A taxpayer argued measure of walls shouldn\u0027t be included in Revenu Quebec\u0027s office space calculation, but a judge disagreed. Find out more.
The taxpayer appealed the reassessments of the 2011 and 2013 tax years, and settled out of court for those two years. In a 2019 signed settlement, Revenu Québec and the taxpayer agreed that the expenses for the business use of his home were to be apportioned using a 22-per-cent allocation.
Revenu Québec’s approach was to simply take the total exterior surface of his residence, which measured 44 feet by 28 feet, or 1,232 square feet , with a basement of the same size, for a total of 2,464 sf. The taxpayer used three rooms in his home exclusively for professional use. Those three rooms represented an area of 420 sf. Revenu Québec’s position, therefore, was that 17.05 per cent of the taxpayer’s home was used for work, so 17.
Taking this all into account, the taxpayer recalculated the business use of his home by taking the 420 sf of the three business-use only rooms, but dividing it by 1,505 sf, which represented the total “net usable area” after accounting for the thickness of the walls and the shared spaces. This produced a business-use percentage allocation of 28 per cent .
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