Tax Musings of a Burbank CPA – Is Your Business Really a Business or a Hobby?

Now that tax season is over, I want to discuss the hobby loss rules a bit.  Is your small business really a business or is it a hobby (with the loss of any corresponding tax losses).

The IRS has addressed the issue with a list of factors they use to determine if a business is a hobby or not. 

Here is the list from the IRS website:

Income & Expenses

Question: How do you distinguish between a business and a hobby?

Answer:

In making the distinction between a hobby or business activity, take into account all facts and circumstances with respect to the activity. No one factor alone is decisive. You must generally consider these factors to establish that an activity is a business engaged in making a profit:

  • Whether you carry on the activity in a businesslike manner.
  • Whether the time and effort you put into the activity indicate you intend to make it profitable.
  • Whether you depend on income from the activity for your livelihood.
  • Whether your losses are due to circumstances beyond your control (or are normal in the startup phase of your type of business).
  • Whether you change your methods of operation in an attempt to improve profitability.
  • Whether you or your advisors have the knowledge needed to carry on the activity as a successful business.
  • Whether you were successful in making a profit in similar activities in the past.
  • Whether the activity makes a profit in some years and how much profit it makes.
  • Whether you can expect to make a future profit from the appreciation of the assets used in the activity.

You may find more information on this topic in section 1.183-2 (b) of the Federal Tax Regulations.

 

So you should use this list to help determine if you really have a business or a hobby.  This is not a final determination, just a starting point.

 

 Dollar Mag GlassUncle Sam Whittling Bus Deduction For financial,  accounting and tax musings,

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