Matt Crooks said:
This is not at all what my accountant has said. As long as you're making income, and can show how you're staying in business (i.e. money from another job) there's no issue. You still have to run it as a business (i.e. have business bank accounts, file the proper forms) but you don't have to make profit.
Note: I'm not an accountant or an attorney, I'm just relaying what was told to me by mine. I asked specifically "do I have to show a profit in the first five years", he said "No."
It's all cool...I'm not a corporate lawyer by any means. I do have a Master's in Business and I've dealt with my fair share of corporate lawyers, so I'm just repeated what I know/heard from what they stressed and what I learned over time.
It's just interesting that he said you have to show no profit in the first 5 years. If you push 5 years without showing a profit for at least 3 of them, in the govt's eyes, you're pretty much a "hobby" that's non-profit instead of a business that acts for profit. If you think you won't show a profit in the first 3 years, a lot of people would probably recommend filling out a 5213 immediately after the first year to delay an potential audit to 5. If you hit 5 years and haven't shown a profit, you
can still show your intent to make a profit using a 9 factor test they have (although I don't recall what those 9 factors are right off). They do include things like conducting in a business manner and having business accounts, etc.
If it comes to that, you could go on doing it, but you'd have to have pretty accurate records and survive what could be costly audit. Definitely keep track of everything...all receipts, an in-depth journal that even details meetings with clients/artists, deadlines you had, etc. Otherwise they'll have no sympathy for you. If you survive the audit and/or prove your intent to make a profit to them, then you could continue on taking a profit loss for a while. If you lose the audit, then you get demoted to hobby status and become liable for all back interest, penalties, portion of income taxes, etc. The other alternative would be to incorporate like I talked about above.
Do you use a 1040 - Schedule C with your tax return and operate as a sole proprieter business? That's the only folks this applies to, which would be most upstart studio owners. If the accountant is just assuming that you could prove a profit intent after 5 years and would pass an audit without trouble, it seems like a dangerous game to play. If he knows something I don't, I'm all ears. Laws change so quick it's hard to stay on top of all of them, so it's entirely possible...
But yeah, you gotta go with what your accountant and guys are telling you. I was just saying it contradicts a lot of what I've always known in regards to business law.