you still get laid off. I know three top people that got laid off because of mergers, or because of a change in management. You have less control as an employee than you do as self–employed. It’s actually more risky, let’s make that very clear.
Now, once you become self–employed, the government does a lot to benefit you. There’s a reason that the tax laws are so favorable to self–employed individuals. The reason is that the government has learned from little acorns come big trees. For example, Apple Computer didn’t start with 50,000 employees, it started out of Steve Wozniak and Steve Jobs‘ garage.
John Debevoise:Right.
Sandy Botkin:Amazon didn’t start big, it started out of Jeff Bezos‘ garage. So the government passes good tax laws for self–employed business. These laws are available whether you are full–time or part time. In my book Lower Your Taxes Big Time, I make a big deal out of that. My first chapter’s called Why You’d Be Brain Dead Not to Have a Home–based Business, there’s a reason for that. Then, if your business generates a loss, you can carry back the loss and offset the income you’ve paid for the last five years, you can carry forward the loss. It’s just absolutely tremendous. Not to mention, you can set up a pension plan that makes any government plan small by comparison. You can write off the equivalent, as you know, of your kids‘ education and weddings by hiring them, and letting them use that money for their own education and weddings.
John Debevoise:That’s right.
Sandy Botkin:There’s just all kinds of things that self–employed people can do that employees cannot do. If you want to get rich in this country, and you want to have a safe, and really good retirement, being self–employed is the way to go.
John Debevoise:Someone within the house should have a business. Does that business, that self–employed aspect, where you could be working for The Man and have a home–based business, is there regulations as to what kind of business you can have? And, does it have to be profitable? That axiom about it’s got to show a profit every seven years, is that true as well?
Sandy Botkin:No, there’s no general regulation, although certain things have to be licensed. Some states might want to license a plumber for example, or something like that. But from a Federal perspective, no, there’s no licensing requirement. The only thing that it has to be is it has to be legal self–employment.
John Debevoise:Yes.
Sandy Botkin:You don’t want an illegal business. That’s actually a very interesting thing. For example, in marijuana growing, as in California and some of these other places, it might be legal in a particular state but the minute it goes out of state, you’re now an illegal operation.
John Debevoise:20 years ago it wasn’t legal, so having it and writing off the farming of it would not have benefited me.
Sandy Botkin:That’s correct. Even now, if it’s illegal, many times all you can write off is the cost of goods sold, you can’t take any other business deductions on illegal businesses. You should be aware of that.
The second thing you want to be aware of is the fact that you want to run your business, and not like a hobby. Which means, you’re not doing this for social reasons, you want to show the IRS you’re trying to make money. To get all these great benefits from the government, they want to make sure you’re a good bet. Just like if I’m investing in you to start your worm farming business, or start your horse business–
John Debevoise:We haven’t gotten to that.
Sandy Botkin:Haven’t gotten to that yet. But, the bottom line is I want to make sure you’re a good bet. If you’re not a good bet, I don’t want to invest in you. The same thing is true with the government. The government wants to make sure you’re running your business like a business, you’re really trying to make money. If you’re not making money, they want to know what you’re doing to try to reduce those losses. Did you meet with experts, for example? Do you have a good tracker, do you have a good accounting system? Did you go to seminars to learn that business, or meet with experts on how to learn that business? What did you do to improve that business? That’s really the key here. So they want to make sure that you’re running your business like a business. But if your business generates a loss, well that’s the way it is.
John Debevoise:I’ll try harder next year.
Sandy Botkin:That’s exactly right.
John Debevoise:We’re talking with Sandy Botkin, he is the founder of Taxbot, formally the Tax Reduction Institute. I have been a student of his for about 20 years now, and I wrote my kids off. I literally took a hobby and converted it into a business, which was my horses and cattle at that time, and I wrote it off. Hired my kids, wrote them off, too. And I continue to follow those practices, and so many people say, “Well, that doesn’t sound legal. I’m so afraid of getting audited.” I said, “You know what? Bring it on.”
Sandy Botkin:That’s exactly right.
John Debevoise:If you have good records, that’s the key.
Sandy Botkin:I say to people, if you’re on a highway you might see a state trooper with a radar gun. If you’re going the speed limit, what are they going to do? The answer’s nothing! It’s only if you’re speeding, that’s when they pull you over. If you follow the rules, and there are set rules here, there’s nothing they can do.
I’ll give you a good example. My daughter majored in digital design, which is like web design and animation. Now she’s in the movie business, she actually designed outputs on movies, animated movies. When she was a junior, I wanted to have a whole new site for Taxbot, and I wanted some bells and whistles. I got a quote from a major firm, that was a very expensive quote actually, to do it right. Well, I asked my daughter can she do this website with all these bells and whistles and she said, “Yes.” So I was able to pay her something less than what the web firm would have charged me. That money that I paid her covered almost two years of college tuition that she paid for. So effectively, I was getting a deduction for the equivalent of two years of college tuition. I mean, that’s what we mean by hiring our kids.
John Debevoise:Right.
Sandy Botkin:There are so many things that you can do as a self–employed individual that it’s just enormous. In Taxbot, we have something called Taxbot University, it’s called the Midas Initiative, which includes Taxbot plus a whole bunch of education, plus a whole bunch of consulting. It’s one giant package to really get people going. We find that when we tutor people like this, they can save thousands and thousands of dollars on deductions that they didn’t realize they were able to get.
You asked me how I got started. One of the things I noticed was, when I was working as an accountant, there were people living in the same neighborhood, making about the same income. One lived like a king, and take all these vacations, and everything was fine, and one couldn’t figure out how to make ends meet. The reason usually was one plugged their tax holes, one didn’t. Taxes are the number one expense in this country. [inaudible] realize that. It exceeds what you pay for food, clothing, lodging, and transportation combined. Seriously. If you don’t get it down to the legal minimum, it’s going to be very, very difficult to have a secure retirement for yourself.
John Debevoise:And of course, reducing your tax liability is not only legal, but it’s moral and it’s ethical.
Sandy Botkin:Absolutely.
John Debevoise:There’s nothing wrong with it.
Sandy Botkin:There’s nothing wrong with it. The IRS says in their own publications that tax planning is a legitimate endeavor, as long as you’re using legal techniques that are approved, that there’s regulations for, there’s a ruling for, whatever. One of the important things is, in my book Lower Your Taxes Big Time, I have all the footnotes there, all the regulations, everything is footnoted, so you never have to worry about doing something that isn’t quite right. The same thing is true with our Taxbot Midas Initiative. All those videos, everything is all based on information that we have regulations and rulings for.
John Debevoise:Well there’s three killers in the small business industry, legislation, regulation, and litigation. Boy, you want to stay out of all of them. If you make a mistake, there’s always a governmental regulation or legislation, and employee to come along and remind you as to what you did wrong in the small business arena, and it usually comes with a penalty. Take the tax code. If you don’t do it right, if you don’t keep a record of it, there’s a penalty that goes along with that.
Sandy Botkin:That’s correct. Well then again, they want you to be a good investment. To be a good investment, just like any other investor, they want proof to what your income is, and what your deductions for. If I’m investing, or if you’re investing in a limited partnership of some type, done you want a balance sheet to show what the income is, and what the expenses are, and then, somebody to look at that balance sheet, to make sure that it’s valid? Same thing is true with the IRS, it’s no different.
John Debevoise:Okay. Well, we’re talking about businesses, opportunities, risks in home–based businesses. You know I’ve been in the horse business all my life, and I’ve been using my money to buy the green stuff which is the hay, and then I put it into my horses, and they turn it into another green stuff. Then, I pick it up and throw it away. That’s literally throwing money away.
Well now, I was introduced to worm farming. Now I’m going to turn that green into cash. It’s going to be a full recycling. Not everybody wants to go into worm farming, I just happen to have an endless supply of product to feed them. There’s so many opportunities for me to sell whatever comes out of the worm, as well as the worms themselves. I’m not getting such a warm reception from the young lady that I live with, but you know what? She’s warming up to it. I said, “You know what happens when they get loose?”
Sandy Botkin:You mean she’s worming up to it.
John Debevoise:Yeah, it’s slow. I said, “You know what happens when a worm gets loose?” She said, “No, I don’t know.” I said, “Nothing. They don’t go anywhere.” It’s not like the horses, you open up the gate and they run away, the worms go nowhere.
So there’s a home–based business, let’s talk this through in this last portion.
Sandy Botkin:Sure.
John Debevoise:All right, I’m going to start my worm farm, as an example. What are the first three things I need to do in order to make sure that I can do it properly, and be protected, and safe from the IRS?
Sandy Botkin:Okay. If I had to pick three things, here’s what I would do. Number one, you want to subscribe to our Taxbot Midas Initiative, which includes Taxbot, it includes all my videos, includes live once a month we do a seminar on things like this, it includes consultants that we trained, so I would definitely take advantage of that. Use the information, use Taxbot, take advantage of these things.
Second thing, you want to get a good accountant. You know, most businesses, you want to have access to a good accountant, a good lawyer, and a good financial planner in business. Very important that you do that.
The third thing is you want to study up on your business. You don’t have to reinvent the wheel, there’s usually things written on what you need to do to make that business successful. Read up on it, take a course on it, there’s always something. Go on the internet, I guarantee you there is something as to what you need to make that business successful.
John Debevoise:Oh, I can’t tell you how many worm farming episodes there are on YouTube. I had no idea. What is important is, obviously, to write my business plan, and also create an entity. Whether it’s a DBA, an LLC, S or C corp, and all of that.
Sandy Botkin:Unless you have a lot of liability, that’s the key, I would start off as either a sole proprietor or as an LLC. The reason is you don’t want it complicated. If you have a corporation, you’ve got to have minutes, and you’ve got to have meetings, you’ve got to have all this other stuff. At the beginning, you want things simple. I’ve always believed in KISS, keep things simple. You got the last word here.
John Debevoise:That’s right.
Sandy Botkin:You want to keep it simple. Either you want to be a sole proprietor if you don’t have a liability, or if you do have any liability then I would say be an LLC, which is simply a sole proprietorship, it’s all it is. But you have limited liability. That’s the way I would start. You can always incorporate later and decision what kind of corporation you want to be, that’s not a problem. That’s the first thing I would do.
The other thing you mentioned that I’m sorry I didn’t say, but you were absolutely right. You want to have a good business plan, that’s important in establishing your business as a business, that’s important in establishing what you should be doing, the steps you need to take in order to become successful in that business. You want to have a good business plan. Your accountant may help you on this, there are other people that can help you prepare a good business plan, but you really want to have a good business plan as to what you need to do in terms of your marketing, where you want to be, and how you want to operate that business. That’s also very important.
John Debevoise:So you have to have a plan, and you have to structure your entity, whether it be a sole proprietor, DBA, or an LLC and such. And getting back to my worms, I don’t have to worry about them causing an accident, I won’t have to use my horses to round them up.
Sandy Botkin:That is correct.
John Debevoise:But in all seriousness, it like anything else can be a home–based business. It just happens to be one that is fun, and I can convert a lot of my ordinary expenses into deductions. And then, I can market the byproduct of the worms and the worms themselves. They’re not a whole lot of maintenance.
Sandy Botkin:You’re raising a very good point. You’re making lemonade out of lemons. You’re looking at a situation and you’re saying, “Okay, what can I do to make extra money out of all this miscellaneous stuff that I’m never doing anything with? If anything, it’s costing me money.” You have a desire to try and make that kind of money, and you’re able to do that. That’s the important point in a home–based business.
Remember what I said? The very first thing you asked me about self–employed. The first thing you want to ask yourself is what do I have the skills in? And, am I driven? Am I at least self–motivated enough to do it? That’s the first key that people have to ask themselves. What is it you like? You can make things out of your passion. You can take the things that you personally like and make a lot of money with that.
I know someone that likes quilting. His wife used to quilt all these gorgeous, gorgeous things. I said, “Why don’t you sell this online? This is absolutely gorgeous.” And they are, and they’re starting to make all kinds of money doing it. Somebody else liked baking so I said, “You know, you should make cupcakes, and maybe make cakes out of it.” So she did, and now they have a whole cupcake business that she’s doing. Your passion that you can convert into a business, but again, you want to do this that will make money for you. You’re not doing this because you just like it, but you want to do it because you want to make money, that’s the key as far as IRS is concerned.
John Debevoise:Now, what about this trend that’s been going around where you’re taking your house and you’re renting it out? Airbnb, as it’s known. There is a home–based business, literally, where you’re renting out your home, or perhaps granny flats, on an irregular basis and you’ve created a business. Is that a good home–based business? And what kind of benefits would come from that in the tax code?
Sandy Botkin:There’s actually another business that’s really booming that you’d never think about, and that’s RV rentals. I have a friend of mine that owns an RV, and he rents it out for, get this, $5000 a week. A week. Because it’s a lot cheaper, and a lot safer than staying in a hotel. You can take these RVs, you can take them all over the place.
The problem with renting out a home, or room in a home, or renting out an RV is you come under what is known as the vacation home rules. The vacation home rules say, “Okay, you can take all these business deductions like any other business, but if you’re a vacation home, all those deductions will be limited to the income from the vacation home.” You’re not going to be able to carry back losses or carry forward losses, so in that regard there is a difference. But other than that, yes, it can be a viable business. You can make a lot of money from that, like $5000 a week on this.
But, be advised that once this COVID thing is over, and it will end, it’s not something that’s going to last forever, I’m not sure that people are going to spend $5000 to rent a room, or are going to rent an RV. This is, I think, a temporary situation.
John Debevoise:On that Airbnb, you’re saying that the expenses that can be applied towards that home–based business of an Airbnb can only be equal to, or not greater than, the income that is generated.
Sandy Botkin:That’s generally correct.
John Debevoise:It sounds like you just zero out the income.
Sandy Botkin:That’s generally correct. There are some exceptions if you’re doing a bed and breakfast kind of thing, where you’re having people come less than a week. They keep coming like a vacation resort, and they come for less than week. No, I think it’s no more than a week. They come in, and they’re always renting new places. It’s a transient hotel kind of situation. If you come within the hotel situation, then you can take losses and things like that, that’s known as a hotel. But assuming that that’s not the case, you’re just renting out a room for six months or a year, or something like that, then generally the deductions are limited to the income.
But again, that’s why you want to have a good accountant, to see whether you come within the vacation home rules, or whether you come within the hotel rules, or any other specialized rules that you need.
John Debevoise:Well, in that example, continuing with the Airbnb, is depreciation of the building or fixtures allowable in the calculation of income to expense?
Sandy Botkin:Absolutely, absolutely. It’s based on the percentage that you use for your Airbnb, but yes, absolutely it is.
John Debevoise:Okay, so depreciation is where you can actually see a difference in the taxes and the income, as a business.
Sandy Botkin:That’s correct. But again, I want to emphasize if you don’t come within the hotel rules, then all deductions will be limited to the income from that Airbnb. So be aware that you might be able to carry forward the excess, but you will not be able to take anything more than the income. You won’t be able to carry it back, it won’t be a loss, per se. You’ll get the depreciation, but it’ll be limited to the income from that business.
John Debevoise:And getting back to my soon to be worm farming, they are employees, assets, and as far as I’m concerned, they’re part of my board of directors.
Sandy Botkin:Who has employees? Are the worms the employees?
John Debevoise:Yeah, I’m looking at my worms as being my employees. You know what? They work for food.
Sandy Botkin:I like that situation, no fringe benefits. You don’t have to give them retirement, you’re never going to get sued. That’s wonderful.
John Debevoise:That’s right. And, I can always move them on to someplace else, a fishhook. Anything can be a business, even a hobby. You can take a hobby, as my horse business used to be, and I can convert it to a business by doing what?
Sandy Botkin:You can convert it to a business by making sure you meet the rules of what is a business versus what is a hobby. Essentially, I think what you need is a business plan … What do viable businesses do? You want to have training in it, you want to go to an expert to see what you need to do to run that business correctly, or listen to a couple videos. If you’re not making money, you want to contact someone about what you can cut back, and what you can do to try to turn it around. Trying to turn it around is very important to the IRS. You want to have good documentation, that’s very important as to whether you run a business like a business. Profit and loss statement, how much time you put in. The more time you put into that business, the more it’s probably a business rather than a hobby. It doesn’t have to be full–time, but the more the better.
All these factors come into play. And that’s what it is, it’s a facts and circumstances test that they all come into play as to whether you’re running your business like a business and not like a hobby.
John Debevoise:Sandy, I would love to continue and talk about the tax code, but the tax code is rather large. Voluminous, to say the least. I’d love to have you come back and talk about other aspects of the tax code, and how my audience of small business owners can push forward ideas of ordinary expenses into deductions. But in the meantime, anyone out there that’s listening that’s a small business owner, you can go to bizsoup.com where all business goes, and you can click on the interview right there, the podcast with Sandy Botkin. All the links to his book and everything will be made available right there, with the transcripts, at bizsoup.com.
Sandy, it’s a pleasure to have you on this show once again. I look forward to having you come back and share your wisdom, your tips, tools, and techniques, again, on Business Soup. Sandy Botkin, the Taxbot, thanks for being on this serving of Business Soup.
Sandy Botkin:It’s been a pleasure to be here. Let’s make everybody’s life a lot less taxing.
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