
10-24-2005, 10:06 AM
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$ Saving College Senior
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Join Date: Sep 2004
Location: In My Office
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Re: How long for profit?
Let's just settle this by going to the evil source itself:
Quote:
Not-for-Profit Activities
If you do not carry on your business or investment activity to make a profit, you cannot use a loss from the activity to offset other income. Activities you do as a hobby, or mainly for sport or recreation, are often not entered into for profit.
The limit on not-for-profit losses applies to individuals, partnerships, estates, trusts, and S corporations. It does not apply to corporations other than S corporations.
In determining whether you are carrying on an activity for profit, several factors are taken into account. No one factor alone is decisive. Among the factors to consider are whether:
1. You carry on the activity in a businesslike manner,
2. The time and effort you put into the activity indicate you intend to make it profitable,
3. You depend on the income for your livelihood,
4. Your losses are due to circumstances beyond your control (or are normal in the start-up phase of your type of business),
5. You change your methods of operation in an attempt to improve profitability,
6. You, or your advisors, have the knowledge needed to carry on the activity as a successful business,
7. You were successful in making a profit in similar activities in the past,
8. The activity makes a profit in some years, and
9. You can expect to make a future profit from the appreciation of the assets used in the activity.
Presumption of profit. An activity is presumed carried on for profit if it produced a profit in at least 3 of the last 5 tax years, including the current year. Activities that consist primarily of breeding, training, showing, or racing horses are presumed carried on for profit if they produced a profit in at least 2 of the last 7 tax years, including the current year. The activity must be substantially the same for each year within this period. You have a profit when the gross income from an activity exceeds the deductions.
If a taxpayer dies before the end of the 5-year (or 7-year) period, the “test” period ends on the date of the taxpayer's death.
If your business or investment activity passes this 3- (or 2-) years-of-profit test, IRS will presume it is carried on for profit. This means the limits discussed here will not apply. You can take all your business deductions from the activity, even for the years that you have a loss. You can rely on this presumption unless the IRS later shows it to be invalid.
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In Summary, VJW was talking about the presumption that the IRS must make if you have shown profit 3 of the past 5 years (or 2/7 w/ the whole breeding thing) that you are operating a business. If you've done that, you don't need to worry about the numbered stipulations cited above.
To the telecommunications deal, that issue is resolved w/ the bolded text. It doesn't apply to corporations.
Source: http://www.irs.gov/publications/p535/ch01.html#d0e809
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