On Tue, 16 Aug 2011, William Donzelli wrote:
Lets be realistic here.
THIS group??
The IRS does not have the manpower to go chase after
someone that is
making a few thousand on the side as a hobby business. They have
bigger fish to catch. And if someone with a little "hobby business"
does get audited, it is extremely easy to bury the profit with
writeoffs.
Actually, some IRS agents consider home businesses and small sole
proprietorships to be "low hanging fruit". They OFTEN audit home
businesses, and some things, such as operation at a home are flags that
significantly increase likelihood of audit. Especially if the business
operates at a loss. (Contrary to internet, there is NOT a "law" that a
business must make a profit 2 years out of every 5, nor any other such
defined limit. Instead, determination of "business" V "hobby" is
very
loosely defined, and to a large extent determined by the whim of the
agent, based on things such as, "is the intent of the enterprise 'to make
a profit'?", "is it conducted with conventional business practices?",
"business type location?", "regular hours?", advertising?,
interaction
with people not already known to proprietor?, etc. with NONE of those
being sole determinator.
The "hobby" V "business", although not readily objectively
determinable,
is VERY important. If there is gross profit, then the IRS wants tax
forms. If there is net profit, then it IS taxable. If there are
recurring losses, the IRS may decide that it is a "hobby businesess" and
disallow any losses or expenses past the gross. A home business is much
more likely to get such restrictions than a big business that might ALSO
operate at a loss for many years, since that is much more clearly "not a
hobby".
I know quite a few people in the US, and even some in
the UK, that
have turned a basement electronics hobby into a business, and somehow
everyone seems to be cool with the government and make money.
In the USA, if the business is making money and paying taxes, very little
else matters. If Al Capone were to have paid his taxes, it might have
become president.