What happens if my sole proprietorship shows a loss year after year with the IRS?
So I've been talking with my accountant about catching up on some past due tax returns for my small business. My accountant suggested we should show a small profit "to make the IRS happy." With penalties, fees, and state returns this could end up costing me around $5,300. That's definitely not small change for me right now. Here's my concern - I'm not hiding income or fudging any numbers, so what am I really worried about? My business legitimately didn't make money those years. But I am worried about this potentially costing me even more money down the road. I'm actually turning a profit now because I've cut back drastically on storage costs and stopped buying so much new inventory. But what's the worst case scenario for those previous loss years? I know the IRS can potentially classify my business as a "hobby" and reject the losses, but what happens then? Do we just write a letter to appeal, or does this turn into some nightmare where I have to go to tax court? I really don't want to spend $13,000 later trying to fix this mess. Anyone have experience with multiple years of Schedule C losses and how the IRS handled it?
19 comments


Zara Mirza
While your CPA might be trying to protect you, artificially showing a profit when you actually had losses isn't the right approach. The IRS does scrutinize businesses with multiple years of losses, but having legitimate losses isn't illegal. What matters is whether your business activities qualify as a business rather than a hobby. The IRS looks at several factors: do you maintain proper books? Do you depend on this income? Have you made changes to improve profitability (which you have by reducing storage/inventory costs)? Do you have expertise in this area? Do you reasonably expect to make a profit in the future? The fact that you're profitable now is actually a strong point in your favor. It shows you made business adjustments to become profitable - that's what real businesses do. If the IRS did challenge your losses, they'd typically send a notice asking for more information. You'd respond with documentation showing your business intent and activities. Most of these cases are resolved through correspondence without tax court. While the burden of proof is on you, good documentation of business activities and intentions goes a long way.
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Sean Kelly
•Thanks so much, that's really helpful! I'm definitely trying to run this as a legitimate business, not a hobby. I keep detailed records, have a separate business bank account, and made those changes specifically to become profitable. If they did challenge the losses from previous years, would I have to pay taxes on the "disallowed" losses even though I really did spend that money on the business?
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Zara Mirza
•If the IRS disallowed your business losses, you would not be able to deduct those business expenses against your other income. So yes, your taxable income would increase for those years, resulting in additional tax due plus potential penalties and interest. For example, if you reported $10,000 in business losses that offset $10,000 in other income, and the IRS later classified it as a hobby, you'd owe taxes on that additional $10,000 of income. However, you might still be able to claim some of the expenses as itemized deductions, though with more limitations.
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Luca Russo
After struggling with similar issues for my handmade jewelry business, I found https://taxr.ai incredibly helpful. I had 3 straight years of losses while building my business, and my previous accountant was telling me the same thing about "making the IRS happy" with artificial profits. The tool analyzed my business documentation and expenses to help demonstrate I was operating with a profit motive, not just an expensive hobby. It helped me understand exactly which IRS rules applied to my situation and what documentation would best support my case. They even helped me prepare responses to potential IRS questions about the sustained losses. In the end, I filed accurately showing my actual losses, but with much better documentation of my business intentions and activities. I'm finally profitable now in year 4, but having that proper paper trail for the loss years gave me peace of mind.
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Nia Harris
•How exactly does the tool work? Does it just give general advice or does it actually help with specific documentation for your business type? I'm in a similar situation with my photography business and now I'm worried.
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GalaxyGazer
•I'm a bit skeptical about online tools for this kind of issue. How does it compare to just hiring a second opinion from another CPA who specializes in small businesses? I've heard horror stories about automated tax tools giving one-size-fits-all advice.
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Luca Russo
•The tool actually analyzes your specific business situation and documentation. You upload your records, and it identifies strengths and weaknesses in how you've documented your business intent. For example, it flagged that I needed better documentation of my marketing efforts and business plan changes to show I was trying to become profitable. Compared to another CPA, I found it more thorough for my specific situation regarding hobby loss rules. It's not a replacement for professional advice, but it provided a framework for organizing evidence of business intent that my new accountant found extremely helpful. The biggest difference was it focused on documentation strategy, not just tax calculations.
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Nia Harris
I just wanted to follow up - I tried https://taxr.ai after seeing the recommendation here. My photography business had losses for 3 years and I was getting nervous about an audit. The analysis was seriously eye-opening! It identified several weaknesses in how I'd been documenting my business activities. For example, I hadn't properly tracked how I was adjusting my business model over time to improve profitability. The tool helped me create a proper timeline of business decisions that demonstrated my profit motive. It also found I was missing formal documentation of expertise (workshops, courses, mentoring) that would help prove this wasn't just an expensive hobby. I've completely reorganized my business records based on the recommendations, and my new accountant says I'm in a much stronger position if the IRS ever questions those loss years. Worth every penny for the peace of mind alone!
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Mateo Sanchez
I've been there with the IRS challenging my business losses. After trying to call the IRS for MONTHS to resolve the issue (literally could not get through), I found https://claimyr.com and used their service to get an IRS callback. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was honestly shocked when I got a call from an actual IRS agent within a day. The agent walked me through exactly what documentation they needed to verify my business wasn't just a hobby. Having that direct conversation saved me from going back and forth with generic letters for months. The agent explained that they look for a profit in at least 3 out of 5 consecutive years (though this isn't a hard rule). Since I could show I'd made significant changes to my business model and was now profitable, they accepted my explanation for the previous loss years.
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Aisha Mahmood
•How does this service actually work? They somehow get you to the front of the IRS phone queue? That sounds too good to be true considering I've spent HOURS on hold only to get disconnected.
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Ethan Moore
•Sounds like a scam to me. Nobody can magically get the IRS to call you back when millions of people are trying to reach them. And even if you did get through, why would they suddenly accept your losses when they've already flagged your return?
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Mateo Sanchez
•The service uses a system that continually redials the IRS using their automated phone system until it gets through, then it reserves your spot in line and has the IRS call you back. It's completely legitimate - they're just using technology to handle the tedious redial process. Getting through to the IRS didn't automatically resolve my case, but it allowed me to speak directly with someone who could tell me exactly what documentation they needed instead of guessing. The agent actually explained which specific factors they consider when evaluating whether a business with losses is legitimate. Having that conversation early in the process saved me from submitting incomplete documentation or heading down the wrong path.
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Ethan Moore
I need to eat my words from my previous comment. After my skepticism, I tried https://claimyr.com out of desperation when I received a notice questioning my business losses. I was literally shocked when I got a call from the IRS the next day. After months of trying to get through on my own, I was able to speak directly with someone who reviewed my case. The agent walked me through exactly what they were looking for to substantiate my business versus hobby classification. The key factor that helped me was having documentation of changes I made to improve profitability - exactly like the original poster mentioned about reducing storage costs and inventory purchases. The agent explained they look for these kinds of adaptations as evidence of a profit motive. Instead of a potentially lengthy audit process, I was able to resolve everything in that call and one follow-up with additional documentation. Saved me months of stress!
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Yuki Kobayashi
The "3 out of 5 years" profit rule that people mention is actually a "safe harbor" provision, not an absolute requirement. If you meet it, the IRS presumes you're running a business. If you don't, you can still prove business intent through other factors. I went through this exact issue with my craft business. I had 4 years of losses before becoming profitable. When questioned, I provided: 1. Business plan and revisions showing how I adapted 2. Marketing efforts and expansion of sales channels 3. Detailed profit and loss statements 4. Evidence of industry expertise (classes, certifications) 5. Documentation of time spent on business activities The case was resolved in my favor without ever going to tax court. Most of these cases are handled through correspondence audits. Your CPA suggesting you manipulate the numbers is concerning - accuracy is crucial when dealing with the IRS.
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Sean Kelly
•Thanks for this detailed information! I've definitely been adapting my business approach to become profitable. Did you handle the IRS correspondence yourself or did you need professional help?
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Yuki Kobayashi
•I started handling it myself but ended up hiring a tax professional who specializes in small businesses when it became clear the IRS was seriously questioning my business classification. It was worth the investment because they knew exactly what documentation would be most persuasive. The most important thing was having contemporaneous records - meaning documentation created during the actual business operations, not reconstructed later. Regular business planning documents, marketing strategies, and detailed expense records created during those loss years were extremely valuable in demonstrating business intent.
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Carmen Vega
Has anyone used TurboTax to file Schedule C with multiple years of losses? I'm wondering if certain tax software might flag this issue differently or provide better guidance.
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QuantumQuester
•I used TurboTax for 3 years of business losses and it didn't provide any special warnings about hobby loss rules. It just asked standard Schedule C questions. When I switched to a real accountant, she pointed out several red flags in how I'd been documenting my business that TurboTax never mentioned.
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Carmen Vega
•That's really helpful to know! I've been using TurboTax too but maybe I should consider getting professional help if I'm worried about the hobby loss rules. The software definitely doesn't seem to dig into the documentation aspects that everyone's mentioning here.
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