09/13/2018
WILL THE IRS CONSIDER YOUR SIDE HUSSLE A BUSINESS OR A HOBBY?
Whether or not you will be able to deduct losses from your “side job” depends on whether the IRS believes you have a profit motive. Year to year losses could pique the interest of the IRS and raise the treacherous RED FLAG. To make the determination of whether an activity is engaged in for profit, nine factors included in Regs. Sec.1.183-2(b) will be considered. In brief, these nine factors are:
1) Is the business carried on in a business-like manner? Separate bank account, books, records.
2) Does the owner/taxpayer have any expertise in the type of business?
3) How much time does the taxpayer spend in the operation of the business?
4) Is there an expectation that assets of the business (such as land) will appreciate enough to cover expenses?
5) Has the taxpayer ever converted any previous activity from unprofitable to profitable?
6) Has the history of profitability fluctuated considering the type of activity and the economy?
7) Has gross income exceeded deductions in three out of five years?
8) Does the taxpayer have other sources of income?
9) Does the activity provide any recreational benefit to the taxpayer?
No single factor is determinative in concluding that an activity is or is not engaged in for profit. All historical factors are considered in making a determination of profit motive. If the IRS believes the business is actually a hobby, no losses are deductible, currently or in the past.