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Originally Posted by adam7731 you got 3-5 years to try and turn some kind of profit. Just as long as you are bring in money then you can say it's a business and deduct your expenses. If there is no attempt to make money then you cant deduct the expenses because its a hoppy.
Photography is one of the top proffessions to get flagged by the IRS because of the hobbist trying to say he is a business to get the dectuions.
CPA good... best money i spend every year. |
The 3-5 year rule is only used to determine who has to prove whether it is a business or not. If you show a profit three out of five years then it is presumed to be a business. It still may be a hobby but the burden of proof is then on the IRS. If it does not show a profit then it is on the taxpayer to prove it is not a hobby. Below is a perfect example directly from my tax research package.
Example—Weekend Photographer
T is employed full time as a computer programmer. T is also an enthusiastic photographer who often takes pictures for a fee at weddings, birthdays, and other ceremonies. For 2000, T had revenues of $1,000 and expenses of $1,500 from his photography. T also had a small net loss from his photography in 1996, but there were small net gains in 1997, 1998, and 1999. T enjoys a rebuttable presumption that he is engaged in photography to earn a profit, and, unless the IRS can establish that he is not, he may deduct the expenses of the activity, even in excess of the related income for the taxable year.
As adam said, talk to your CPA because the rules can become very complicated regarding what is required for a business.
My photography skills are not yet at the level where I feel I can contribute there, so maybe this will compensate to some extent the knowledge I have gained from all of the fine potographers on this site.
Now, since it is tax season, I better get back to work or I may have to rely on my camera to make a living. And I like to eat way to much to go there.
