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May 22, 2024
Question

Operating Loss

  • May 22, 2024
  • 2 replies
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When submitting my 2023 return a note came about indicating that if I operated at a loss the IRS will consider my business a hobby.  How long have I to show a profit before this happens?

Thanks

2 replies

Employee
May 22, 2024

See https://www.irs.gov/newsroom/know-the-difference-between-a-hobby-and-a-business

 

and

 

https://www.irs.gov/pub/irs-news/fs-08-23.pdf

 

An activity is presumed for profit if it makes a profit in at least three of the last five tax years, including the current year (or at least two of the last seven years for activities that consist primarily of breeding, showing, training or racing horses).

May 22, 2024

A key consideration for the IRS is:  Is the activity profitable in some years?  Also. could the activity become profitable even though it is a highly speculative venture.

If the activity appears to be for personal enjoyment and not to make a profit, the IRS can challenge the claiming of losses.

The IRS gives guidance on the difference between a business and a hobby here:

https://www.irs.gov/newsroom/know-the-difference-between-a-hobby-and-a-business