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Taxes General Forum - Tax professionals meeting place and answers to queries. (Moderated)
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Posted by Bill Brown on July 17, 2009, 12:25 pm
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"The surest way to reduce your taxes is to convert personal
expenditures into allowable deductions. Turn even a hobby into a
business and you'll cut your tax bill."
Are any shortcomings in the above mitigated by this sentence?
"All you have to do is establish a 'profit motive.'"
Thanks for any comments.
Regards,
Bill
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Posted by Stuart A. Bronstein on July 17, 2009, 12:38 pm
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> "The surest way to reduce your taxes is to convert personal
> expenditures into allowable deductions. Turn even a hobby into a
> business and you'll cut your tax bill."
>
> Are any shortcomings in the above mitigated by this sentence?
>
> "All you have to do is establish a 'profit motive.'"
You have to show more than merely a profit motive. You have to show
that you are realistically taking efforts to make a profit. I can
play race cars with the "motive" of making money by making quick
deliveries for people. But if I don't have the proper business
infrastructure, if I don't take reasonable steps to market my service
in a way that would generate net income, it's still a hobby.
Stu
--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>
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Posted by paultry on July 17, 2009, 12:46 pm
Please log in for more thread options Bill Brown wrote:
> "The surest way to reduce your taxes is to convert personal
> expenditures into allowable deductions. Turn even a hobby into a
> business and you'll cut your tax bill."
>
> Are any shortcomings in the above mitigated by this sentence?
>
> "All you have to do is establish a 'profit motive.'"
>
> Thanks for any comments.
>
> Regards,
> Bill
>
If the hobby was turned into a business with a profit
motive, the expenditures would no longer be personal. The
concept that "personal expenditures" can be legitimately
converted into allowable deductions is deceptive.
--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>
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Posted by Mark Bole on July 17, 2009, 1:37 pm
Please log in for more thread options paultry wrote:
> Bill Brown wrote:
>> "The surest way to reduce your taxes is to convert personal
>> expenditures into allowable deductions. Turn even a hobby into a
>> business and you'll cut your tax bill."
>>
>> Are any shortcomings in the above mitigated by this sentence?
>>
>> "All you have to do is establish a 'profit motive.'"
> If the hobby was turned into a business with a profit motive, the
> expenditures would no longer be personal. The concept that "personal
> expenditures" can be legitimately converted into allowable deductions is
> deceptive.
For one thing, even with a business the expenditures still have to be
"ordinary and necessary" in order to be deductible.
-Mark Bole
--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>
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Posted by Alan on July 17, 2009, 4:09 pm
Please log in for more thread options Bill Brown wrote:
> "The surest way to reduce your taxes is to convert personal
> expenditures into allowable deductions. Turn even a hobby into a
> business and you'll cut your tax bill."
>
> Are any shortcomings in the above mitigated by this sentence?
>
> "All you have to do is establish a 'profit motive.'"
>
> Thanks for any comments.
>
> Regards,
> Bill
>
Taxpayers and the IRS both wield a two-edged sword on this issue.
There are times when the taxpayer wants a hobby (an activity not
engaged in for profit) to be treated as a business in order to
increase deductions and there are times when a taxpayer wants a
business to be treated as a hobby to avoid paying self-employment
taxes. The IRS has the same desires. I.e., they either want your
profit activity treated as a business (Off Line 21 and onto a
Schedule C/C-EZ) to increase taxes or they want your activity
treated as a hobby to eliminate your Schedule C/C-EZ deductions.
IRC Section 183 and its regulations contain the rules for
determining when one has a business or a not for profit activity.
Reg. 1.183-2 contains the facts and circumstances tests that are
used by the IRS. You can read the Reg. at:
http://www.taxalmanac.org/index.php/Treasury_Regulations%2C_Subchapter_A%2C_Sec._1.183-2
Section 183(d) of the IRC has the IRS presumption test.
http://www.taxalmanac.org/index.php/Internal_Revenue_Code:Sec._183._Activities_not_engaged_in_for_profit
--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>
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