Trade or business for federal income tax


Jane Smith:

I think that the fees would be better used for paying off our house and buying a new, bigger house that I've had my eye on. Does it make better tax sense for us to pay off the mortgage, sell the house, and buy a new house, or should we just use the money to buy the new house after selling the old house?

Also, I sell handcrafted jewelry which earned me $20,000 last year. Do my business activities constitute a trade or business for federal income tax purposes? Or, is this just a hobby? Should I establish a separate trade or business to get tax benefits on these earnings? Does it make any difference that I use my car primarily for transporting my jewelry to different shops around town? Finally, I think I can earn more money if John were willing to invest $15,000 for new jewelry making equipment since my original equipment, which cost $10,000 five years ago, is almost obsolete. Does this make sense from a tax perspective?

Jane Smith tax issues:

Q1. What are the different tax consequences between paying down the mortgage (debt) and assuming a new mortgage (debt) for Federal income tax purposes?

Q2. Can John and Jane Smith utilize a 1031 tax exchange to buy a more expensive house using additional money from John's case?

Q3. Does Jane have a business or hobby? Why is this distinction important?

Q4. Would Jane (and John) realize better tax benefits if she had a separate business for her jewelry making activities?

Q5. What tax benefits would John realize if he invested $15,000 in Jane's jewelry making?

Q6. Can Jane depreciate her vehicle or jewelry making equipment? How?

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Accounting Basics: Trade or business for federal income tax
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