• General Rule: Deductibility of losses is limited by the Hobby Loss rules only when the activity does not qualify as an activity engaged in for profit. A taxpayer must use Schedule C to report income and expenses from an activity qualifying as a business. An activity is a business when
  • The primary purpose is to gain income or profit and
  • The taxpayer is involved in the activity with continuity and regularity.
• While the Regulations do not require a reasonable expectation of profit, the facts and circumstances must indicate that the taxpayer entered into the activity or continued the activity with the objective of making a profit it to be a “for-profit” business. This is objectively determined by weighing of factors. While there are many factors listed in the Regulations and IRS publications, the following appear to be the most critical:

1) Making a profit from the activity in the past
2) Time and effort put into activity indicate an intention to make a profit
3) If there are losses, they were due to circumstances beyond your control or they occurred in the start-up phase of the business
4) Changing methods of operation to improve profitability
5) Having the knowledge needed to carry on the activity as a profitable business

• Regardless of the above factors, an activity will be presumed “for-profit” by the IRS if the activity makes a profit in at least 3 of the last 5 tax years (including the current tax year).
• If the activity is for-profit, then :
  • The expenses are not subject to the Hobby Loss Rules.
  • The income and expenses are reported as normal (i.e, on Schedule C).

• If the activity is NOT for-profit, then:
  • The expenses are reported on Schedule A.
  • Expenses are subject to the special Hobby Loss Rules below.

Hobby Loss Rules:

General Rule: taxpayer can only deduct expenses from a not-for-profit activity to the extent of gross income of that activity. Expenses cannot be applied to income from any other activity.