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TAX TIP No. 25
Turning hobby into business means tax breaks
Hobbies provide a great way to relax from the
daily grind. For many people, they also offer a way to make extra
spending money.
Be aware, however, when your hobby produces
income, you owe tax on it.
You can reduce your taxable
hobby income by deducting your hobby expenses, but this
tax break is limited.
Allowable hobby deductions
You can only deduct expenses up to the amount
of money you make on the hobby. Even then, hobby expenses, along
with other miscellaneous expenses you itemize on Schedule A, must
come to more than 2 percent of your adjusted gross income before
you can deduct them.
If you find your hobby is regularly making money,
it might be to your tax advantage to turn the sideline into a business.
It's not as difficult as you might think. If
you operate as a sole proprietor, you report the income on your
1040 tax return and you have more options when it comes to deducting
your expenses.
Hobby vs. business
The Internal Revenue Service
defines a hobby as an activity you pursue without expecting
to make a taxable profit. Basically, you do it because
you like it, regardless of the cost.
But if you demonstrate that you are involved
in an activity with the expectation of making money on it, the IRS
will consider it a business. As such, you'll be able to deduct expenses
directly from your income. You even can deduct overall business
losses in the years you don't turn a profit.
You must, however, make the right moves to convince
the IRS that your sideline is a legitimate business.
What constitutes a business
The IRS uses two tests in determining whether
your activity is a business rather than a hobby.
First, the profit test demands that you show
you earned money on the activity in three out of five years.
If you can't meet the profit test, you get another chance to convince
the IRS that you are running
a business by passing the
factors-and-circumstance test.
Here, the tax agency takes
a subjective, individualized
look at your pursuit.
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| Basically, the IRS examines: |
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Whether you carry on the activity in a businesslike manner. This includes, for example, keeping good books and records, promoting your business and holding down costs where possible. |
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How much time and effort you devote to the enterprise. |
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Whether you depend on income from the activity for your livelihood. |
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If your losses are due to circumstances beyond your control or are normal for a business in its startup phase. |
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Whether you change your methods of operation in an attempt to improve profitability. |
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The knowledge and background you (or your advisers) have in running such a business. |
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If you were successful in making a profit in similar activities in the past. |
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Whether the activity makes a profit in some years and, if so, how much. |
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Whether you can expect to make a future profit from the appreciation of the assets used in the activity. |
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The element of personal pleasure involved in the activity. That doesn't mean you can't enjoy your new business, but you better be getting more out of it than just a good time. |
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IRS looks at everything
In determining whether you are
carrying on an activity for profit, the IRS says all the
facts are taken into account. No one factor alone is decisive.
So be prepared to come through in several areas to convince
the IRS that you're making a good-faith attempt to run
a business and not just looking to illegally claim the
more-expansive business tax breaks.
By successfully
transforming your hobby into
a business, you'll be able
to deduct your associated
expenses on Schedule C or
C-EZ without worrying about
a percentage limitation. You
might even find a few more
you can take, such as one
for the home
office you set up to take
care of your new endeavor's
administrative chores.
And if you have an occasional year where you
lose money, the loss can help reduce your other income and lower
your tax bill.
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