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Tuesday, January 16 News

Money Matters / Your hobby or business and the IRS

If you make money from activities in addition to your primary job, you need to be aware of the tax implications of this secondary source of income. These will vary depending on whether the activity is treated as a hobby or a business.

In either case, the income generated by your activity is taxable. But different rules apply on how income and related expenses are reported.

Factors to consider

The IRS has identified several factors that should be considered when making the hobby vs. business distinction. The greater the extent to which these factors apply, the more likely your activity will be considered a business:

The time and effort you devote to the activity indicate that you intend to make it profitable and you depend on income from the activity for your livelihood.

Your losses (if any) are due to circumstances beyond your control or they took place in the start-up phase of the business.

You change your methods of operation to improve profitability.

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

You previously made a profit in similar activities, or your activity makes a profit in some years.

You can expect future profit from the appreciation of assets used in the activity.

The IRS stresses that the final determination should be based on all of the relevant facts and circumstances related to your activity.

Limitations for hobby deductions

If the activity is a hobby, you’ll still generally be allowed to deduct ordinary and necessary expenses associated with it. But you can deduct hobby expenses only up to the total amount of the hobby’s income.

That is, if you have a loss from the hobby, you won’t be able to deduct it from your other income. In fact, having a money-losing hobby could actually increase your taxable income. How? You must report all income from your hobby —but, to the extent allowed, deductions are itemized. Conversely, if you don’t itemize you’ll be unable to use the expenses to offset the income.

If, instead, the activity is considered a business, you can deduct a loss from your other income in the same tax year or even carry that loss back to a previous tax year or forward to a future tax year.

Tax matters can be complex and this is not intended as advice. To avoid running afoul of the IRS, consider discussing your secondary income tax liability with a qualified professional.

Norm Grill, CPA, (N.Grill@GRILL1.com) is managing partner of Grill & Partners, LLC (www.GRILL1.com), certified public accountants and consultants to closely held companies and high-net-worth individuals, with offices in Fairfield and Darien, 254-3880.

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