Can I claim home office deduction as a law firm partner working from home?
I'm a partner at a law firm and trying to figure out the home office deduction situation. I don't get any guaranteed payments - just take home a percentage of profits at the end of the year (which comes on my K-1). My work situation is that I work almost completely from my home office - probably 40+ hours each week. My firm does have an official office downtown, but I only go there maybe once every 2-3 weeks for meetings. I almost never meet clients in person anymore - can only remember doing it twice in the past year. However, I do tons of virtual client meetings from my home office setup. I've got a dedicated room that's used 100% for my legal work. With this arrangement, am I eligible to claim the home office deduction on my taxes? I know the rules can be tricky for partners who receive K-1 income rather than regular wages. Does working remotely by choice rather than requirement affect my eligibility? The home office is definitely my principal place of business.
21 comments


Mei Wong
You can claim a home office deduction as a law firm partner, but there are specific requirements you need to meet. Since you receive K-1 income as a partner rather than W-2 wages, you would report the home office deduction on Schedule C (for the portion of your home used exclusively and regularly for business). Based on what you've described, you likely qualify because you're using the space exclusively for business and it's your principal place of business (40+ hours weekly vs. visiting the firm office only occasionally). The fact that the firm maintains a separate office doesn't automatically disqualify you as long as your home office is where you conduct the substantial majority of your work. Since you're conducting client meetings (even virtually) from this space and performing your essential job functions there, the IRS would generally consider this your principal place of business. Just make sure you're documenting your work patterns and maintaining that space exclusively for business use.
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Liam Sullivan
•I'm in a similar situation but also take client calls from my kitchen sometimes. Does that mean I can also deduct part of my kitchen as a home office too? Or does that mess up the "exclusive use" requirement?
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Mei Wong
•Taking client calls from your kitchen wouldn't qualify that space as a home office. The exclusive use test requires that the specific area you're claiming must be used only for business purposes. Since your kitchen is also used for personal activities like cooking and eating, it fails the exclusive use test. Your dedicated office space would still qualify as long as you use that room exclusively for business, but you can't include other multi-purpose areas like kitchens, living rooms, or bedrooms that serve dual purposes. The IRS is quite strict about this requirement during audits, so it's best to limit your deduction to truly dedicated spaces.
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Amara Okafor
I went through this exact situation last year and the IRS rules were driving me crazy! I found this tax AI tool that actually helped me figure out my home office deduction situation. It's called https://taxr.ai and it analyzed my specific partnership situation and confirmed I qualified. The cool thing was it showed me exactly how to document everything properly - like what percentage of my home qualified and which expenses could be allocated. The tool even helped identify additional deductions I would have missed, like partial internet and utilities that I could legitimately claim. It basically saved me from making mistakes that could have triggered an audit.
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Giovanni Colombo
•Did it help you figure out how to calculate the actual amount? I'm struggling with whether to use the simplified method ($5 per sq ft) or try to calculate the actual expenses for my situation.
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Fatima Al-Qasimi
•Sounds interesting but I'm skeptical. How does it know the specific IRS rules for law partners vs. other self-employed people? Partnership taxation can be really complex with K-1 income.
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Amara Okafor
•Yes, it actually compared both methods side by side! It showed me that in my case, the regular method gave me a bigger deduction because I have a larger home office and substantial expenses. It calculated everything based on square footage percentage and showed exactly which utilities and other home expenses could be partially allocated. The system actually has specific knowledge about partnership K-1 income versus other types of self-employment. It breaks down each section of your tax situation and applies the relevant rules. For law partners specifically, it distinguishes between guaranteed payments and distributive share income, which is important because they're treated differently for self-employment tax purposes.
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Giovanni Colombo
I tried taxr.ai after seeing the recommendation here and it was seriously helpful. My situation is almost identical - law firm partner working primarily from home. The tool identified exactly how to handle my K-1 income and separated the analysis between my guaranteed payments and profit distributions. What really impressed me was how it explained the difference between the simplified method and regular method calculations specifically for my situation. In my case, the regular method provided nearly $4,300 more in deductions than the simplified method would have! It also flagged some depreciation recapture issues I would have completely missed if I ever sell my home. Definitely worth checking out if you're in a partnership situation.
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StarStrider
Slightly different issue but related - I spent WEEKS trying to get clarification from the IRS about partnership home office deductions last year. Could never get through on the phone. Finally found this service called https://claimyr.com that got me connected to an actual IRS agent within 30 minutes instead of waiting on hold for hours. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c The agent I spoke with confirmed that yes, law partners can take home office deductions when working remotely, even if the firm has a physical office elsewhere. The key was establishing that my home office was genuinely my principal place of business based on time spent there and the importance of the activities performed there. Having that official confirmation really gave me peace of mind.
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Dylan Campbell
•How does this service actually work? I've been trying to call the IRS about my own home office question for weeks and just get disconnected.
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Fatima Al-Qasimi
•Sorry, but I don't buy it. I've tried everything to reach the IRS and nothing works. There's no way some service can magically get you through when millions of people can't get answers. Sounds like a scam.
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StarStrider
•It's pretty straightforward. The service uses automated technology to navigate the IRS phone tree and wait on hold for you. When they reach a live agent, you get a call connecting you directly. It's like having someone wait in line for you. I was skeptical too before trying it! But here's what happened - I submitted my number through their system and went about my day. About 45 minutes later, I got a call connecting me directly to an IRS representative who was already briefed on my general question topic. Saved me hours of waiting on hold and repeatedly getting disconnected. The IRS is severely understaffed right now, which is why direct calls are nearly impossible.
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Fatima Al-Qasimi
I need to eat my words. After my skeptical comment, I decided to try Claimyr out of desperation. Had been trying to reach the IRS for MONTHS about my partnership home office situation. The service actually worked - got a call back connecting me to an IRS agent in about an hour. The agent confirmed that as a law partner, I can claim home office when it's my principal place of business, which in my case it is since I'm there 90% of the time. They also clarified that the deduction goes on Schedule C, not Schedule E where most partnership expenses end up. This was a critical distinction I was confused about. Would've kept doing it wrong without getting that clarification. Sometimes you need to hear it directly from the IRS to be confident.
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Sofia Torres
Don't forget that even if you qualify for home office deduction, you'll need to consider whether the simplified or regular method is better. With the simplified method, you can deduct $5 per square foot up to 300 square feet (max $1,500). With the regular method, you calculate the percentage of your home used for business and apply that to actual expenses. For high-income professionals like attorneys, the regular method often yields a much larger deduction since you can include mortgage interest, property taxes, utilities, maintenance, etc. Just remember if you use the regular method, you'll need good documentation of all expenses and the exclusive business use of the space.
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Dmitry Sokolov
•Does using the regular method create any issues if you sell your house later? I've heard something about recapture but don't really understand it.
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Sofia Torres
•Yes, using the regular method does create potential tax consequences when you sell your home. When you claim depreciation on the business portion of your home (which is part of the regular method), you'll face depreciation recapture when you sell. Basically, the IRS requires you to "recapture" the depreciation you claimed by paying taxes on it when you sell the home. This happens even if you didn't actually claim the depreciation but were entitled to (known as "allowed or allowable" depreciation). This recaptured amount is generally taxed at a 25% rate rather than normal capital gains rates. The simplified method avoids this issue since you don't claim depreciation on your home.
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Ava Martinez
Has anyone considered that exclusive use is sometimes not easy to prove? I use a room that's technically a bedroom as my home office, but it has absolutely nothing in it except office furniture and equipment. Would an IRS agent look at the room layout and decide it's not exclusive use just because it could be a bedroom?
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Miguel Ramos
•I went through an audit 2 years ago with a similar setup. The IRS actually didn't care about what the room *could* be used for, only what it *is* being used for. I showed them photos of the office setup and explained that 100% of activities in that room were business-related. They accepted it without issue.
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Ava Martinez
•That's really helpful, thanks for sharing your experience. I've been paranoid about this for years and have been taking photos periodically to document that the room is only set up as an office. Glad to hear the IRS was reasonable about it during your audit!
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Saanvi Krishnaswami
One thing I haven't seen mentioned yet is the importance of tracking your actual work hours between locations. Since you mentioned going to the firm office every 2-3 weeks, you should document the time spent at each location throughout the year. The IRS uses this as a key factor in determining your "principal place of business." Keep a simple log showing dates, hours worked from home vs. firm office, and types of activities performed at each location. This becomes crucial evidence if you're ever audited. Since you're working 40+ hours weekly from home and only visiting the firm office occasionally, your documentation should clearly support that your home office is indeed your principal place of business. Also, make sure you're not mixing any personal activities in that dedicated room - no personal computer use, no storing personal items, etc. The exclusive use test is where many people trip up during audits.
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Miguel Hernández
•This is excellent advice about documentation! I'm just starting out as a freelance consultant and working from home, so I'm trying to get all this set up correctly from the beginning. Do you recommend any specific apps or tools for tracking work hours by location? I want to make sure I'm keeping records that would satisfy the IRS if needed. Also, when you say "types of activities," how detailed should that documentation be?
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