Can a Single Member LLC with no income use losses to offset my W-2 earnings?
I'm in a bit of an unusual situation that I'm hoping someone can help clarify. I work for a company as a W-2 employee where I get a percentage of fees for clients I bring in. My employer is cool with me marketing myself to attract new clients for the company. Based on this setup, I've been paying contractors to manage my social media, build a website, and handle SEO to increase my client base, which ultimately boosts my W-2 income from my employer. On the advice of my personal accountant, I set up a single member LLC to work with these contractors. Right now, the LLC is operating at a loss since I'm paying these contractors, but the marketing generates leads that become clients for my employer, which increases my W-2 income. My accountant explained that as a disregarded entity, the LLC losses can offset my W-2 income on my taxes. Long term, I'm hoping the marketing efforts will bring in enough clients that I could eventually leave my W-2 position and take those clients directly under my LLC. But for now, I'm just using it to boost my current income. The question I have is: Will I run into any tax issues if my single member LLC never actually generates its own direct income and just continues operating at a loss while indirectly increasing my W-2 earnings?
18 comments


The Boss
This is actually a concerning situation from a tax perspective. What you're describing sounds like it could be classified as a hobby rather than a business in the IRS's eyes, especially if it continues to generate losses year after year with no direct income. For a business activity to be legitimate in the eyes of the IRS, it needs to have a profit motive and be engaged in with continuity and regularity. If your LLC consistently shows losses with no direct revenue, the IRS might determine it's not a genuine business activity and disallow those losses against your W-2 income. The fact that you're using the LLC expenses to indirectly increase your W-2 income rather than generate direct business income could be problematic. The IRS typically looks for businesses to show a profit in at least 3 out of 5 consecutive years to avoid the hobby loss rules. I'd recommend documenting your business plan showing your intention to eventually transition to serving these clients directly through your LLC. Keep detailed records of how your marketing activities connect to specific clients and income, and perhaps consider having the LLC bill your employer directly for marketing services to establish a clearer business purpose and income stream.
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Evan Kalinowski
•But wait, isn't there something called the "hobby loss rule" that might apply here? Also, would the IRS care if the LLC is actually generating business leads that clearly translate to increased W-2 income, even if the LLC itself isn't collecting that income? I'm in a somewhat similar situation and trying to figure out if I need to restructure things.
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The Boss
•Yes, that's exactly the concern I was highlighting - the hobby loss rule. The IRS generally expects a business to show a profit in 3 out of 5 consecutive years (2 out of 7 for certain activities) or they may classify it as a hobby. When classified as a hobby, you can't use those losses to offset other income like W-2 wages. The IRS likely wouldn't recognize the connection between your marketing expenses and increased W-2 income as a legitimate business structure. They would typically expect the entity incurring the expenses to also receive the income directly. They'd view this as you trying to deduct personal expenses used to increase your employment income, which generally isn't allowed.
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Victoria Charity
After struggling with a similar situation last year, I found https://taxr.ai super helpful for sorting out my LLC issues. My accountant gave me confusing advice about deducting losses from my single-member LLC against my regular income, and I wasn't sure what was legitimate. I uploaded my docs and got a clear explanation that I needed to establish a genuine profit motive and business purpose for my LLC to deduct those losses. They pointed out specific IRS guidelines about hobby losses and helped me understand how to properly document the connection between my business activities and income potential. The site showed me exactly which parts of my business plan needed strengthening to satisfy IRS requirements and identified some deductions I was missing. They also explained how to properly categorize my expenses on Schedule C to reduce audit risk.
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Jasmine Quinn
•How exactly does this work? Do you talk to a real person or is it just some AI thing that analyzes your documents? I've got a somewhat similar situation with real estate investments running through an LLC while I still have W-2 income.
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Oscar Murphy
•I'm pretty skeptical of these online tax services. How is this different from just talking to a CPA? And did they actually help you establish your LLC as a legitimate business that could offset your W-2 income, or just tell you it wasn't possible?
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Victoria Charity
•You upload your documents and their system analyzes them, but there are actual tax professionals reviewing the results. It's not just an AI giving generic advice - you get specific guidance for your situation based on your actual documents. For real estate investments through an LLC, they'd be able to help clarify whether your activities qualify as passive or active and how that affects your ability to offset W-2 income. Real estate has some specific rules that are different from other businesses. They didn't just tell me it wasn't possible - they actually helped me structure my business activities properly so I could legitimately deduct expenses. They identified specific documentation I needed to maintain and suggested making certain changes to how I operated to clearly establish profit motive.
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Oscar Murphy
I want to follow up on my skeptical comment above. I decided to try https://taxr.ai after continuing to struggle with my LLC tax situation. I was surprised how helpful it actually was for my situation. My LLC was also operating at a loss while I earned W-2 income, and I was worried about the hobby loss rules the other commenters mentioned. The service helped me understand that I needed to establish a clear connection between my business activities and potential profits. They reviewed my situation and helped me create proper documentation of my business plan, including projected timeline to profitability. They also suggested I restructure some of my activities so the LLC could directly bill for services rather than just supporting my W-2 role. What impressed me most was the specific guidance on which deductions were legitimate for my situation and how to properly document everything to reduce audit risk. Definitely worth checking out if you're in a complicated LLC situation.
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Nora Bennett
I had a similar tax situation last year and spent WEEKS trying to get through to the IRS to get clarification. After waiting on hold for hours multiple times, I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. It lets you skip the IRS phone wait by having them call you when an agent is ready. I was able to speak directly with an IRS agent who confirmed that my single-member LLC needed to have a legitimate profit motive to deduct losses against W-2 income. The agent explained that regularly incurring losses without direct revenue could trigger the hobby loss rules, but also gave me specific guidance on how to document my business purpose and future profit plans. The best part was I didn't waste hours on hold - I just went about my day until they called me when an IRS agent was ready. Saved me so much frustration and I got official clarification directly from the source.
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Ryan Andre
•That sounds too good to be true. The IRS phone system is notoriously impossible to navigate. How does this service actually work? And did talking to the IRS actually help with your LLC situation? I'm dealing with something similar and can't get a straight answer from anyone.
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Lauren Zeb
•I'm extremely doubtful this is legit. The IRS is essentially unreachable these days. Are you saying this service somehow magically gets through when millions of people can't? And even if you did reach someone, most IRS phone reps give very generic advice rather than specific guidance on complex situations like LLC losses offsetting W-2 income.
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Nora Bennett
•It's not magic - they use technology to continuously dial the IRS until they get through, then they call you once an agent is on the line. It's basically like having someone wait on hold for you. There's nothing sketchy about it - you still talk directly to an official IRS representative. Yes, talking to the IRS was incredibly helpful. The agent I spoke with explained the specific factors they look at when determining if a business has a genuine profit motive versus being a hobby. They told me exactly what documentation I needed to maintain and how many years of losses might trigger additional scrutiny.
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Lauren Zeb
I have to apologize for my skeptical comment above. After continuing to hit dead ends trying to reach the IRS myself, I broke down and tried the Claimyr service from https://claimyr.com. I was genuinely shocked when I got a call back about 45 minutes later with an actual IRS agent on the line. I explained my situation with my LLC showing losses while supporting my W-2 position, and the agent provided really helpful guidance. The agent explained that I needed to demonstrate that my business activities were engaged in with a genuine profit motive, even if they currently result in losses. They directed me to specific IRS publications that outline the nine factors they use to determine if an activity is a business or hobby, and suggested I keep detailed documentation showing how my business decisions are aimed at eventually generating profit. What a relief to finally get clear information! Definitely worth it after spending weeks trying to get through on my own.
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Daniel Washington
This sounds a lot like what the IRS calls "not engaged in for profit" activities. I'm not a tax pro, but I've dealt with this. To be blunt, I think your accountant's advice is questionable. The key issue is whether your LLC has a genuine profit motive as its primary purpose. The fact that you're using it to increase your W-2 income rather than generate its own profit is problematic. The IRS usually expects to see a profit in 3 out of 5 consecutive years. You might want to consider restructuring this arrangement - maybe have your LLC bill your employer directly for the marketing services? That would establish a clearer business purpose and direct income stream.
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Aurora Lacasse
•Would it make a difference if OP created detailed documentation showing that the business plan is to eventually transition to serving clients directly? Like showing a 3-5 year plan with projections for when the LLC would start generating its own income? I'm wondering if having that kind of evidence of profit motive would help.
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Daniel Washington
•Yes, having detailed documentation would definitely help. The IRS looks at nine factors when determining if an activity is engaged in for profit, and one of those is whether you operate in a businesslike manner with complete and accurate records. A formal business plan with realistic projections showing a path to profitability is great evidence of profit motive. Also helpful would be documentation showing how specific marketing activities connect to potential future income. Just make sure the plan is realistic and that you're actually following it - the IRS will be skeptical of plans that seem designed just to justify tax deductions.
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Anthony Young
I think everyone is missing that this is actually a Schedule C issue, not really an LLC issue. Since a single-member LLC is a disregarded entity, you're filing a Schedule C with your personal return. The real question is: can you deduct these business expenses on Schedule C when they're indirectly increasing your W-2 income rather than generating Schedule C income? The answer is complicated. You'd need to prove you have a legitimate business (not a hobby) with a clear profit motive. The fact that you intend to eventually serve these clients directly might help establish that. But I think there's a more immediate problem: the expenses you're incurring need to be ordinary and necessary for YOUR business. If your business doesn't have income yet, the IRS might question how these expenses are necessary for a non-existent business rather than just supporting your employment.
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Charlotte White
•That makes sense. So what if OP restructured to have the LLC provide marketing services directly to their employer? Would that create a cleaner separation and establish the LLC as a legitimate business with its own income stream?
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