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And that’s where some special federal income-tax rules come into play. For tax deduction purposes, it makes a difference whether an activity is considered a true business or only a hobby. If It’s a Business If your activity qualifies as a business, your business expenses will be deductible, even if they exceed your income from the activity. Not only will the expenses reduce your business income, if you don’t turn a profit, you may deduct the net operating loss, within tax law limits. Hobby Deductions Are Limited You also may deduct various expenses associated with pursuing a hobby, but generally only to the extent of your hobby income and only as miscellaneous expenses. You have to itemize deductions on your tax return to claim a deduction for miscellaneous expenses. And only the amount of expenses that, in the aggregate, exceeds 2% of your adjusted gross income is deductible. The IRS’s View Basically, a hobby is an activity that is not engaged in for profit. The IRS will presume that your activity is carried on for profit — and therefore is a bona fide business — if it shows a profit in three of the past five years (two out of seven years if your activity consists primarily of breeding, showing, training, or racing horses). If that isn’t the situation, more subjective factors are considered.
If it looks like you are only trying to secure a tax benefit from deducting losses, the chances are good that the IRS will consider your activity a hobby, not a business.
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