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- DON'T LET THE IRS CALL YOUR BUSINESS A HOBBY
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- The IRS often tries to eliminate the tax benefits
- of a sideline activity by arguing that it is a hobby,
- not a business. If the IRS declares your sideline
- business a hobby, you can't deduct any more than you
- make on the hobby.
- In effect, then, your sideline business income can
- be tax-free, but you will not be able to deduct non-
- cash expenses such as depreciation. And you won't be
- able to use the business to lower your family's overall
- taxable income.
- There are several ways to avoid having a sideline
- business treated as a hobby. The tax code provides a
- "safe harbor" rule. If you profit from a sideline
- three out of any five consecutive years, you're safe.
- (If you breed horses, the safe harbor rule is three
- profitable years out of any seven consecutive years.)
- Taxpayers who don't qualify for the safe harbor
- rule still have hope. You have to make a case for the
- fact that you are trying to be profitable. Some
- documentation that will help is proof of advertising,
- promotion, proposals, market research, and the like.
- Save your rejection letters.
- Two recent court cases established pro-taxpayer
- decisions on this issue. In each case, the taxpayer
- never made a profit, but the sideline still qualified
- as a business. According to the courts, the most
- important factor is that you conduct your sideline
- business in a professional manner. If you take it
- seriously, the courts may take it seriously.
- Find out what either the industry or the local
- norm is for all your business procedures. Follow the
- norm unless you have a more effective way of doing
- things. And always keep complete records.
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