When your expenses exceed your revenues from your side business, the natural inclination may be to declare the loss on your tax return and offset it against income from other sources. However, the IRS may contest that this is not really a side business, but is instead, a hobby and thus would disallow the loss.
If your business did not produce any net profits in 2 out of the past 5 years, the IRS might deem it a hobby and disallow any deductions for expenses caused by the business, from your income from other businesses. If you are dealing with horse breeding, horse racing and horse showing, the period in which you have to show profit is extended to 7 years.
So what happens if the number of years that you incur a loss exceeds the time period above? Here are some of the things that will prove that you have a business, not a part-time hobby:
• Keeping good records and conducting the activity in a business-like manner.
• Having expertise in the field, or hiring other people who do.
• Spending a substantial amount of time on the business to justify the idea that the business is indeed a business and not a hobby.
• Your losses have been caused by unusual events as opposed to foreseeable ongoing losses.
• Financial status – The IRS assumed that wealthy people can absorb ongoing losses, which indicates that what they have is a hobby, while ordinary people are usually trying to make a profit, indicating a business.
• What is the portion of your personal pleasure from the business? If you have a fishing boat, for example, you may derive more pleasure from it, especially if you operate it by yourself and use in only in the weekends. That is indicative of a hobby. But if your side business involves clearing septic tanks, even the IRS agrees it is not a pleasurable task, and so you can claim it as a business.
Do your homework and carefully plan to demonstrate that your business is real and not merely a disguised hobby.