DON'T LET THE IRS CALL YOUR BUSINESS A HOBBY The IRS often tries to eliminate the tax benefits of a sideline activity by arguing that it is a hobby, not a business. If the IRS declares your sideline business a hobby, you can't deduct any more than you make on the hobby. In effect, then, your sideline business income can be tax-free, but you will not be able to deduct non- cash expenses such as depreciation. And you won't be able to use the business to lower your family's overall taxable income. There are several ways to avoid having a sideline business treated as a hobby. The tax code provides a "safe harbor" rule. If you profit from a sideline three out of any five consecutive years, you're safe. (If you breed horses, the safe harbor rule is three profitable years out of any seven consecutive years.) Taxpayers who don't qualify for the safe harbor rule still have hope. You have to make a case for the fact that you are trying to be profitable. Some documentation that will help is proof of advertising, promotion, proposals, market research, and the like. Save your rejection letters. Two recent court cases established pro-taxpayer decisions on this issue. In each case, the taxpayer never made a profit, but the sideline still qualified as a business. According to the courts, the most important factor is that you conduct your sideline business in a professional manner. If you take it seriously, the courts may take it seriously. Find out what either the industry or the local norm is for all your business procedures. Follow the norm unless you have a more effective way of doing things. And always keep complete records.