Self-Employed - The tax implications of working from home

For most self-employed people there is usually some use of their home for business purposes. You are then entitled to a tax deduction for the proportion of household expenditure relevant to the business use.

The Revenue has recently issued guidance to “clarify” the calculation of deductions. This suggests that the costs should be apportioned on the bases of:

  • area of the total property used in the business;
  • usage;
  • time the area is used for business use as opposed to any other use.

However, where this will not work the Revenue should accept claims made on any reasonable basis.

So how do you apportion home costs?

The Revenue gives several examples of the approach it recommends.

Mortgage interest: The interest may be split where there is a substantial use of part of the property for business purposes.

Insurance: An apportionment of the total premium calculated for usage and area, etc.
Repairs and maintenance: General household repairs are allowable in line with the proportion of business use.

Telecoms/internet broadband, etc: The Revenue’s previous view was that line rental was not allowable. This has now changed, and a proportion of rental and calls is allowed on a reasonable basis; this should be supported by itemised bills.

The guidance includes a number of specific examples, which can be found by clicking here.

One thing to remember is that an individual’s main residence is exempt from capital gains tax on disposal provided it has been used as the main residence throughout ownership. Provided that no room is used exclusively for business purposes, there should be no restriction on the availability of the main residence exemption from CGT.

Permanent Health/Income Protection Insurance

Income protection insurance (IPI) (previously known as permanent health insurance) is designed to provide regular sums to an insured individual in the event that he is unable to work through accident or sickness. The insurance can be taken out by employees or self employed individuals who wish to protect against the costs of being unable to work, and by employers who wish to limit their exposure to the payment of ongoing sick pay.

This blog looks only at the tax implications of the position, not the commercial decision as to whether or not such a policy is necessary.

Sadly, on tax, the implications are different for each type of policy-holder:

  • Self employed individuals will not obtain tax relief for the premiums but the benefits payable are not then taxed as trading income.
  • Employers that take out a policy and pay the premiums should be able to claim the premiums as a business expense, although possibly not for controlling directors/shareholders. If the policy is for named employees there is a taxable benefit in kind but for group policies for all employees there are no benefit implications. If a claim is made, the proceeds are paid gross to the employer and are normally taxable. The payments made to the employees from the income should be allowed as a business expense, but are taxable under PAYE.
  • Employees who take out a private policy obtain no tax relief on the premiums, but importantly the proceeds are not taxable. Where an employer pays the premiums on an employee’s own policy the proceeds are normally tax-free in the hands of the employee. The payment of the premiums is a taxable benefit on the employee and the employer can claim tax relief on the premium.