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Real Estate Investing Forums  |  Real Estate Investing  |  Asset Protection, Legal and Contract Issues, Income Taxes, 1031 Exchanges (Moderators: $Cash$, Bluemoon06, kdhastedt, Mdhaas, motivatedceo)  |  Topic: expendable home gym? « previous next »
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Author Topic: expendable home gym?  (Read 1785 times)
jdeity
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« on: August 16, 2006, 03:23:23 PM »

is there any possible way i can deduct a gym that would be kept at my house?  any way at all?
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mcwagner
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« Reply #1 on: August 17, 2006, 04:12:50 PM »

no
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Mark Wagner, CPA, LLC
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Dave T
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« Reply #2 on: August 17, 2006, 10:41:30 PM »

Mark,

What if a doctor gave you a prescription for a home gym?  I agree that this is an unlikely event, but wouldn't this make the home gym a medical expense deduction on Schedule A?
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jdeity
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« Reply #3 on: August 17, 2006, 11:55:27 PM »

no
from Drew Miles article I just read, entitled "Let uncle sam pay for your family and fascinations" (here:
http://www.reiclub.com/articles/uncle-sam-pay-family-fasinations  )
where the author says
"Your Corporate Gym

Your corporation can pay for the cost of gym equipment. It could be a bow flex marching, the “gazelle” running machine, a treadmill, or free weights, etc. If you’ve already purchased them, reimburse yourself. Here’s an added bonus: If you set up your corporate gym near your corporate home office (say in the basement or garage, the additional space can also be deducted. That could be an additional 300-500 sq. ft. or more of office space."

Is he just guessing or something? that quote seemed way wrong to me, just wanted to ask a little bit.  That's an article right on this site, that seems to read that if you set up a corporation you can just deduct your home gym.
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mcwagner
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« Reply #4 on: August 18, 2006, 10:09:30 AM »

1)  to take it as a itemized medical deduction, it would have to exceed 7.5% of AGI.  Most folks wouldn't meet this threshold anyway.  Dues to a gym or spa are not deductible, even as part of an obesity weight loss program prescribed by a physician, so I would doubt that a home gym would be considered any different.

2) On the coroprate side:  On-premises facility.   The athletic facility must be located on premises you own or lease. It does not have to be located on your business premises. However, the exclusion (from being added to employee income - mw) does not apply to an athletic facility for residential use, such as athletic facilities that are part of a resort.   So, a "home" gym would probably not qualify.

You may be able to "sneak" it thru.  But "sneaking" is hardly a valid tax strategy.  If they question it, it will likely be disallowed.

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Mark Wagner, CPA, LLC
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aak5454
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« Reply #5 on: August 18, 2006, 11:53:29 AM »

if you are wasting brainpower on sketchy (bogus, IMHO) deductions, you are not focused on your core business and headed down the wrong path
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jdeity
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« Reply #6 on: August 19, 2006, 09:31:46 AM »

1)  to take it as a itemized medical deduction, it would have to exceed 7.5% of AGI.  Most folks wouldn't meet this threshold anyway.  Dues to a gym or spa are not deductible, even as part of an obesity weight loss program prescribed by a physician, so I would doubt that a home gym would be considered any different.

2) On the coroprate side:  On-premises facility.   The athletic facility must be located on premises you own or lease. It does not have to be located on your business premises. However, the exclusion (from being added to employee income - mw) does not apply to an athletic facility for residential use, such as athletic facilities that are part of a resort.   So, a "home" gym would probably not qualify.

You may be able to "sneak" it thru.  But "sneaking" is hardly a valid tax strategy.  If they question it, it will likely be disallowed.



he actually mentions affiliation with this woman who is involved with the kiyosaki books, so i didn't take his stuff seriously anyways.  it seems outrageous that he is allowed to post articles like that though, which are almost certainly read by an audience that is composed of mostly newbies, and state stuff like it's totally fact and normal, when it would likely lead to consequences.  it's scary because i wonder how much stuff like that is in my head that is also wrong, that i read from an article here and just assumed that it's on the up and up.

what would happen if you did do that, would you get fined or would you be charged with fraud and get real penalties?



if you are wasting brainpower on sketchy (bogus, IMHO) deductions, you are not focused on your core business and headed down the wrong path
thanks for the concern, but i think i'm on the right path right now.  i'm starting investing in january/february '07 (once i get to the part of the country i'm moving to).  until then i'm working at my job.... and studying real estate.  i've been studying for about a year now.  getting low on stuff to study, so i'm reading every article on this site (well, maybe ~90%, some authors literally just sound like they've never even invested or done this stuff in the real world).  tax deductions ARE important.  your statement would be right if, for some creepy reason, you happened to know that i wasn't focused on my core business as well.  rest assured that i am, but have pretty much laid my core business plan down, and am now just accumulating some of hte 'finer' points, one area being tax deductions.
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« Reply #7 on: August 21, 2006, 08:17:57 PM »

denied deduction.  pay the tax due.  no jail time ;-)
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Mark Wagner, CPA, LLC
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jdeity
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« Reply #8 on: August 22, 2006, 02:49:48 PM »

sorry to keep hammering this, but i'm still a little unclear.  are you saying that you can put in questionable stuff, and if you're not audited, you get away with it?  and if they do catch you, there's no fines or problems, you just have to pay it?

still bothers me that, on a site clearly catering to completely new investors, someone would go ahead and give extremely questionable information like that, in such a matter of fact manner....
« Last Edit: August 22, 2006, 02:50:42 PM by jdeity » Report to moderator   Logged
yrush2000
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« Reply #9 on: August 22, 2006, 10:08:52 PM »

Many people get creative with taxes. If the IRS decides to audit you and you can not give a solid reason and proof for a deduction they will make you pay it plus a penalty.
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« Reply #10 on: August 22, 2006, 10:38:27 PM »

it's called fraud and people do it all the time.  most get away with it, some have to pay penalties, and a few go to jail.  

I will not sign a return as preparer that I know to be fraudulent.
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Mark Wagner, CPA, LLC
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« Reply #11 on: August 23, 2006, 04:05:56 PM »

the issue is the corrosion of your integrity.  I have seen many example through my professional career of people who are cutting corners in business are doing so in their personal lives.

Integrity is probably the most valuable things you have in business (IMHO).  A former co-worker of mine (sales guy) did some shady things back in the early 90's and sold some customers some real junk (and then denied/lied about it).  When the tech down turn came, he was let go and has not work since then.  He is pretty much an "untouchable" in my industry and probably 30% of the time when his name comes up in conversation, people say "remember when XXX sold....".

Sure REI is a huge pond, but it amazing how people from the past always pop up.  I bought a couple of apartment building from my former landlord from 14 yrs. ago (totally by chance, have not seen the guy in 10+ yrs.)
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yrush2000
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« Reply #12 on: August 23, 2006, 06:44:30 PM »

Heres an old but true saying..

"Everyone is a thief, but its only those that are caught are labled thiefs"
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DannyTheGreat
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« Reply #13 on: August 24, 2006, 11:53:21 AM »

Speak for yourself yrush.

jd- It's not worth it to save every receipt you ever got just to save a few bucks on taxes. That's like cutting out coupons to save 2 cents on an apple. Don't sweat the small stuff. Pay your taxes and don't nickle and dime the IRS.
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"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."- Isoroku Yamamoto, Japanese Admiral- After the attack on Pearl Harbor
yrush2000
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« Reply #14 on: August 24, 2006, 07:57:00 PM »

never ate a grape at the supermarket..come on..we all pick fruit at one point in our life. Ever keep the wrong change or correct the clerk on the price of something....Doubt it!!!!!!
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