09/21/2023
Got Buyer’s remorse?
After spending money to set up a new venture, if you back out before the first day, taxwise, your costs aren't just straightforwardly deductible as business expenses. They might, however, be deductible as investment expenses. Here's a breakdown based on the IRC § 195:
Rule One: Investigating a business to start or buy.
The costs of a general search or investigation to start a business are not deductible at all.
🍗 EXAMPLE: Bubba wants to open a fried chicken joint. He tours the state, visiting every KFC, taking photos, and sampling the menu. After spending $1,244 and gaining ten pounds, he drops the idea. Result? No tax deduction.
Rule Two: Attempting to buy or start a specific business.
The costs of trying to acquire or start a specific business are deductible as investment expenses.
💇♀️ EXAMPLE: Francine, a hairdresser, sees an ad for a HTGT franchise. She meets the owner, hires an attorney, and signs a contract, spending $3,100. Result? She can deduct this as a business expense.
✈️ EXAMPLE: Aaron consults Bridget, his accountant, for tax advice. He earns from a model airplane newsletter. His wife, Clarinda, is an architect. Bridget charges $800: $550 for Aaron's business and $250 for personal tax matters. Tax result? $550 is deductible for Aaron's business, but the $250 isn't deductible.