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, 2008 

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Michelle Jones, Founder and Editor of BetterBudgeting.com
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Is it a Business or a Hobby?

Deciding whether your hobby is actually a small business or not isn't too difficult. Here are the IRS guidelines to follow.

It is generally accepted that people prefer to make a living doing something they like. If you are thinking of starting a business but it does not provide you with "a living," or make a profit, your expenses may not be deductible. 

Expenses connected with your business activities may be tax deductible or limited to the rules for hobby expenses. The limit on not-for-profit (hobby) losses applies to individuals, partnerships, estates, trusts, and S corporations. It does not apply to corporations other than S corporations.

In determining whether you are carrying on an activity for profit, all the facts should be taken into account. No one factor alone is decisive. Among the factors to consider are whether:
bulletYou carry on the activity in a business-like manner.
bulletThe time and effort you put into the activity indicate you intend to make it profitable.
bulletYou depend on income from the activity for your livelihood.
bulletYour losses are due to circumstances beyond your control (or are normal in the start-up phase of your type of business).
bulletYou change your methods of operation in an attempt to improve profitability.
bulletYou, or your advisors, have the knowledge needed to carry on the activity as a successful business.
bulletYou were successful in making a profit in similar activities in the past.
bulletThe activity makes a profit in some years (and the amount of profit it makes).
bulletYou can expect to make a future profit from the appreciation of the assets used in the activity.

For details about not-for-profit activities, refer to Chapter 1 in Publication 535, Business Expenses (PDF). The chapter explains how to determine whether your activity is carried on to make a profit and how to figure the amount of loss you can deduct. For further information on the status of your business you may also consider the sources provided in our Tax Assistance page.


Source: IRS.gov

 

 

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