"Hobby" loss

jhamlin

Seasoned Expediter
Years ago I was told by an IRS agent that your business would be considered a "hobby" if you showed a loss for 3 years running. And that would mean entirely different rules. My question is whether this would apply to my expediting business, since I show a loss for the 3rd time in a row.
 

runrunner

Veteran Expediter
If I understand all this correct, last thing you want is your business to be considered a hobby.
 

Fkatz

Veteran Expediter
Charter Member
Hi all, This has been a problem for quite a few years, the IRS legal explanation is you must make a profit within the first 5 years, not 3, they do not care if you make a $1.00 its still a profit, but it must be shown in the last 2 years of business startup. Basically as long as you have the written proof that you were in business it will not be considered a "hobby", But again you MUST PROVE IT TO THEM THAT IT IS A BUSINESS. Most of you who own cargo vans have been taking the Standard Mileage Deduction, which must be proved that you are "NOT FOR HIRE". Which depends on the company you are leased to. In the contract you signed it must state that your vehicle is for 'EXCLUSIVE USE OF THE LEASING COMPANY" If that is not stated, the mileage deduction really cannot be used. and Actual expenses will be complete on all return which will probably be AMENDED showing the change in Expense. If you prove otherwise the mileage deduction will stand and will not be disallowed, which means perfect mileage logs showing the the shipper, receiver on a daily basis, plus the actual miles from the truck stop to the pick-up to the delivery, to the truck stop where you plan to stay for your next load, and then you must start over again with that for each and every load. that is what the IRS is Checking. If you use some kind of ledger showing everything for each load, you are in compliance, if you enter only the business mileage and not the total miles for the year they will not honor the deduction in an audit, nor your Per Diem deduction. that proof showing that information will basically allow all the deductions. but you have to remember that if you use the mileage deduction you cannot also deduct Fuel, Repairs & maintenance, Parts, tires, Insurance (Liability/Collision/Bobtail/or Cargo)additional Engine Oil,. license plates renewals and fees. You can still deduct scales, additional fluids ( all addtives (diesel Power, Lucas Oil treatment, Injector cleaner etc) If you have any other questions please do not hesitate to ask. REMENBER IF YOU NEED AN EXTENSION TO FILE DO IT NOW, AND DON'T WAIT UNTIL THE LAST MINUTE, FILING AN EXTENSION IS PLAYING IT SAFE TO SAVE IF YOU OWE ANY TAX A 22-25% TAX PENALTY SURCHARGE, AND REMEMBER IF YOU STILL OWE TAXES WHEN YOUR READY TO FILE, INTEREST AND PENALTY IS STILL ADDED TO THE BALANCE OWED. [h=1]Franklin Katz, ATP, PA, PB[/h][h=1]Frank's Tax & Business Service[/h][h=1]315 E. King St.[/h][h=1]Kings Mountain, NC 28086[/h][h=1]704-739-4039 [/h][h=1]E-Mail: [email protected])[/h][h=1]Web: www.prep.1040.com/frankstax[/h][h=1]
Circular 230Disclaimer[/h]Circular230: To ensure compliance with the requirements imposed by the IRS, we inform you that any tax advicecontained in our communication (including any attachments) was not intended orwritten to be used, and cannot be used, for the purpose of (i) avoiding any taxpenalty or (ii) promoting, marketing or recommending to another party anytransaction or matter addressed herein.

Our advice in our communication is limited to the conclusions specifically setforth herein and is based on the completeness and accuracy of the facts andassumptions as stated. Our advice may consider tax authorities that are subjectto change, retroactively and/or prospectively. Such changes could affect thevalidity of our advice. Our advice will not be updated for subsequent changesor modifications to applicable law and regulations, or to the judicial andadministrative interpretations thereof.

Legally privileged and/or confidential information may be contained in ourcommunication; it is intended exclusively for the addressee. Opinions,conclusions and other information expressed in our communication are subject tothe terms and conditions expressed in the governing client engagement letter.If you are not the addressee (or designated representative) indicated in thismessage, you may not disclose, copy, or distribute this message to anyone.Action taken or omitted based on our communication is prohibited and may beunlawful.


 
Top