When is a Business Not a Business?

Tue, May 26, 2009

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I struggle with the term “business” in my tax business almost daily.  You might call an activity a business and the IRS doesn’t agree.  If you’re talking taxes, you need to pay attention to what the IRS has as definitions.

For example:  ”Passive” business that is 10 hours or less per month.  It’s a passive activity, not an active business.  That means your deductions are probably going to be limited.

Real estate “business” that involves buying properties and then renting them out.  IRS says that’s an investment, not a business.

Setting up a corporation.  I’m surprised how many times this one comes up.  Someone sets up a business structure, without any business purpose, and assumes that means they have a business and less tax.

It’s confusing enough when you talk about taxes and the definition of business, what about when you talk about ways of making money?  In other words, when is it a business and when is it an investment?

This whole discussion is prompted by a chain of comments on my Facebook page regarding affiliate marketing.  Scott Bradley, a really smart guy, gently challenged the concept of affiliate marketing as a business.  His definition includes longer term strategies that build relationship.  The thing I like most about Facebook and Twitter is that I get the chance to challenge my own thinking.  That’s because I agree what Scott was saying and at the same time I like the concept of affiliate marketing.  

I realize now where the conflict was for me.  Affiliate marketing doesn’t meet my definition of business either.  I think of business as something where there are customers, patients and/or clients.  You build relationships and together, grow businesses, health, lives - in other words, there is a long term commitment.

If you think of it that way, stock investing (as well as Forex, bonds, options) is not a business either.  And neither is real estate.   

For a long time, I’ve talked about (and thought about) wealth-building as a three-legged stool:  One leg is business, another is paper investments and the 3rd is real estate.  I think that affiliate marketing is a 4th leg.  It doesn’t fit my definition of any of the other types of money-making categories.

Actually, I like this definition a lot.  With this, you have 4 ways of making money.  A 4 legged chair is more secure than a 3 legged stool. And in today’s economic times and as we move from the Industrial Age to Information Age economics, we need all the security we can get!

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This post was written by:

Diane Kennedy - who has written 69 posts on Business To Investment.

More than your average CPA, Diane Kennedy is also an author, speaker, investor, and a highly sought-after tax strategist.

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5 Comments For This Post

  1. Andres Says:

    so, how should it be treated from the tax perspective? what about deductions? what about selling your affiliate company (if anybody decides to sell it, that’s it)?

    Also, how passive could 50 affiliates sites be? or 100? or even more? at that point it is a real job and you are just self-employed?

    Interesting conversation.

  2. Jorge Says:

    @Andres I think it depends on how the sites are setup. Think of a landing page that sells an ebook. You target a niche market and rank high on search engines.

    Payments are processed through paypal and you don’t do any SEM, just SEO so basically there are no campaigns involved.

    That’s about as passive as it gets IMO!

  3. Beta J Says:

    I like the chair vision better than the milk stool. :-)

    The stool was nice as a predecessor, tho, because it pointed out the importance of a portfolio in balance.

  4. Diane Kennedy Says:

    This is where my model kind of falls apart. I could easily make an argument for a true balanced portfolio needing a business, paper assets (could simply be liquid funds) and real estate. But is it necessary for everyone to have affiliate marketing? No.

    So should this instead be the broader “internet marketing”, which could simply be an online version of your business? But then I guess it’s a business.

    Maybe there is a choice and you don’t need to have all 4 - more balanced if you do, however.

    For example, we’ve seen real estate and paper assets hammered in this current economy time. Some, but not all, businesses have been hurt too. But affiliate marketing isn’t affected at all.

  5. Beta J Says:

    You guys are always straining my brain!

    Maybe the components of the stool or chair are based on the needs of the individual. Somehow they just need to add up to 100% to be balanced?

    Hm. But then neither stand if one leg is only 10% long. LOL!

    Wouldn’t it be nice if life was as simple as a clear diagram or image ??
    :-)

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