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Loophole

§183 Hobby-Loss Defense — Convert Hobby to Deductible Business

Meet the 3-of-5 profit test OR the 9-factor test to keep deducting losses from a side venture against W-2.

Overview

IRC §183 disallows losses from activities not engaged in for profit ('hobbies'). Safe harbor: profitable in 3 of 5 consecutive years (2 of 7 for horse activities) creates a rebuttable presumption of profit motive. Fail safe harbor? Fight on the 9 factors (Treas. Reg. §1.183-2): businesslike manner, expertise, time/effort, appreciation, prior success, history, occasional profits, financial status, personal pleasure. Winning = deduct losses against W-2/other income. Losing post-TCJA = zero deduction. Documentation matters more than the venture.

Best fit
Side-business owners with lossesFarm/ranch/horse/art activitiesConsultants launching new practices
Estimated impact
$10K–$100K/yr in loss deductions preserved

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