Does the IRS Treat Makers Unfairly? Distinguishing between a Business or Hobby

Taxpayers can only deduct hobby expenses up to the amount of hobby income. 

If hobby expenses are more than its income, taxpayers have a loss from the activity. 

A hobby loss can’t be deducted from other income.

Nine Fabled Factors 

1. Whether you carry on the activity in a businesslike manner and maintain complete and accurate books and records.

2. Whether the time and effort you put into the activity indicate you intend to make it profitable.

3. Whether you depend on income from the activity for your livelihood.

4. Whether your losses are due to circumstances beyond your control (or are normal in the startup phase of your type of business).

5. Whether you change your methods of operation in an attempt to improve profitability.

6. Whether you or your advisors have the knowledge needed to carry on the activity as a successful business.

7. Whether you were successful in making a profit in similar activities in the past.

8. Whether the activity makes a profit in some years and how much profit it makes.

9. Whether you can expect to make a future profit from the appreciation of the assets used in the activity.

WARNING: IRS Auditors and Examiners play fast and loose with the rules. If you’re a maker and are being audited, contact Selig & Associates for a free legally privileged consultation. 

IRS Small Business Week Tax Tip 2017-04, May 3, 2017

Millions of people enjoy hobbies that are also a source of income. From catering to cupcake baking, crafting homemade jewelry to glass blowing -- no matter what a person’s passion, the Internal Revenue Service offers some tips on hobbies.

Taxpayers must report on their tax return the income earned from hobbies. The rules for how to report the income and expenses depend on whether the activity is a hobby or a business. There are special rules and limits for deductions taxpayers can claim for hobbies. Here are five tax tips to consider:

1. Is it a Business or a Hobby?  A key feature of a business is that people do it to make a profit. People engage in a hobby for sport or recreation, not to make a profit. For more about ‘not-for-profit’ rules, see Publication 535, Business Expenses.
2. Allowable Hobby Deductions.  Within certain limits, taxpayers can usually deduct ordinary and necessary hobby expenses. An ordinary expense is one that is common and accepted for the activity. A necessary expense is one that is appropriate for the activity.
3. Limits on Hobby Expenses.  Generally, taxpayers can only deduct hobby expenses up to the amount of hobby income. If hobby expenses are more than its income, taxpayers have a loss from the activity. However, a hobby loss can’t be deducted from other income.
4. How to Deduct Hobby Expenses.  Taxpayers must itemize deductions on their tax return to deduct hobby expenses. Expenses may fall into three types of deductions, and special rules apply to each type. See Publication 535 for the rules about how to claim them on Schedule A, Itemized Deductions.

Trucking Company President Charged with Violating Workers Compensation Law (he should have hired SELIG & Associates)

The investigation was a joint effort conducted by NYSIF’s Division of Confidential Investigations, the Department of Financial Services and the Queens County District Attorney’s Office.

Authorities arrested the owner of a Queens trucking company and one of his workers for falsifying documents that led to more than $216,000 in alleged workers’ compensation fraud against the New York State Insurance Fund. The Queens District Attorney’s Office arrested the president of a Trucking Company and charged him with fraudulent practices in violation of the Workers’ Compensation Law and offering a false instrument for filing, both felonies. Investigators said the Queens resident allegedly underreported payroll for his trucking company from July 2012 through July 2015 to avoid paying the correct insurance premium to NYSIF.  The Trucking Company owner allegedly claimed he worked alone in his business and had no employees. The investigation revealed the Trucking Company owner employed several trucks and drivers, whom he paid in cash, expenses allegedly listed in accounting ledgers as fuel costs for his business. As a result, he allegedly underpaid NYSIF by more than $158,000 in insurance premiums.

  

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We successfully solve IRS and New York State Tax problems, including suspended Drivers Licenses, Passports, Workers Compensation Audits and Premium Disputes.

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If you disagree with the insurance auditor’s assessment, we can file a formal dispute and temporarily stop collections. During this same period, we’ll address the disputed issues and negotiate an acceptable resolution. Call 212.974.3435 for a FREE consultation.