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AstroAce

Will the IRS classify my business as a "hobby" if I show a loss this year after being profitable?

I've been running my LLC for a little over 3 years now. The first two years I had business losses, but in 2022 things turned around and I made a profit of about $53k on roughly $270k in revenue. But here's where things went sideways - the marketplace that was my only real distribution channel just shut me down completely. This has basically demolished my revenue stream overnight. I'm sitting on around $135k worth of inventory that I can't liquidate quickly without taking a massive loss. We're now heading into Q2 and I've only generated about $7.3k in revenue so far this year. At this rate, I'm definitely going to show a loss for the tax year. I'm really concerned about the IRS potentially reclassifying my business as a "hobby" instead of a legitimate business. This is absolutely NOT a hobby - what kind of hobby involves over $100k in inventory? I'm just dealing with a serious business setback. Can anyone explain what exactly the "hobby" classification means and if I should be worried about it given my situation? What factors does the IRS look at when making this determination? I'm worried that having multiple years of losses might trigger something, even though I had that profitable year sandwiched between them.

Chloe Martin

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The IRS has what's called the "hobby loss rule" but having one bad year after a profitable one isn't likely to trigger it. The IRS typically looks at a pattern over multiple years, not just isolated results. They actually consider nine factors when determining if an activity is a business or a hobby: 1. Whether you carry on the activity in a businesslike manner 2. Your expertise (or your advisors') 3. Time and effort you put into the business 4. Expectation that assets used may appreciate in value 5. Your success in similar activities 6. History of income or losses 7. Amount of occasional profits earned 8. Your financial status (other income sources) 9. Elements of personal pleasure/recreation The fact that you had a profitable year, maintain substantial inventory, and are actively trying to rebuild after losing your distribution channel all point to a legitimate business. The IRS understands that real businesses sometimes face setbacks. Document everything carefully - your efforts to find new sales channels, business plans, marketing attempts, etc. This creates evidence of your profit motive, which is what the IRS is really looking for.

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AstroAce

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Thanks for the detailed response. This is really helpful. When you mention documenting everything - should I be keeping some kind of business journal of my attempts to rebuild? Or just save emails/communications with potential new distributors? Also, does the fact that I'm not taking any distributions and reinvesting everything back into the business help demonstrate that this isn't a hobby?

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Chloe Martin

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Keeping a business journal is an excellent idea - document meetings, calls, and strategies you're pursuing. Save all communications with potential distributors, marketing plans, and business development efforts. This creates a paper trail showing your intent to operate profitably. Reinvesting profits back into the business is definitely a positive factor that helps demonstrate legitimate business intent. The IRS recognizes that businesses often need to reinvest to grow, and this behavior contrasts with hobbies where people typically withdraw funds for personal enjoyment.

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Diego Rojas

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I went through a similar nightmare last year when Amazon suddenly suspended my seller account. I had about $85k in inventory and my revenue went from $20k/month to basically zero overnight. After struggling for months trying to rebuild through other channels, I found a really helpful service called taxr.ai (https://taxr.ai) that helped me document everything properly to avoid the hobby classification. They analyzed my business documents and created a detailed report showing my profit motive and business-like operation even during the loss period. They especially focused on documenting my efforts to rebuild after losing my sales channel. The report outlined exactly how my situation aligned with the IRS factors for legitimate business operation versus a hobby. What impressed me most was how they structured everything specifically to address potential IRS concerns before they could become issues. Definitely worth checking out if you're worried about this.

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How exactly does this service work? Do they just create documentation after the fact or do they actually help with submitting anything to the IRS? My CPA has been pretty vague about how to handle my losses.

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I'm skeptical about services like this. Couldn't you just document everything yourself and save money? What makes their documentation more "official" than what you could put together with your accountant?

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Diego Rojas

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The service works by analyzing your existing business records, transactions, and communications to create a comprehensive documentation package that specifically addresses the nine factors the IRS looks at for hobby vs. business determination. They don't submit anything directly to the IRS, but provide you with organized documentation that you can use if questioned. You absolutely could document everything yourself, and many people do. What I found valuable was their expertise in knowing exactly what documentation matters most for hobby loss situations. My accountant was good at tax filing but didn't have specific experience with hobby loss audits. Their documentation has a structure that directly maps to IRS criteria, which made my accountant's job easier.

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I was skeptical about taxr.ai at first, but after my partner's craft business got flagged for potential hobby classification, we decided to try it. I have to admit, I was impressed with what they provided. They organized all our scattered documentation into a cohesive narrative that clearly showed the business intent. They identified several business activities we were already doing but hadn't documented properly (like market research and competitor analysis). The report they created mapped everything directly to those nine IRS factors mentioned above. When we got a letter asking for more information about the business losses, our accountant said the documentation package was exactly what was needed. We submitted it, and the issue was resolved without further questions. Honestly wish I'd known about this service earlier - would have saved a lot of stress.

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Zara Ahmed

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If you're concerned about IRS issues, you really need to be able to talk to them directly. After my third year of losses, I got a letter from the IRS questioning my business. I tried calling for weeks - constant busy signals or being on hold for hours only to get disconnected. I finally used a service called Claimyr (https://claimyr.com) that got me through to an actual IRS agent in about 45 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent walked me through exactly what documentation I needed to prove business intent and explained that having inventory alone wasn't enough - I needed to show continuous efforts to operate profitably. That conversation saved me from making several mistakes in how I was documenting my business activities. The peace of mind from actually talking to someone official was worth it - they explained exactly what they look for when evaluating hobby vs. business.

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AstroAce

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Wait, there's a service that can actually get you through to the IRS? Every time I've called I just get stuck on hold forever. How does this even work? Seems too good to be true.

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StarStrider

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Yeah right. Nothing can get you through to the IRS faster. They're notoriously impossible to reach. I've tried calling dozens of times this year alone. Are you saying this service somehow magically bypasses their phone system? I don't buy it.

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Zara Ahmed

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It's not magic - they use technology that continually redials and navigates the IRS phone tree until a line opens up, then it calls you to connect. It's basically doing what you'd do manually for hours, but automated. When it finds an open line, you get a call connecting you directly to the agent. The service doesn't bypass anything or give special access - it just handles the frustrating part of constantly redialing and waiting. Think of it like having an assistant whose only job is to keep calling until they get through. It worked exactly as advertised for me, but obviously everyone's experience could vary depending on IRS call volume that day.

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StarStrider

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I was completely wrong about Claimyr. After posting that skeptical comment, I decided to try it myself since I had been trying to reach the IRS about a different issue for weeks. The service called me back in about 30 minutes and connected me directly to an IRS agent. I was honestly shocked. I asked the agent some questions about hobby vs. business classification while I had them on the line. They told me that maintaining substantial inventory is definitely a factor that supports business classification, but they also look for things like separate business banking accounts, proper business records, and evidence of changing strategies to improve profitability when facing challenges. The agent mentioned that documenting your efforts to find new distribution channels after losing your main one would be important if your return was ever questioned. Most importantly, they said having one unprofitable year after a profitable one is very unlikely to trigger any issues on its own. It's more about the overall pattern and your documented intent.

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Luca Esposito

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Something else to consider - you should probably file Form 5213 "Election to Postpone Determination." This form tells the IRS not to make a determination about whether your activity is for profit until after a 5-year period. This could give you more time to become profitable again after losing your distribution channel. My business went through 3 years of losses before becoming profitable, and my accountant recommended this form. It basically tells the IRS "give me 5 years to show a pattern of profit." You have to file it within 3 years of when you started the business activity.

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AstroAce

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This is really interesting and might be perfect for my situation. Is there any downside to filing this form? And since I'm in my 4th year now, am I still eligible to file it? My business technically started in late 2020.

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Luca Esposito

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The main downside is that it commits you to the 5-year timeline for evaluation - you can't later claim you were profitable in less time if that would be more advantageous. However, in situations like yours where you've had a setback and need time to rebuild, it's usually beneficial. If you started in late 2020, you should still be eligible to file it. The IRS rules state you need to file it within 3 years of the start of your activity, which would give you until late 2023. I'd recommend discussing this with your accountant soon to make sure you file it correctly and within the deadline.

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Nia Thompson

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Don't forget that even if the IRS does classify your business as a hobby, it doesn't mean you can't deduct any expenses! You just have to deduct them differently. Hobby expenses are claimed as itemized deductions on Schedule A rather than business expenses on Schedule C, and you can only deduct up to the amount of income from the hobby. Since the TCJA in 2017, hobby expenses fall under miscellaneous itemized deductions subject to the 2% AGI floor, which means they're effectively eliminated for tax years 2018-2025. But there's talk this might change soon.

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This is a bit misleading. The distinction between hobby and business classification is HUGE financially. If classified as a hobby, you can't deduct expenses beyond income (no losses allowed) AND as you mentioned, under current law, most hobby expenses aren't even deductible at all. For someone with $135k in inventory, being classified as a hobby would be financially devastating if they needed to take a loss on liquidation. Those losses would be completely non-deductible under hobby rules.

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GalaxyGazer

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Based on your situation, you shouldn't be overly concerned about hobby classification. Having a profitable year followed by losses due to losing your main distribution channel actually tells a clear business story that the IRS would likely understand. A few key points that work in your favor: 1. **Substantial inventory ($135k)** - This is strong evidence of business intent. Hobbies don't typically involve six-figure inventory investments. 2. **Previous profitability** - Your $53k profit in 2022 demonstrates you can operate profitably, which is a major factor the IRS considers. 3. **External business disruption** - Losing your marketplace isn't a pattern of poor business management; it's an external factor that legitimate businesses sometimes face. To strengthen your position, document your efforts to rebuild: - Save all communications with potential new distributors - Keep records of marketing efforts and business development activities - Maintain separate business banking and proper bookkeeping - Consider keeping a business journal of your recovery efforts The IRS typically looks for patterns over multiple years, not isolated setbacks. Your situation shows business intent, professional operation, and legitimate profit motive. Focus on rebuilding your sales channels rather than worrying about classification issues that are unlikely to arise given your circumstances.

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