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Home Businesses Face Daunting Regulations: SBA

IRS and local zoning ordinances called heaviest burden

By Robert Longley, About.com

It may come as no surprise to anybody who runs one, but home-based businesses face a daunting array of restrictions from both federal and local regulations, according to a research report funded by the SBA's Office of Advocacy. The report documents the difficulties of complying with complex and confusing IRS rules for home office and equipment deductions. It also describes many of the zoning restrictions faced by the fifty-three percent of small businesses that are home-based.

"Home-based businesses are a significant part of our economy," said Thomas M. Sullivan, Chief Counsel for Advocacy in a press release. "Our research shows that federal regulations already have a disproportionate impact on small business. This report shows how local zoning regulations can have a big impact on small business, as well. Since a majority of businesses are home-based, these restrictive regulations should be reviewed by policy-makers at all levels of government," he said.

Released at the Washington offices of the National Association for the Self-Employed (NASE) the report, Home-Based Business and Government Regulations was written by Microeconomic Applications, Inc. and funded by the Office of Advocacy. NASE represents and is a resource for the nation’s self-employed and micro-businesses.

At the federal level, the report found that IRS regulations penalize home-based businesses in their treatment of deductions. In particular, claiming a home-office deduction is complex; the depreciation is spread over an unrealistically long time; and returning the space to full residential use generally entails penalties.

The report examined state and local regulations in Arizona, California, Illinois, Iowa, Pennsylvania, and Vermont. It found that the most restrictive regulations are at the local zoning level. It also notes that some states have begun to enact legislation that is supportive of home-based businesses. Vermont, Maryland, and California were cited for such legislation.

The Office of Advocacy, the "small business watchdog" of the government, examines the role and status of small business in the economy and independently represents the views of small business to federal agencies, Congress, and the President. It is the source for small business statistics presented in user-friendly formats and it funds research into small business issues.

The complete report, Home-Based Business and Government Regulations (.pdf) can be viewed or downloaded at: http://www.sba.gov/advo/research/rs235tot.pdf

[Source: Small Business Administration]

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