Babysitting as a Charitable Donation

If you’re a parent and you use a babysitter or daycare provider to care for your child while you are at work, that’s a deductible expense. In general, both parents must work, or one must be disabled or in college in order to qualify. But did you know that hiring a babysitter to care for your child while you are performing charity work counts as a charitable donation? I didn’t until recently. In fact, if you read the IRS regulations, it’s pretty clear that it’s not allowed.

But, according to Kiplinger.com—the IRS lost a case in Tax Court trying to uphold that rule. The difference is, in this instance, you claim the child care expenses as a charitable donation instead of as a child care expense.

Now, in order to make such a claim, I would recommend that you keep excellent records of the time spent volunteering, the type of work performed, and the charity you worked for. Of course, if you spend two hours a week volunteering, but your child is in daycare for 30 hours a week, you can only deduct for the two hours of time you volunteered.

Hobby vs. Business: What About the Collector?

Honus Wagner Baseball Card

Honus Wagner Baseball Card sold for $262,000

If you’ve seen some of my other blog posts, you may have noticed some of my articles about hobbies and businesses.  Most of the time, people know if they own a business or not, but sometimes the category gets a little blurry.  Like the other day, I was reading a message board by a fellow you sold his baseball cards on E-Bay.  In his case, he only sells about $50 worth of cards a year, definitely a hobby, not a business at this point.  But he was thinking about increasing his sales and crossing out of the “hobby” mode and into the “business” mode. 

Now I have all sorts of advice about moving from a hobby to a business, but in this case, things might be a little different.  The reason I say that is because baseball cards are collector’s items.  It kind of depends what level the gentleman is at.  You can buy cards and sell them at retail of course, that would be a regular business.  But there are also the folks that buy and trade “collectibles”.    The recent auction price of a Honus Wagner card for $262,000 gives you a clue as to what I’m talking about. 

If your business or hobby involves selling collectible items, such as art, guns, coins, stamps, and things like that, you might be reporting your income on a schedule D form.  The same form that you use to report gains and losses from the sale of stocks, bonds, and mutual funds. 

I like reporting income that way because of the tax advantage, there’s no self employment tax and if you sell an item that you’ve held for over a year then you’re also taxed at the lower capital gains tax rate.  The downside to reporting this way is that you get no loss deduction for the sale of “capital assets held for personal use.”

There could be three possible ways to report the same income for a “hobby/business/capital gain” sale.  For example:  Let’s say you purchase a painting for $1,000.  You keep it in your living room for a few years and then you sell the painting for $2,000.  If you report the income as a hobby:  $2,000 goes on line 21 of your 1040 and you might be able to claim the $1000 you paid for the painting as a deduction on your Schedule A, (but because of the other rules involved, most like you won’t get to deduct that at all.)  If you’re in the 25% tax bracket, you’ll pay $500 more in income tax.  If you report the $2,000 as self employment income on Schedule C, you can deduct the $1000 as an inventory expense leaving you with a profit of $1,000.  Taxed at 25%, that’s $250.  Add to that the 15% self employment tax which adds another $150 making your tax bill $400.  As a sale of a capital asset, you report on schedule D the income of $2,000, the basis of $1,000 with a taxable long term capital gain of $1,000 which will be taxed at the capital gain rate of 15% costing you $150 of tax money.  In this example, I know I’d want to use the capital gain. 

Of course, there are other rules and issues you have to consider when determining if an activity is a hobby or business or collection, but the example above does let you see some of the differences in how you might want to structure your business/hobby/collection.

I’d have to ask the baseball card fellow some more questions about his business plan to determine exactly what category I’d place him in.  But with some collectors, it’s pretty obvious that you’d want to classify their collecting income as capital gain and not self employment.

Why You Might Want to Let Your Spouse Own Your Business

Sunshine Boutique

Photo by Living in Monrovia at Flickr.com

First and foremost—this post will only apply to a limited number of people, so please don’t go changing your business ownership based on the title. 

One of the downsides of owning your own business is that you have to pay self employment tax.  Self employment tax is 15.3% of your profit, you pay it in addition to your regular tax rate.  So, if you’re in the 25% income tax bracket, you’re actually paying 40.3% in taxes on your self employment income.  That’s a lot of tax.

Social security makes up 12.4% of that.  (8.4% for 2011 only.)  The maximum amount of your earnings that are subject to Social Security taxes is $106,800.  Once you cross that threshold, you don’t pay Social Security tax anymore for the year.  If you’re in that situation, you know how great it is when your company quits withholding your Social Security, it’s like a temporary pay raise. 

So let’s say that you own a small business with a net profit of $50,000.  Your husband gross pay is $125,000 a year.  He’s already completely paid up for his Social Security.  After claiming all of your deductions, let’s say your taxable income is $135,000 – that’s still in the 25% tax bracket.  Your tax liability would be $33,765.  That would be $26,115 for your regular tax plus another $7,650 for your self employment tax.

But what if your husband owned the business instead of you?  He’s already maxed out his social security taxes.  In this case, your total tax liability would be $27,565.  That would be the same $26,115 for the regular tax, plus only $1450 for the self employment tax (it would be the Medicare portion.)  In this example, it’s a total tax savings of over $6,000. 

What are the downsides?  Obviously, you wouldn’t want to have your business in your spouse’s name if divorce were a possibility.  It wouldn’t make sense to do this if your spouse’s wage income wasn’t above or at least near the social security maximum threshold.  Also, by putting the business in your spouse’s name, then you’re not contributing to your social security pool for the future.  See that $6,000 saved in the scenario above?  The best thing to do with that money is to put it towards your retirement. 

Another issue is continuity.  If you’ve had your business in your name for 20 years, why would you change it now?  On the other hand, if you’re starting a new venture maybe it makes sense to set it up that way.  You may have other perfectly legitimate reasons for not doing this as well.  It’s an option for saving some money, certainly not a requirement.