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Business or Hobby? Taxes on Revenue or Profit?
by kjbgu04, Window Shopper
- Created: November 25, 2012, 10:05 pm
Hello, I'm in my first year of running a small sole proprietorship as a
photographer, in addition to my regular full-time employment with a private
corporation.
I need more help understanding whether my sole proprietorship constitutes a
business or a hobby, and if a business, whether I should pay taxes on my
revenue or my profit. First, the "Business or Hobby?" question.
There doesn't seem to be a litmus test with a bright-line standard, but
here's how I would answer each of the questions in the IRS publication:
Does the time and effort put into the activity indicate an intention to make
a profit? Yes.
Does the taxpayer depend on income from the activity? No.
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? Occurred in
the start-up phase of the business (this is the first year)
Has the taxpayer changed methods of operation to improve profitability? No.
Does the taxpayer or his/her advisors have the knowledge needed to carry on
the activity as a successful business? Yes.
Has the taxpayer made a profit in similar activities in the past? No.
Does the activity make a profit in some years? N/A - first year
Can the taxpayer expect to make a profit in the future from the appreciation
of assets used in the activity? Yes.
So, based on my answers, am I properly categorized as a business or a hobby?
My total devotion to this "employment" comes to about 4-6 hours per week.
Now, the numbers: My revenue calendar YTD has been $1166.19. My expenses have
been $1551.28, for a loss YTD of $385.09.
Do I owe income tax on my revenue? Can I claim the operating loss as a
business loss? I don't think I owe self-employment taxes since my profit was
less than $400 for the year, right? Last question: If I do owe tax on my
revenue, where does it go in my tax form since I am just a sole proprietor
(not incorporated, etc.)?
Thanks for your time and advice!
Sincerely,
kjbgu04
SBA Community

BizResearcher | Window Shopper | 11/28/2012 - 11:13 am
income taxes. You pay taxes on the net profit, not on gross revenue. If you
intend to keep the business active, you have registered the name, obtained a
sales tax permit and an EIN and opened a business bank account, then you are
a business. You can therefore deduct expenses in excess of income and declare
a loss. However, you cannot do that year after year without raising a red
flag with the IRS. As KMurray, suggests, you may want to visit with a
counselor at a small business development center or a SCORE office in your
area. Their services are free and they can provide guidance.
kmurray | Community Moderator | 11/27/2012 - 4:06 pm
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