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Level 2
posted Jan 31, 2020 12:38:41 PM

I own a LLC that's not very active. Is there a situation when the IRS flags this? Previous filings: 14 Small profit 15 Small loss 16/17 $0/not filed 18 Small loss

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1 Replies
Level 15
Jan 31, 2020 12:52:52 PM

There is a safe harbor that allows a presumption that you are engaged in for profit if in 3 of 5 consecutive years the activity is profitable.

 

See https://www.irs.gov/pub/irs-utl/irc183activitiesnotengagedinforprofit.pdf

 

However, the IRS uses nine factors to distinguish between a hobby or business activity.

 

See https://www.irs.gov/faqs/small-business-self-employed-other-business/income-expenses/income-expenses