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What are my chances of being audited? Small e-commerce clothing business with 4 years of losses

I started a small online clothing shop back in 2018 and unfortunately have been operating at a loss every year from 2018-2022 (4 tax years total). My little operation was never huge - highest annual gross revenue was around $47k in 2020. At the beginning of 2022, I finally decided to throw in the towel and shut everything down. I filed my 2022 taxes through TurboTax and indicated that I disposed of my business during that tax year. My big worry is that I've now claimed business losses for 4 consecutive years, and I know there's that "3 out of 5 year" rule for profitability. Does closing the business in the 4th loss year change anything about my audit risk? Or am I basically waving a red flag at the IRS? I'm really concerned about the potential for an audit, but I'm wondering if being such a small operation might work in my favor? Anyone have experience with this situation or insight into what my audit chances actually are?

The good news is that small businesses like yours are generally at lower risk for audit than larger operations. The IRS has limited resources and tends to focus on bigger fish. That said, multiple years of losses can indeed trigger scrutiny, regardless of business size. The "3 out of 5 year" rule you mentioned (Section 183 hobby loss rule) is what the IRS uses to determine if your activity is a legitimate business rather than a hobby. Since you've shown losses for 4 consecutive years, that could potentially raise questions. However, the fact that you've formally closed the business works in your favor. It demonstrates you were legitimately trying to make a profit but ultimately made a business decision to stop when it wasn't successful. Make sure you have good documentation for all your expenses and business activities for those years. Keep in mind that audit rates for small businesses are still quite low overall - less than 1% for most small business returns. Just make sure your deductions are reasonable and you have records to back everything up.

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Nia Williams

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If they do get audited, how far back can the IRS go? All 4 years or just the most recent ones? And would they need to hire a tax attorney or can they handle it themselves if it's such a small business?

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Generally, the IRS can go back 3 years for a typical audit, but if they suspect substantial errors, they can go back 6 years. In rare cases of fraud, there's no time limit, but that doesn't sound applicable in your situation. As for representation, it really depends on the complexity of your business and your comfort level with the process. For a relatively simple small business, many people successfully navigate audits with just their tax preparer's help or even on their own. However, if you're concerned or if the amounts in question are significant relative to your finances, consulting with a tax professional is always a good idea. They understand the process and can often help things go more smoothly.

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Luca Ricci

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After dealing with similar concerns about my side business showing losses, I tried taxr.ai (https://taxr.ai) and it really helped ease my mind. I was worried about the hobby loss rule like you, and their AI analyzed my tax situation and explained exactly what factors the IRS would consider beyond just the "3 out of 5" guideline. The system checks for audit risk factors specific to Schedule C businesses and showed me that small e-commerce businesses with your revenue level actually have a pretty low audit rate. It also helped me understand what documentation I should keep just in case. Worth checking out if you're anxious about this.

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Does it actually tell you your specific audit risk percentage? Like can it say "you have a 2% chance" or something? Or is it more general advice?

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I'm skeptical about any service claiming to predict audit chances. Doesn't the IRS keep their exact selection criteria secret? How could any outside tool actually know your real odds?

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Luca Ricci

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It doesn't give an exact percentage, but it does evaluate your specific situation against known IRS audit triggers and historical audit rates for your business type and income level. It's more like a risk assessment that identifies specific factors in your return that might increase scrutiny. The tool doesn't claim to know secret IRS formulas, but it does incorporate publicly available IRS data on audit rates and enforcement priorities. What I found most helpful was the specific guidance on what documentation I should prioritize keeping based on my particular business activities and deductions. It's definitely more personalized than just general advice you'd find in an article.

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I was skeptical at first about tax assessment tools, but decided to try taxr.ai after seeing it mentioned here. Honestly impressed with how thorough it was for my woodworking business that had similar issues - multiple years of losses before I closed up shop. The analysis confirmed what I suspected - that my audit risk was actually quite low despite the consecutive losses because of my good documentation and the fact I had closed the business properly. The platform identified exactly which deductions might raise flags and suggested additional documentation I should organize. Gave me peace of mind heading into tax season instead of constantly worrying about an audit letter showing up.

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Yuki Watanabe

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If you're really worried about a potential audit, one major problem is actually getting someone at the IRS on the phone to discuss your situation. I was in a similar position and spent WEEKS trying to get through. Finally used Claimyr (https://claimyr.com) and it was game-changing. They got me connected to an actual IRS agent in about 15 minutes when I'd been trying for days on my own. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent I spoke with was actually able to review my account and confirm my closed business status was properly recorded, which gave me huge peace of mind. Much better than wondering if I'd done something wrong. Sometimes just talking to someone official can save you months of anxiety.

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How does this actually work? I don't understand how a third party service can get you through to the IRS faster than calling directly?

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Andre Dupont

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This sounds like complete BS to me. The IRS wait times are the same for everyone. No way some random service can magically jump you ahead in the queue. Probably just taking your money to do what you could do yourself.

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Yuki Watanabe

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It uses technology to navigate the IRS phone system and wait in the queue for you. When they reach a live agent, you get a call back to connect with them. I was skeptical too until I tried it - it uses automated systems to handle the hold time instead of you having to sit there listening to the hold music for hours. Nothing about it jumps you ahead in the queue or gives you special treatment - you're still in the same line as everyone else. The difference is their system waits in that line for you, and you only get connected when there's actually a human available. No different than having a friend call and wait on hold, then text you when someone answers.

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Andre Dupont

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I take back what I said about Claimyr. After my skeptical comment, I actually tried the service because I was desperate to resolve an issue with a missing form. Was shocked when I got connected to an IRS rep in about 20 minutes after spending literal days trying myself. The agent confirmed that businesses with under $50k in revenue that shut down after consecutive losses are very low on their priority list for audits. She even checked my account specifically and said there were no flags. Worth the peace of mind to hear it directly from the IRS instead of worrying about theoretical audit chances.

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Zoe Papadakis

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Don't stress too much about the 3 out of 5 year rule. I ran a craft business with losses for 5 straight years before finally turning a profit in year 6. Never got audited. Make sure you have these things well documented: 1. Business plan showing you intended to make profit 2. Records of marketing efforts 3. Time logs showing regular effort in the business 4. Modifications you made trying to improve profitability 5. Photos/evidence of inventory The hobby loss rule is more about intention and effort than actual results. The fact you formally closed it shows you were treating it as a real business making rational decisions.

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Thanks for that list - it's super helpful! I definitely have most of those things. I did make adjustments to my product line each year trying to find what would sell better, and I have all my inventory records. Would bank statements showing regular business activities be useful too?

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Zoe Papadakis

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Bank statements are definitely useful! The more you can show that you operated like a legitimate business, the better. Separate business accounts, regular patterns of purchasing supplies and inventory, and evidence of sales efforts all demonstrate you were approaching this as a business venture rather than a hobby. Another thing that helps is being able to document specific changes you made to try improving profitability - like switching suppliers, adjusting your pricing strategy, or changing your marketing approach. This shows you were actively working to make the business succeed, which is key to countering any hobby loss concerns.

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ThunderBolt7

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The audit risk stuff is important but don't overlook making sure you handle the business closure properly! When I closed my little consulting business last year, I had to: 1. File final employment tax returns (if you had employees) 2. Issue final W2s/1099s 3. Cancel EIN 4. Close business tax accounts with state 5. Report sale/disposal of business assets 6. Maintain records for at least 7 years Did TurboTax walk you through all these steps?

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Jamal Edwards

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Not who you asked, but TurboTax didn't cover all those steps for me when I closed my business last year. I had to figure out most of the state-specific stuff on my own. Their business dissolution section is pretty basic.

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Zara Perez

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I completely understand your anxiety about this situation! I went through something very similar with my small photography business that had losses for 3 years before I closed it. Here's what helped put my mind at ease: the IRS audit statistics show that Schedule C businesses with gross receipts under $100k have an audit rate of less than 1%. With your highest year being $47k, you're well below that threshold. The key thing about the hobby loss rule is that it's not just about the 3-out-of-5-year test - the IRS looks at nine factors including whether you operated in a businesslike manner, kept good records, and made changes to improve profitability. Since you mentioned you were legitimately trying to run a business and made the rational decision to close when it wasn't working, that actually supports your case. Keep all your documentation organized (receipts, bank statements, inventory records, any business correspondence) just in case, but honestly, your situation sounds very low-risk. The IRS is generally more concerned with larger operations or obvious red flags like claiming massive losses on minimal income.

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This is really reassuring to hear from someone who went through the same thing! I've been losing sleep over this whole situation. Did you ever get any follow-up from the IRS after closing your photography business, or did everything just go smoothly? Also, when you say "keep documentation organized," how long should I realistically expect to hold onto everything? I know you mentioned 7 years in general, but is that really necessary for a small business that's already closed?

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