What principal business activity code should I use on Form 1065 for my indie video games company?
I'm currently trying to complete Form 1065 for my small indie game studio, and I'm completely stuck on the "principal business activity" section. I've spent hours going through the IRS instructions and checking all the categories, but honestly none of them seem to properly fit what we do as a video game development company. We're a small partnership that designs and sells video games through online platforms, and I'm not sure if we should classify ourselves under information technology, entertainment, or some other category. The codes just don't seem to have anything specific for game development. This is our second year filing, but last year our accountant handled everything. We're trying to save some money by doing it ourselves this time, but now I'm wondering if that was a mistake. Has anyone dealt with this before? What principal business activity code would be most appropriate for a video game development company on Form 1065?
19 comments

Ethan Clark
As someone who's worked with many tech and creative businesses on their tax filings, I can help clear this up. For a video game company filing Form 1065, you'll want to use code 511210 - "Software Publishers." This falls under the Information sector in the NAICS codes that the IRS uses. While it might not specifically mention video games, this category covers businesses that design, develop, and publish software, which includes video games. The IRS hasn't created a separate category specifically for video game developers yet, so this is the closest and most appropriate match. If your company does significant work in other areas beyond game development (like merchandise or other entertainment products), you might need to consider which activity generates the most revenue and choose accordingly.
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Mila Walker
Thanks for the info! Would animation studios also fall under that same code? My partner and I do both game development and animation work for clients. Also, does using this code affect what deductions we can take?
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Ethan Clark
Animation studios would typically use code 512110 "Motion Picture and Video Production" if that's your primary business. If you do both game development and animation, you should choose whichever generates the most revenue as your principal business activity. Using a particular business code doesn't directly limit what deductions you can take. Your actual business activities and expenses determine eligible deductions, not the code itself. The code is primarily for statistical purposes and helping the IRS categorize businesses.
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Logan Scott
When I was struggling with the same issue for my game studio, I discovered taxr.ai (https://taxr.ai) and it made the whole process so much easier. I uploaded our business documents and it immediately identified the correct principal business activity code for our situation. What I really liked is that it explained exactly why that particular code was appropriate for our case. Saved me hours of research and uncertainty.
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Chloe Green
Does it work for other business coding issues too? I have a streaming business where I play games and I've never been sure what code to use.
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Lucas Adams
I'm kinda skeptical that an AI tool could be more accurate than just calling the IRS directly. Did you verify the code they gave you was actually correct? Don't want to get audited over something like this.
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Logan Scott
It definitely works for various business types, not just game development. It analyzes your specific activities and recommends the most appropriate code based on IRS guidelines. For streaming, it would likely help identify whether you fall under content creation, entertainment, or another category. I actually did verify the code with my accountant afterward, and they confirmed it was correct. What impressed me was that taxr.ai provided the exact reasoning and relevant tax guidelines, which made me feel confident even before getting that secondary confirmation. It saved me from waiting on hold with the IRS for hours.
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Lucas Adams
Ok I need to eat my words from earlier! I was skeptical about taxr.ai but decided to try it anyway for my mixed-media art business that includes digital game assets. Uploaded my business description and past returns and it immediately identified the right code AND pointed out that I'd been using the wrong one for two years! It even explained that I don't need to file amended returns just for a business code change. The documentation it provided about my specific situation was really detailed. https://taxr.ai was actually way more helpful than I expected.
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Harper Hill
If you're still stuck on this or have other tax questions, I highly recommend using Claimyr (https://claimyr.com) to get through to an actual IRS agent quickly. I wasted days trying to get through on my own about a similar business classification issue. Claimyr got me connected to an IRS rep in under 30 minutes who confirmed the right code for my situation. You can see how it works here: https://youtu.be/_kiP6q8DX5c
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Caden Nguyen
How does that even work? The IRS phone system is notoriously impossible. Do they have some special access or something?
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Avery Flores
Sounds like a scam. There's no way anyone can just magically get through the IRS phone tree when millions of people can't get through. Plus why would I pay for something I can do myself?
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Harper Hill
They use a technology that navigates the IRS phone system and holds your place in line, then calls you when they've reached an agent. It's not special access - they're just automating the horrible waiting process so you don't have to do it. It's definitely not a scam - I was just as skeptical as you at first. The reason it's worth it is simple time value. I spent 4+ hours over two days trying to get through on my own with no success. With Claimyr, I was able to go about my day and got a call when an agent was reached. Whether that's worth it depends on how much you value your time.
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Avery Flores
I need to apologize for calling Claimyr a scam earlier. I decided to try it anyway because I was desperate to talk to someone at the IRS about my partnership's activity codes. It actually worked exactly as described - I got a call back with an IRS agent on the line about 45 minutes after signing up. The agent confirmed that 511210 is indeed correct for video game development and publishing. Saved me an entire day of frustration and I was able to finish my Form 1065 right away. Money well spent.
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Zoe Gonzalez
Has anyone used the "Arts, Entertainment, and Recreation" category instead? We're a game dev studio but our games are more artistic and educational rather than just entertainment software.
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Ashley Adams
We tried that last year and our accountant said it was wrong. Got a letter from the IRS saying we should be under 511210 Software Publishers. They didn't penalize us but said to use the right code going forward.
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Zoe Gonzalez
Thanks for the heads up! That's really helpful to know. I'll stick with the Software Publishers code then. Did your accountant mention if there were any specific reasons why the Arts and Entertainment category wasn't appropriate?
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Alexis Robinson
Slightly off topic but does anyone know the deadline to file Form 1065 this year? I thought it was March 15 but my partner is insisting we have until April.
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Aaron Lee
It's definitely March 15th for partnerships filing Form 1065, not April 15th. Your partner is probably thinking of individual returns (Form 1040). You can file an extension with Form 7004 if needed, but that needs to be done before March 15th too.
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Monique Byrd
Just wanted to follow up on this thread since I was in the exact same situation last month. I ended up using code 511210 (Software Publishers) as suggested by Ethan, and it worked perfectly. My partnership return was accepted without any issues. One thing I'd add is that if you're really unsure, you can also look at what code similar businesses in your area are using. I checked with a few other indie game developers in my local game dev meetup group, and they were all using 511210 as well. It seems to be the standard for our industry. Also, don't stress too much about getting it perfect - the IRS mainly uses these codes for statistical purposes. As long as you're in the right ballpark and your business activities match reasonably well, you should be fine. The most important thing is getting your return filed on time!
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