In general, taxpayers may deduct ordinary and necessary expenses for conducting a trade or business. An ordinary expense
is an expense that is common and accepted in the taxpayer’s trade or business. A necessary expense is one that is appropriate for the business. Generally, an activity qualifies as a business if it is carried on with the reasonable expectation of earning a profit.
presumes that an activity is carried on for profit if it makes a profit during at least three of the last five tax years
, including the current year.
If an activity is not for profit, losses from that activity may not be used to offset other income
. An activity produces a loss when related expenses exceed income. The limit on not-for-profit losses applies to individuals
, estates, trusts, and S corporations. It does not apply to corporations other than S corporations.
Deductions for hobby activities are claimed as itemized deductions on Schedule A (Form 1040). These deductions must be taken in the following order and only to the extent stated in each of three categories:
•Deductions that a taxpayer may take for personal
as well as business activities, such as home mortgage interest
, may be taken in full.
•Deductions that don’t result in an adjustment
to basis, such as advertising, insurance premiums and wages, may be taken next, to the extent gross income for the activity is more than the deductions from the first category.
•Business deductions that reduce the basis of property
, such as depreciation
and amortization, are taken last, but only to the extent gross income for the activity is more than the deductions taken in the first two categories.
Following article might be helpful in your situation
as it discussed the difference between hobby and business activities.
In order to make this determination, taxpayers should consider the following factors:
•Does the time and effort put into the activity indicate an intention to make a profit?
•Does the taxpayer depend on income from the activity?
•If there are losses, are they due to circumstances beyond the taxpayer’s control or did they occur in the start-up phase of the business?
•Has the taxpayer changed methods of operation to improve profitability?
•Does the taxpayer or his/her advisors have the knowledge needed to carry on the activity as a successful business?
•Has the taxpayer made a profit in similar activities in the past?
•Does the activity make a profit in some years?
•Can the taxpayer expect to make a profit in the future from the appreciation of assets
used in the activity?
Let me know if you need any help.