Fred Cisin wrote:
On Wed, 17 Oct 2007 scheefj at
netscape.net wrote:
Grant,
When I was a sole proprietor of a similar business, I was told that the
business had to make money at least once in every three years for the
losses to be deducible from ordinary income.
WHO told you that?
It ain't true, and there have been a few BIG businesses that have had more
than 2 successive years of losses.
BUT, . . .
there is the issue of whether the IRS will believe that it is a business,
not a hobby. IF you always lose money (less than 1 in 3 profitable, or
less than 2 out of 5, etc. depending on the agent), then they are MUCH
more likely to take a look at whether or not they'll believe that it is a
"real" business.
Jerome Fine replies:
Since the original question was with regard to a hobby rather
than an actual business, this information may not be helpful.
However, tax departments tend to regard a profit making venture
as a business. So it is important to document revenue and
expenses to prove that the expenses exceed income where that
is the situation.
The following information is for a company (incorporated) in
Ontario, Canada, so it may not apply to IRS practice in the US.
In addition, a sole proprietor can't (at least in Canada it is
not possible) apply a loss in one year against the next year
whereas an incorporated company has that advantage.
I have been running a company since 1980 and after about
4 profitable years, I made a profit less than half the
time. Around 1998, business picked up again due to Y2K,
but after that, there were at least 5 or 6 years with a loss.
This year (2007) I finally made a profit again, but if the
carry forward losses from previous years exceed the net
profit in 2007, there will not be any tax to be paid.
Sincerely yours,
Jerome Fine
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