S. 1349Senate111th Congress (2009-2011)In Committee

Home Office Tax Deduction Simplification and Improvement Act of 2009

Introduced June 25, 2009

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S7074)

June 25, 2009

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SenateIntro Referral

Introduced in Senate

June 25, 2009

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S7073-7074)

June 25, 2009

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S7074)

June 25, 2009

Floor Debate

12 members

What members said about S. 1349 on the floor

3 Republicans9 Democrats
Chuck Grassley
Sen. Chuck GrassleyR-IA · Jun 25, 2009

Mr. President, President Obama, in his press briefing this past Tuesday, June 23, 2009, made the following statement regarding his assessment of the first four months of the American Recovery and…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Jun 25, 2009

Mr. President, I rise today to join my fellow New Englander, Senator Susan Collins of Maine, in introducing the Lyme and Tick-Borne Disease Prevention, Education, and Research Act of 2009. As…

Ron Wyden
Sen. Ron WydenD-OR · Jun 25, 2009

Mr. President, along with my friend, Senator Barrasso, I am introducing legislation to keep rural America from becoming a health care sacrifice zone. Our legislation, the Rural Health Clinic Patient…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jun 25, 2009

Mr. President, I rise today to introduce legislation that will correct an inequality in the Department of Justice's Public Safety Officers Benefits, PSOB, Program by extending benefits to non-profit…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jun 25, 2009

Mr. President, today I rise to reintroduce legislation to offer a drastically simplified alternative for home-based businesses to benefit from the home office tax deduction. The U.S. Small Business…

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Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jun 25, 2009

Mr. President, today I rise to reintroduce legislation to offer a drastically simplified alternative for home-based businesses to benefit from the home office tax deduction. The U.S. Small Business…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Jun 25, 2009

Mr. President, I believe that perhaps the most effective way to improve the education of our children is to invest in their teachers, and make certain that quality teachers have the incentive to stay…

Bill Nelson
Sen. Bill NelsonD-FL · Jun 25, 2009

Mr. President, I rise today to introduce, with my colleagues Senators Ensign and Martinez, the Clean Renewable Water Supply Bond Act of 2009. While many of us do not think twice when we turn on the…

John Cornyn
Sen. John CornynR-TX · Jun 25, 2009

Mr. President, I rise to introduce the Federal Research Public Access Act. I am very pleased to be joined again by my good friend and colleague, Senator Joe Lieberman, who has remained dedicated to…

Mark L. Pryor
Sen. Mark L. PryorD-AR · Jun 25, 2009

Mr. President, I rise today along with Senator Inhofe to introduce the Fueling America Act of 2009 which will provide incentives for the production and use of natural gas and propane vehicles…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jun 25, 2009

I rise to introduce the Dextromethorphan Abuse Reduction Act of 2009. This legislation will help prevent the dangerous abuse by minors of cough medicines containing the ingredient dextromethorphan,…

Jack Reed
Sen. Jack ReedD-RI · Jun 25, 2009

Mr. President, today I am introducing the Success in the Middle Act, which will help provide new support for raising student achievement in the middle grades. I thank Senators Klobuchar, Stabenow,…

Barbara Boxer
Sen. Barbara BoxerD-CA · Jun 25, 2009

Mr. President, I rise on behalf of myself and Senator Feinstein to speak on the introduction of the Western States Trail Study Act of 2009. This legislation would provide for a study by the…

Bill Text

Latest available legislative text

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Introduced in SenateIssued June 25, 2009

II

111th CONGRESS

1st Session

S. 1349

IN THE SENATE OF THE UNITED STATES

June 25, 2009

Ms. Snowe (for herself and Mr. Conrad) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to simplify the deduction for use of a portion of a residence as a home office by providing an optional standard home office deduction.

1.

Short title

This Act may be cited as the Home Office Tax Deduction Simplification and Improvement Act of 2009.

2.

Optional standard home office deduction

(a)

In general

Subsection (c) of section 280A of the Internal Revenue Code of 1986 (relating to exceptions for certain business or rental use; limitation on deductions for such use) is amended by adding at the end the following new paragraph:

(7)

Election of standard home office deduction

(A)

In general

In the case of an individual who is allowed a deduction for the use of a portion of a dwelling unit as a business by reason of paragraph (1), (2), or (4), notwithstanding the limitations of paragraph (5), if such individual elects the application of this paragraph for the taxable year with respect to such dwelling unit, such individual shall be allowed a deduction equal to the standard home office deduction for the taxable year in lieu of the deductions otherwise allowable under this chapter for such taxable year by reason of paragraph (1), (2), or (4).

(B)

Standard home office deduction

(i)

In general

For purposes of this paragraph, the standard home office deduction is an amount equal to the product of—

(I)

the applicable home office standard rate, and

(II)

the square footage of the portion of the dwelling unit to which paragraph (1), (2), or (4) applies.

(ii)

Applicable home office standard rate

For purposes of this subparagraph, the term applicable home office standard rate means the rate applicable to the taxpayer's category of business, as determined and published by the Secretary for the 3 categories of businesses described in paragraphs (1), (2), and (4) for the taxable year.

(iii)

Maximum square footage taken into account

The Secretary shall determine and publish annually the maximum square footage that may be taken into account under clause (i)(II) for each of the 3 categories of businesses described in paragraphs (1), (2), and (4) for the taxable year.

(C)

Effect of election

(i)

General rule

Except as provided in clause (ii), any election under this paragraph, once made by the taxpayer with respect to any dwelling unit, shall continue to apply with respect to such dwelling unit for each succeeding taxable year.

(ii)

One-time election per dwelling unit

A taxpayer who elects the application of this paragraph in a taxable year with respect to any dwelling unit may revoke such application in a subsequent taxable year. After so revoking, the taxpayer may not elect the application of this paragraph with respect to such dwelling unit in any subsequent taxable year.

(D)

Denial of double benefit

(i)

In general

Except as provided in clause (ii), in the case of a taxpayer who elects the application of this paragraph for the taxable year, no other deduction or credit shall be allowed under this subtitle for such taxable year for any amount attributable to the portion of a dwelling unit taken into account under this paragraph.

(ii)

Exception for disaster losses

A taxpayer who elects the application of this paragraph in any taxable year may take into account any disaster loss described in section 165(i) as a loss under section 165 for the applicable taxable year, in addition to the standard home office deduction under this paragraph for such taxable year.

(E)

Regulations

The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this paragraph.

.

(b)

Modification of home office business use rules

(1)

Place of meeting

Subparagraph (B) of section 280A(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows:

(B)

as a place of business which is used by the taxpayer in meeting or dealing with patients, clients, or customers in the normal course of the taxpayer's trade or business, or

.

(2)

De minimis personal use

Paragraph (1) of section 280A(c) of such Code is amended by striking for the convenience of his employer and inserting for the convenience of such employee's employer. A portion of a dwelling unit shall not fail to be deemed as exclusively used for business for purposes of this paragraph solely because a de minimis amount of non-business activity may be carried out in such portion.

(c)

Reporting of expenses relating to home office deduction

Within 60 days after the date of the enactment of this Act, the Secretary of the Treasury shall ensure that all forms and schedules used to calculate or report itemized deductions and profits or losses from business or farming state separately amounts attributable to real estate taxes, mortgage interest, and depreciation for purposes of the deductions allowable under paragraphs (1), (2), (4), and (7) of section 280A(c) of the Internal Revenue Code of 1986.

(d)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2009.