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Posted

A client finally succumbed to my warnings about encouraging an audit and will drop his Schedule C hobby farm from the return. He still has a few items on which the depreciation has not run out. Can these be deducted on the Schedule C or is the remaining depreciation simply lost ? 

Posted

Fixed assets: under disposition, put converted to personal use and that will stop the depreciation.  You can leave them in fixed assets, handy if they're ever sold.

  • Like 3
Posted

When I first started practicing, a client (new to me then) got audited and his long-horn steer ranching business was determined to be a hobby (which it was, but ...).  They're serious about that!  (Or they used to be).

  • Like 2
Posted

When a colleague retired, one of the clients I inherited raised miniature horses.  After doing one return and not thinking much about a small loss, he returned with a bigger loss.  That's when I started digging--the first year I did was the best (closest to breaking even) year he'd ever had!

I remember a stat--70% of farms show an annual loss--but even horses are supposed to be profitable some time.  And keep in mind the "2 out of 5 years" (horses, 2 out of 7) profitability is not absolute--I've seen the IRS disallow from the get go, although I believe there is an election to have the IRS postpone the determination on new ventures.

  • 3 weeks later...
Posted

I'm in NY.  NYS likes to do more auditing than the IRS here.  But I have successfully argued my way thru a handful of farm/ag audits.  The first issue in NY is the ridiculous property taxes.  Try to have a farm without property.  Try to have profitable farm when you have to pay property taxes here. (yes - there are some credits available.)  Second is interest.  Farmers are always indebted.  Interest is a fact of life eroding the profit.  And third is depreciation.  Most farmers are turning around equipment and taking advantage of bonus or Sec 179.  After taking these things out of the picture, the hobby argument tightens up.  Now we can talk about hours.  And we can talk about why someone would do all the stuff as a hobby.  And then I can start my rant about how the farmer can't seem to raise his price on milk as he needs.  He can't recover the increasing costs of trucks or equipment or electric by raising the price of milk, or soy, or any other product Uncle Sam has his hands in. Any time the government subsidizes the price of the ag product, you will have a farm loss.  So most of the time, the IRS or NYS ultimately have to back off. 

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