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Gig Economy & Freelance

Hobby-Loss Defense (§183) — Prove Profit Motive for Loss-Year Deductions

New gig workers with early-year losses defend deductibility by satisfying §183 profit-motive factors — 9-factor test.

Overview

IRC §183 disallows losses from activities not engaged in for profit. Safe harbor: profitable in 3 of 5 consecutive years (2 of 7 for horses). For new gig / creator / consultant activities in loss years, satisfy the Reg §1.183-2 nine-factor test: (1) businesslike manner, (2) expertise, (3) time/effort, (4) profit expectation from asset appreciation, (5) success in similar activities, (6) history of income/loss, (7) occasional profits, (8) financial status, (9) personal pleasure. Document EVERYTHING — separate business bank account, marketing spend, business plan.

Best fit
Content creators in build phaseNew freelancers/consultantsSide-hustle gig workers
Estimated impact
Preserve $5K–$30K/yr in loss deductibility

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