Claiming Your Dog on Your Tax Return: Part 2

A working dog may be claimed as a business expense if the dog truly works on your business.

A working dog may be claimed as a business expense if the dog truly works on your business.

 

The first thing you need to know is that you can’t claim your dog as a dependent on your tax return.  Never!   Don’t even think about it.  There are no special rules for St. Bernard’s or Great Danes.  It doesn’t matter how much your dog depends on you or that he’s a regular member of the family.  A dog can never be claimed as a dependent on your U.S. income tax return.

There are two places you can claim a dog on a tax return, as a medical expense, such as a service dog, or as a business expense.  This post is about claiming your dog as a business expense.  If you’re looking for information on dogs as a medical expense, then you need to check my other post http://robergtaxsolutions.com/2011/03/claiming-your-dog-on-your-tax-return-part-1/

If you intend to claim your dog as a business expense, you have to remember the two most important words for business expenses:  regular and necessary.  Is the dog a regular and necessary expense for your business?  For example:  my dog likes to help me when I work from my home office.   She guards my door and prevents my college age children from coming into the room to bother me (i.e. ask for money.)   Her favorite part of her job is barking at the IRS agents whenever I’m on the phone.  How she can tell I’m talking to an IRS agent instead of a client amazes me.  As you might have guessed, I cannot claim my dog as a business expense.  Her service to my company is neither regular, nor necessary.   (No matter how much I get a kick out her barking at IRS agents.)

Real working dogs, on the other hand, are a legitimate business expense.  Sheep herders, guard dogs, bomb sniffers and rescue dogs all are legitimate working dogs.  My dog neighbor used to star in the dog program at Busch Gardens—once again, a legitimate working dog, although now he’s retired.

Breeding dogs can be a little trickier.  A real dog breeder is a legitimate business.  Where it gets a little tricky is that fine line between dog breeding as a hobby versus breeding as a business.  For example, if you’re treating your dogs as “livestock” they have a depreciation rate of 7 years.  If you buy a full grown bitch with the intent to breed her, you may claim the purchase price as a section 179 deduction (that means you can write off the whole purchase price.)  If you purchase a puppy—with the intent of breeding it when it grows up, you can’t write off the whole cost immediately.  The best you’ll be able to do is to claim depreciation.

I once was consulted on a “dog breeder” case.  The woman had purchased two “designer puppies” for $2,000 each with the purpose of mating them together and selling the puppies.  She wanted to write off the entire $4,000.  The woman had no experience with breeding dogs, no experience running any type of a business before, and didn’t seem to have a clue about raising dogs in general.   First, the IRS is clear about not completely writing off “immature” animals so a total write off was out of the question.  Additionally, because there was no income and the client just wasn’t meeting any of the business qualifications, claiming any kind of deduction would be problematic.  I recommended holding off on claiming any deduction.  If the business truly panned out, she could depreciate the dogs when (and if) they were put into service.  Just because the puppies you buy are expensive, they don’t necessarily qualify as a business expense.

Once again, you have to make sure that if you are claiming a dog as a business expense, you really need to make sure you’re on the up and up.  A dog on your return is going to be a red flag so you start out with the assumption that you will be audited.  Document everything.  Have receipts for your expenses, and proof that your dog is a necessary and regular expense for your business.  Dot your i’s and cross your t’s and you’ll be okay.

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Note:  We try to answer all the questions that come to us but please be patient.  It’s our busy season right now.  We may not get to your post until the weekend.  When you make a post and use the capcha code, it won’t immediately show up.  You see, for every normal person like you that posts, there’s about three advertisements for things your mother wouldn’t approve of.  (We try to keep this a G rated website.)   We have to edit those out.  If you need an answer right away, here are some links that might help:

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How to find free tax preparers:  http://www.irs.gov/Individuals/Free-Tax-Return-Preparation-for-You-by-Volunteers

How to find your local IRS office:  http://www.irs.gov/uac/Contact-Your-Local-IRS-Office-1

 

95 thoughts on “Claiming Your Dog on Your Tax Return: Part 2

  1. Hi Morgan,
    I say yes. Keep all your receipts of course and get a letter from the agency about what you did to cover yourself.
    Thanks for your community service. I hope I never need you, but I’m glad you’re there if I did.

  2. Oops, in the question I just posted I made an error in my main question.

    I am wondering if I can legitimately claim the costs of maintaining the dog as an out-of-pocket expense related to my volunteer work for this agency.

    In the past, I have not deducted the maintenance expenses although I have deducted dog-related expenses that I would not have if we were not doing this work (equipment for search work, training aids etc).

    Thanks!
    Morgan

  3. I have a dog who I obtained with the goal of training her to be a working search dog. She is now trained to do cadaver detection. We are affiliated with a tax exempt agency that provides search dog services to law enforcement agencies. We are not paid or reimbursed for our services. Now that we are working real missions (prior to 2012 we were only in training), I am wondering if I can legitimately claim the costs of maintaining the dog (food, veterinary care) as a non-cash contribution to the agency. I do this volunteer work on a part-time basis (have to have a day job to cover the expenses).

    Thanks so much!

  4. Hi Sandy,
    Your question is really good and really important–you see you’re going to be breeding Shih Tzus and you bought 12 of them–so that sounds pretty serious. But here’s news from the IRS: yo can’t begin to depreciate a dog for a dog business until the dog is of breeding age. So, although you had the expense of purchasing the dogs in 2012–you won’t be able to put them on your tax return until they are mature enough for breeding.

    I think you’re smart not to claim a business yet. Now–your next issue, if you chose to file an LLC, you’ll want to do that in the state you live in. If you’re moving, it might make sense to wait until you have your new state. And I think you’ll be fine waiting for a little while before setting up your LLC.

    The only other thing that I really would urge you to do is to check out the rules in your community about businesses in your home. You mention being outside city limits–just make sure you’re in line with the county also. Better safe than sorry.

    So how totally cute is it to see 12 Shih Tzu puppies running around at once? That’s gotta be incredible.

  5. I purchased 12 shih tzus all within 2012 (as pups) to be used in a start up breeding program. 3 rehomed at much lower price then paid, 1 died from an auto immune disorder before turning 1. My questions are many lol. Can I claim a business or must I be a hobby? I assume they will need to be depreciated on a 6-7 year type plan…. I am in Missouri with my husband (who is active duty military). His house of record is Texas and I have a Missouri drivers license but have never worked within the state…. Is there any paperwork I must file to have these dogs as a breeding business??? I live outside city limits. We will be moving next year with orders. Should I file an LLC or file any type of small business paperwork? My website will be set up in the next couple of months. Not established as the pups were too young to breed and produce. Any pertanent info I need to know and do as I am just establishing my business??? THank you for any guidance.

  6. Hey Antwan,
    Since your asking the question on my website, why don’t you do your taxes on my website as well? I’ve got the tab, do your 2011 taxes here. I’ll switch it out as soon as the new 2012 version is produced.

    You’re put your kennel on your own tax return. You need something called a schedule C for the business. If you show a profit, you’ll also need a schedule SE (it’s automatic if you’ve got a profit.)

  7. Ok, Is it possible to use something like H&R blocks online tax service to do them? If so that would be great, that’s what I use to do my personal taxes. Another question, do I need to file under my kennel name, or can I just add this to my personal taxes? And I hope the pic shows up. The picture is of the males of the last litter and their father. Love my babies like I said.

  8. Hi Antwan,
    Yes, you sound like a legitimate breeder business. The big thing is document, document, document!
    Report the income from the sale of the puppies. Report the expenses of breeding and raising the puppies. Keep a log book. Make sure you get receipts for the sales.
    You can still do your own taxes, but you might prefer to have a professional do the first business return for you. That way you’ll have a guide of what you should be claiming and tracking. Then use that professional return as a guide in the future.
    I think the most difficult part of the tax part for you is depreciation. You depreciate a breeding dog like livestock. (I’m not sure what’s worse, the math or the emotional part. Like you said, you called your dogs your babies. I get that, my “baby” is snoring in the corner as I type this.) Also, you might be depreciating some of your equipment. (Maybe not–just thinking about the kennels and stuff.)
    You don’t need to use Quickbooks, but do save receipts for everying. Do keep a mileage log for your trips to deliver puppies and trips to PetsMart and the vet too.
    So—–did you want to post a puppy picture? You’ve got me curious.

  9. I have been breeding for about 8 years now. I have a website though I tend to use social media as my sole source of advertisement and word of mouth from happy customers. I never knew how I could claim my babies (because they are apart of my family not just dogs). We are a certified kennel (certified by our Kennel club), we usually have 2 litters a year. What all could I claim on my taxes, ie food, vet bills, gas for transporting them to their new homes, income for the sale of said puppies, and how do I go about doing this? Could I still do my taxes myself?

  10. Hi Steven,
    Lots of issues there. First–all income you receive is supposed to be reported on your 1040. All of it. For example: my husband paints, he’s not a professional, but he just sold a painting for $400. That’s got to go on my tax return. I won’t do a schedule C for him this year, I’ll just claim it as other income. Some day, I hope I’ll be doing a schedule C for him and writing off all of his painting expenses, but for now, it’s just cool that he sold one.

    So you might not have a grooming business, but you are a professional groomer and you use your dogs to bring business to your employer’s business.

    If you are going to claim these expenses–you would put them on a form 2106–employee business expenses. Now here’s two things–the deduction isn’t nearly as good. And also, you want to show that your personal dog expenses really are for business. This is the hard part because let’s be real part of having dogs is because we love them, right? So you really need to kind of separate that out. I would say the grooming expenses–yep, not a problem. After that it gets a little dicier.

    But here’s the other part–first, see if it makes any sense for you to even try claiming those costs before you waste time sorting out what was business and what was personal.

    For example: from my own experience. My husband used to work for a company called Golden Cat. They made Tidy Cat kitty litter. (It’s now part of Nestle’.) My cat, Charlie, was kind of a guinea pig for cat litter testing. Yes, the company had testing facilities with lots of cats but Charlie wound up being used quite often for “what’s that litter really like in the house?” (And Charlie was also golden in color so he thought my husband worked for him.)

    Anyway, I thought about trying to write of Charlie’s expenses–but like you, my husband worked for a corporation. By the time you add up all of the cat expenses, in order to claim them, they have to be more than 2% of your total income. For us, it wasn’t even close–besides, we got most of the test kitty litter for free.

    But for you–you’ve got 5 dogs–you might cross that threshhold while one cat wouldn’t.

    Play with the numbers, but make sure that you can substantiate everything and show how your dogs are helping your company’s business. If you can’t substantiate–don’t try it.

  11. Hi there!!! I am a professional groomer for a large corporation and a vet’s office I do groom on the side for family and friends although the income from my family and friends is not enough to claim I wonder if I could claim my personal dogs, I have 5 rescues, food and vet care because I use them as my own business cards if you will. I have been told that I could claim these expenses but only if i owned and operated my own grooming salon. I still gain clients based on my own dogs grooms but I don’t own my own business really. One last question can i be introuble if i don’t claim my commission on my side dogs or is there anything I can claim from that? How much do i need to make to claim when grooming on the side? Sorry that I am all over the place, my main question is can i claim my dogs food even if i don’t own my own business and is there any thing i can do to impact my income tax with my side jobs? Thanks so much for your advice!!

  12. Hi Mary,
    I’d start keeping track of that information from now on, but I wouldn’t let that stop you from claiming your self employment. Make sure you write off your vet and other expenses too. It sounds good to me.

  13. I dont find the dogs off the streets I have them given to me from people that do not want them. Then I vet them take care of them and then find them new homes. Yes I do sell them to make back my money. So as long as im keeping records of every dog , what kind of dog it was and when I sold it I’m okay to report this income as self employment? the only thing I don’t have is names and addresses of all the people I’ve sold a dog too. is this okay or do I have to have that information?

  14. Hi Mary,
    Thank you for rescuing dogs. That’s pretty cool. And I’m amazed that you’re making money doing it. Yes, that would qualify as a business and that would be an income.
    The one warning that I’d put out there is to document things. Keep track of the date you found the dog, where you found it, stuff like that. My biggest concern for you would be somebody claiming that you stole their dog and sold it–that would get you into all sorts of trouble. Normally I’m recommending record keeping to keep you out of trouble with the IRS–but in your case–you only need to rescue one dog that has an “owner” and you could have a problem. Your record keeping will help keep you out of trouble that way as well.

  15. I was just wondering if I get a dog for free and I sell that dog can I claim that as income on my self employment taxes? I have made about 3000 dollars rescuing dogs and then selling them. is this considered an income?

  16. Hi Danielle,
    My daughter has already claimed you as our client and wants to trade tax service for puppies. (Note the plural.) That said, she leaves for college again in a month etc., etc.
    But here’s what I think you should do–find an enrolled agent in your area. Here’s a link to help you: https://portal.naeacentral.org/webportal/buyersguide/professionalsearch.aspx

    I like being able to talk with someone face to face. Especially in a business like yours because I find that when you talk things out you’ll come up with the best solutions. The big box tax companies are not going to have the special skills you’re looking for. (Now I started there–and I learned a lot there–but the average tax preparer doesn’t have as much training as you’re going to want.)

    Here’s another place to find a preparer–on the Bradford Tax Reduction Newsletter site. (Oops, I’m not on there, have to renew my ad.) This might even be a better list for you–but smaller. These are folks who read the Bradford Tax Newsletter and specialize in small businesses. They’re going to be a little more aggressive than your big box people. Legal–but using everything they’ve got to reduce your taxes.

    I realize I haven’t given you a real answer–it’s because I think there should be some “sit down and really look at things” before you decide what’s best–and make sure whatever you do is right too. And for what it’s worth–I’m in St. Louis Missouri. I do take out of state clients–but if you can find local, I think that would be better for you. (And I really don’t trade for puppies.) 🙂

  17. There is definitely nothing on earth as cute as a Samoyed puppy. Thanks for the quick response. Unfortunately the big tax prep guys discouraged me from claiming anything, including the income. I wouldn’t have a hard time determining pet versus “livestock” since I place the ones that don’t work out and place the ones that are done breeding. Every dog I own is part of the breeding program either now or for the future. I do still love them very much and feel they deserve true pet homes when they are no longer showing/breeding. Maybe I should just start from this year. Can the corporation bulk purchase all my supplies, equipment, and so called livestock, and claim it as start up costs? I can handle losing all the deductions for the previous years. If so, should I go back to the start date of the corporation or stick with the zero dollar returns and file it all under this year? I really just want to do this right from now on and am so grateful I found your advice! Thank You

  18. Ah Danielle,
    You’ve got Samoyeds! Does anything else really matter? Is there anything cuter than a Samoyed puppy? Anyone who doesn’t know what I’m talkiing about can click on this Google images link: https://www.google.com/search?hl=en&tok=bouiKXCSj2FRyNpbibwWYQ&cp=5&gs_id=i&xhr=t&q=samoyed&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.,cf.osb&biw=1441&bih=723&wrapid=tljp134323500515008&um=1&ie=UTF-8&tbm=isch&source=og&sa=N&tab=wi&ei=viMQUPWrH4bVqgGCmYEg

    Okay, now that I’m done gushing, let’s get down to business. It sure sounds to me like you’re in business with these dogs and you’re doing it to make money. Unless I’m sorely mistaken–you’ve got yourself a business. I think setting up the corporation was a smart idea for you–it adds legitimacy-but I’m not sure you needed the “legitmacy” you sound serious about your dogs.

    You may go back to 2009 to amend old tax returns–you’d file the old ones as a sole proprietor on your 1040 with a schedule C. Although I could easily argue that you could go back to 2005–it wouldn’t do you any good–you’d get no money back from the IRS by changing your status for the earlier years.

    I’m assuming that you claimed the money that you made from selling the puppies on line 21 of your tax return as hobby income. (And then with the hobby write off rules being so restrictive–well then you got little if anything for a write off.) This is good for you because it makes your case stronger–you’re saying “Look–I claimed this income but I didn’t realize I was allowed to claim it as a real business—yadda, yadda, etc.”

    Now, if you didn’t claim the puppy income the first time around–it makes claiming the deductions a little sketchier. “Oh, gee, now that I know I can claim my expenses, I want to claim this income because it’s a deduction!” I realize that’s not what you’re really saying but that’s what the IRS agent reviewing the return is hearing. It doesn’t mean you can’t go back and amend the returns–you just need to realize that it’s going to be looked at with a higher degree of cynicism. Make sure you put in the explanation: “Taxpayer omitted revenue from sale of livestock in original return and is correcting the mistake.” Of course, you’re also reporting the expenses as well (and you’ll mention that) but you want to show that you’re reporting that unreported income. (And yes, they can see through that when you show those losses, but it sounds better.)

    One thing you’re going to have to do is make some harsh judgment calls. Which dogs are “livestock” and which ones are pets. What percentage of the expenses are business versus the percentage for pets? I hate thinking of dogs as livestock–but in tax terms, that’s what they are. For tax purposes, treat the dogs like farmers treat cows on their tax returns–same rules, and you should stay on the IRS’s good side.

    Remember, to be a real business, you have to be in business for the purpose of making a profit. If you never make a profit–there’s no business. That’s why dog breeders have such a hard time proving their businesses aren’t hobbies. (You gotta sell a lot of puppies to make money on this.) But it sounds to me like you’re really working it and doing more than just shows and puppies–that’s why I really think you should win this argument.

    It’s over 100 degrees outside my office today so it’s a little hard to imagine right now–but I’m guessing a sweather made with Samoyed fur and cashmere would be super soft and snuggly. Good luck!

  19. Hi, I started purchasing show dog puppies in 2002 for future breeding. The first two didn’t work out. The third puppy was purchased in 2003. I show the dogs to AKC Championships and do health testing before commencing breeding. In 2005 I whelped my first litter from the third puppy/dog. I whelped and sold puppies in 2005,7,8,9,10,11,and 12. I have never claimed it as a business because I have been told I can’t. Two years ago I started a corporation in order to use the dogs to produce other products to sell in order to finally claim the dogs and expenses. I have not completed production or sold anything under the corporation yet so have had zero dollar tax filings. All of the ground work is done and I would like to know how to start claiming everything and how far back I should go? Along with the training products I am also going to start producing yarn from their fur next year mixed with cashmere from goats. I will have to purchase the goats and spinning equipment too. Can all of these activities be claimed under the one corporation? What will the IRS do about all the puppy sales money so far? I have spent WAY more than I have ever made because some puppies are kept for future breeding and I have purchased many in hopes of breeding. Some worked out and some didn’t. I literally have 10 years of work and would like to know how to legitimize and claim it. Thanks!

  20. Hi Peter,
    Just one more thing. I was in an “tax professional chat” group and I brought up your dog as a home office expense idea. What I got was a court case where they sent the tax preparer to jail for that one–so–again, no. Here’s the court case, just in case. The dog expense is on pages 17-18. Granted, they’re claiming the whole of the dog expenses, but still the message was pretty clear that no–the dog won’t count. http://ia700505.us.archive.org/18/items/gov.uscourts.iasd.38340/gov.uscourts.iasd.38340.269.0.pdf
    I tried.

  21. Oh Peter,
    I want to say yes so badly (because my dog guards my house and I have a home office too!) But the answer is no. My son even refers to my dog as my secretary because she’ll sit on the sofa by the door and kind of stop him from coming in. The main difference between my dog and my real secretary is that my real secretary bites, the dog just looks at you. 🙂 (I’m gonna be in so much trouble for that comment.)

    Anyway, I can’t help you with the dog deduction, but check out this post, it might help you boost your home office deduction: http://robergtaxsolutions.com/2011/07/how-to-boost-your-home-office-deduction/

  22. My wife and I have legitimate home offices representing 14% in square footage used exclusicely for business. My question relates to our 100-lb pure-bred German shepherd who is our household pet and was never trained as a guard dog, but like all German shepherds, is by nature a very excellent watch dog. She gives alarm if anyone approaches the house, day or night, and alerts us if something is amiss in the house. With that background, can we calculate 14% of our dog food and vet expenses as a business expense to be included in home office expenses? Looking forward to your response.
    Peter Speth

  23. Hey Jodi,
    The $10,000 does sound excessive but let’s say that you had to repair the burglary system on your store–would that cost $10,000? I think it’s quite possible that you would spend that much. What you might want to do is depreciate the cost. I know that sounds crazy, but let’s say she got hit by a car and died. You’d have to replace the dog right? So it would be reasonable to purchase a dog and with the training would cost 8 – 10K so that would be a reasonable expense.
    Now, you might even be able to get away with 100% depreciation because the law allows that this year. So–do you need the deduction now or later?
    Part of me says it sounds crazy but I think you’ve got a legitimate expense.

  24. We own a cabinet shop that was robbed in 2006. We have two German Sheps that have spent 24 hour/day guarding our shop. They are working guard dogs. Recently one of them was hit by a car on the property while working. Broke her pelvis. We had to spend 10K on the surgeries to save her, but within a 608 weeks she will be back on “duty”! Can we claim the surgery as an expense? Seems excesive, but she is a guard dog and they sell dogs with her training for 8-10K dollars………..
    Thanks,
    Jodi

  25. Hey Mark,
    I’ve actually heard about the bill. Unfortunately, it never passed. There is no place on your 1040 to claim the deduction because you can’t. Sorry.

  26. Hi Brad,
    So I see you’ve noticed that some of the normal expenses of professional dog breeding are just not on the Schedule C are they? It’s okay–there are lots of other professions that have problems with the Schedule C as well.
    First–the easy answer: depreciation goes on line 13 of your schedule c. I recommend using a software program and not doing this by hand. If you claim depreciation, you also need a form 4562. If you’re using software, you’ll type in your assets–your dogs are assets. You’ll use the MACRS depreciation (there are lots of types of depreciation, but MACRS is the one most everybody uses. It’s pronounced “makers”.) When you use a good software program, you’ll input the type of asset, the date of purchase, the type of depreciation –that’s the MACRS, how many years to depreciate for –that’s 7. It will figure out the depreciation for you and will carry the numbers to the right forms for you. It’s worth the price of the software to have it done.

    No-where to put the vet bills. I would call it, Veterinary expense–and list in the other expense category. Other expenses are listed in part V on page 2 of the schedule C. That’s where I put anything that doesn’t “fit” the pre-listed categories.

    Hope your dog is doing better after the surgery.

  27. I have read your recommendations and will attempt to follow the 7 year depreciation rule for my two dogs. What line on Schedule C do I make the 7 yearr depreciation entry. Also, our female dog had to have surgery because she broke her knee to the tune of $1800. Where do I put that expense on schedule C.

    Thank you, Brad

  28. Hello,
    Can I claim a dog (purchase and running expenses) as a guard dog for the business address. It will live full time at the house our business rents, which is the office and workshop and storage. It is a Doberman.
    We are about to switch from sole trader to a company if that makes it any more acceptable.
    Thank you!

  29. Hey Melody–
    Just because you paid cash for your dogs doesn’t mean you can’t claim the expense. You must have a receipt–didn’t you get paperwork on the animals back when you got them?
    If not, that’s okay. You can claim the $300 income on a Schedule C or on line 21 of the 1040 for other income. Because of the dollar amount, it won’t affect your taxes either way. (You don’t pay self employment tax on amounts under $400.) Next year when you build your kennel and building–you’ll want to depreciate those expenses and definitely start on a schedule C.
    Congratulations!

  30. Over the past 4 years purchased 2 female and 1 male minature dashounds. Last year breed 2 and had 4 puppies keep 1 to replace 1 of the females and sold 3 others for 100 each. this was in my home. How do I go about claiming this income as a bussiness. I want to stay small bussiness thinking about when retire in few years.
    We paid cash for the dogs as pups they are registered. Planning on building a building and kennel this year. Because of paying cash for our dogs then we cant put them on start up cost. Should I wait until 2013 to claim start up.
    Thank you
    Melody

  31. Hi Lisa,
    Well the first thing I had to do was go check out a picture of a black mouth cur. (Sorry, I had to delete the link.)
    Awwwwwww. Total cuteness! Plus 5 kids. I can just see your kids running around with the puppies. Too cute!
    Oh wait, you’ve got a tax question. Sorry.
    Anyway. Personally–I like to take the purchase of the dogs and the costs of care before the first litter and save them up and roll them into “start up” costs. Use those start up costs the first year you actually have income.
    Here’s why–When you have a business–the IRS does not like to see $0. in the income column. And with dog breeders, you’ve got the additional problem of dogs also being considered a hobby. So you’ve got a double audit flag. That’s why dog breeders have to be extra careful. If you wait until you actually have income, you lose one of the audit flags. Now you may still show a business loss that first year you sell puppies–a business loss is okay. (Not every year, but for a start up.) But you’ll show revenue and that makes your business legit. If you claim your purchases now, and a year of care, before showing any revenue–then the danger of being labeled a hobby is much greater and you could lose all of your business deductions.

    Anyway, that’s my recommendation. If you ask another accountant–you’ll probably get a different answer. There’s a lot of gray to work with. It’s not like the IRS has a “white paper” for small dog breeders.

    If you do decide to claim your expenses this year, instead of putting them into start up costs from when your litters start to sell–I recommend depreciating your dogs like livestock –MACRS formula for 7 year life (hoping your dogs live more than 7 years–7 is the default for things that aren’t listed.) Don’t claim a section 179 100% expense deduction for the dogs. I just think you’d be screaming “Audit Me!” That’s a headache that a mom with 5 kids and 2 dogs just doesn’t need.

  32. We just purchased a breeding pair of Black Mouth Curs. The female is 11 mos and the male is 16 weeks. Because of her heat cycles and his maturity I wouldn’t consider breeding them until the end of 2012–so no puppies until 2013.

    We are new to this and though they were purchased with the intent to breed I do not envision it moving past this breeding pair–perhaps another female in a few years (I have 5 children and my hands are quite full). We do intend to make money–just not as much as a big breeding program (probably a litter per year).

    What are your recommendations for our taxes next year? What are the real expenses that can be deducted/depreciated (purchase price, food, vet, crates, pens, etc…)?

    Thank you.

    ~Lisa

  33. Hey Amy,
    Thanks for giving us the most interesting tax topic to discuss around the water cooler this week.
    Okay here’s the consensus:
    1. for business tax purposes–dogs are basically treated as livestock.
    2. cattle–that are purchased young and later sold for slaughter are treated as inventory.
    3. cattle that are purchased and used on the farm–such as for breeding or milk production are considered to be capital assest.

    You are buying the puppies and raising them and training them to sell for racing purposes, therefore, your dogs are inventory and belong on your schedule C, not your 4797.

    If you kept a dog and actually raced it, that would be a capital asset and you would report the sale of that dog on the 4797.

    I apologize for using the “cattle to slaughter” analogy because I find it really disturbing using that point of reference when talking about puppies (especially greyhounds, I love greyhounds) but that’s the closest IRS reference I could find that would be generally understood.

    Bottom line, the puppies should be considered inventory, not appreciable assets.

  34. I buy greyhound puppies for racing purposes, raise them, train them and then sell them. I’ve been putting them on my depreciation schedule and then take the expenses for raising them on my Schedule C. This year I sold those puppies for a sizable gain and I also have income that is directly for my Schedule C but overall I show a very large loss in my Schedule C because of the work I put into these puppies. So tentatively I’m showing a really big gain on my 4797 and a really big loss (but still $20k less than my total gain) on my Schedule C. My question is whether or not I need to be concerned about self employment tax. Or in other words, am I right to be considering these puppies as appreciable assets?

  35. Hi Tony,
    Sorry about replying so late. I was working on an audit. What makes me good at audit work is that I pretty much know what the IRS is looking for before they ask the questions. I tend to look at tax returns from an audit point of view (occupational thing.)
    In your case, I’m seeing a $0 income schecule C with expenses. That pulls you out of the “machine” filing and forces a human pair of eyes to look at your return. In many cases, that’s no problem, a first year business almost always has negative net income–and the $0 revenue could be acceptable. But zero revenue is an automatic second look.
    During the second look–the agent will review your expenses. What did you buy for your business? A puppy? If you’re in the business to breed dogs–why didn’t you purchase an adult bitch?
    Let’s say you get past this–next year you’re going to buy another puppy and still have zero revenue. Same process as before but now you’ve got two years of zero revenue with losses for purchasing puppies.
    Next question–how much money do you expect to make raising Maltese puppies? Are you doing this to make money? (Important note: the answer has to be yes.) The danger with claiming a business for your small litter dog breeding is that you’re really close to being a hobby. Being a hobby is fine–you just report your income differently and it’s almost impossible to write off your expenses.
    You’re talking about buying and raising puppies and holding them for over two years before they can breed–so you’re not really going to be a revenue generating business for two years. I call that start up costs because you’re not in business until you’re breeding.
    If you insist of starting an LLC, and filing as a business, then at least you are aware of the IRS risks. I recommend depreciating the dogs on a 7 year depreciation schedule because for IRS purposes, breeding dogs are considered livestock. You won’t find dogs under the agricultural MACRS tables so 7 years is the default lifespan. Depreciating the dogs, because you can’t expense them, gives you more credibility than a Section 179 deduction which would definitely raise flags on a puppy.
    Which is why–if you’ve really got a legitimate business, you’re better off waiting until you’ve got some income to be writing off the expenses against. You can write off $5000 of start up costs in the first year of your business and amortize the rest.
    I know I rattled off a lot of tax geek speak, but you kind of needed the geekier stuff. Bottom line: are you in the business to make money? The answer must be yes. When do you see the revenues starting? When do you see the profits starting? If your case goes to audit–that’s going to be what you’ll need to prover your case.

  36. So just so i understand a little better. I can have expenses in 2012 but not claim them until 2013? And since I do plan on selling the puppies why would it harm me to not wait to file as an LLC. As far as the taxes for the LLC, they would just be filed with my individual income tax correct?

    I checked the state and federal licensing requirements and I’m good to go with only one liter per year for state. And subdivision doesn’t have any restrictions, plus they are house dogs so am I overlooking something?

    Thanks for all the words of advise. I’ll post a pic as soon as I get her.

  37. Hi Tony,
    I would be a little conservative here. I would keep all the records of your purchase and vet bills etc. but I wouldn’t claim them on your tax return until you reach a point where you actually have income to write off. This covers your behind in two ways. 1. You won’t have tried writing off a hobby as a business expense (very frowned upon by the IRS, and 2. You’ll have all the information you need to write off your “start up” costs once you produce some income from the puppies.
    I wouldn’t go the an LLC designation unless and until you actually start selling dogs. And another caveat–make sure you check your neighborhood licensing laws before you declare your business. (I know someone who had a little problem with that.) Good luck. (And maybe you could post a picture of the puppy when you get her?)

  38. I’m interested in becoming a maltese breeder. I have read up on the breed, finace has owned the breed for years, and I am now ready to buy a female to get started. I want to start with a puppy then, by a male early next year. Reason being the female has to be older than the male for mating purposes. So the first year I won’t be able to breed, will I still be able to write off a portion of the expense for the female (purchase price, vet bill, etc.)? I only plan on being a low rate breeder….1-2 liters a year to start and no more than 2 breeding females later on. Is this ok? Also should I register as a sole proprieter (or something similar) or as a LCC?

  39. Hi KellyRae,
    My gut reaction is that it should be yes. They work at the daycare and they are used for your training classes–I’m guessing that you’re filing a Schedule C and I would count them as a business expense.–Especially–because the little girl dog got bit at work–that would be a business expense in my book.

    Remember, claiming dog expenses is always a risk–but I think you’ve got a legitimate claim here. I always like to sock the extra money saved by claiming something risky in the bank. That way, if you do have a problem–you’re covered. But–I also think you’ve got a legitimate claim.

    You can always divide–pet time versus work time as well. For example–the injury was definitely job related, but if you take your dog on vacation–well the costs for that would not be a business expense. You get the picture.

    As you go through your pet expenses, what would you pay for normally for your pet versus what additional costs do you incur because your dog is a working dog. Anything that you can honestly say is “for work” I would include that as a business expense.

  40. We are trying to figure out if we can claim our two personal dogs that “work” at our doggie daycare and training facility. They both have specific “jobs” at the daycare, for example they meet new dogs or show how to perform proper behaviors during training classes. Specifically we were wondering if we can claim their medical expenses. For example, our little girl dog got nipped in the ear and required medical attention. Is this something we can claim?

  41. Hi Brian,
    I think you’re asked a really good question. Actually, it’s a great question: how much should I profit before I claim it as a business? It’s really important to know. Here’s my answer: you don’t necessarily need to show a profit to go from being a hobby to being a business. Many businesses show a loss in their first, second, and often third years. Ideally, you want to work towards being profitable, but a loss is certainly acceptable in the early years.
    So what separates you from being just a hobby breeder? In your case, I’d say it’s intent for one. You’ve been breeding two litters a year, your planning to expand, and you’ve started a website. Those are clearly signs of someone who’s “in business” versus just being a hobby.
    Now here I’m just guessing, but I’d bet a box of Milkbones on it…I bet you know a lot about dogs too. That’s another key ingredient to being a real business.
    So why be a business instead of a hobby? For one thing, you can use your losses to offset your other income, that’s a big plus.
    So I’d call you a business. You’ll want to make sure you’re following all your local ordinances. (For example: I’m located in the city of Maryland Heights, so I have to have a Maryland Heights business license even though my address says Saint Louis.) It’s the little things that will trip you up, the big ones aren’t hard. You’ll be a sole proprietor, you’ll prepare a form Schedule C with your regular tax return. I’d prefer that you keep a separate checking account for the business (but there’s no law that says you have to.)
    I’ve got some other posts about small business basics and unusual tax issues for small businesses that might help you. I think you’re on the right track though.

  42. What if i am planning to expand my breeding program and i have currently been doing this 3 years producing two litters.. How much should i profit before i consider claiming the business on my taxes? And also do i need to have reciepts for my full bred bitches and my sire to claim them? My pups sell for between $400 and $600 dollars and we have a deposit list at all times waiting for litters.. also a website. Just need a point in the right direction of how to keep my program on the up and up!

  43. C.C. that’s a really good question. You’ve been in the business for 6 years and you took a bread from breeding in 2010. I’m thinking, that if you intend to breed them again, then it makes sense to still claim them. 1. You have a history of breeding them. 2. You intend to continue breeding them. And 3. I’m thinking that it probably makes sense for your bitch to take a year off for her health. I’ll be honest, I don’t really know if that’s true or not, but I certainly would use that argument if you got audited.

    So I guess it’s really a matter of what you’re thinking about for the future. If you were shutting down, I wouldn’t try to claim it, but if you’re continuing the business, then I’d say your expenses would be legit.

    Have you ever had a profit from breeding the dogs? That would certainly give you a stronger case. If you’ve got six years of losses, that would be a little more difficult to justify. (Horses are allowed 7 years of continuous losses but dogs don’t get the same benefit.)

    Sorry, you ask a question and I come back with a bunch more. Bottom line: if you’ve shown some profits in the past and plan to breed again, then I’d claim the expense. No profits or no plan–don’t claim.

  44. What about taking a deduction for my dog breeding business (been in it for 6 years) in 2010, when I didn’t breed the dogs in 2010? I took a break from breeding due to the economy, but there are still expenses related to keep the two breeding dogs healthy.

  45. That’s a good question Nadi. You’re kind of in the “borderline” area. Yes, you do use your dogs in your work but it’s not the main focus of your work. (At least I’m guessing that it’s not the main focus of your work.)

    Without looking at your actual figures, it’s kind of hard to gauge, but I would guess that it’s probably reasonable to you to claim grooming expenses for the dogs before photographing them, but not necessarily all of their expenses. Also, I’d be sure to claim the paraphanalia that goes with the photos. For example, if you’re posing the dog with a toy or something, the toy would be a business expense.

    To kind of give you a guideline, if your income from the cards is only $100 and the cost of owning the dogs is $5000, then that’s going to be too much of a reach. On the other hand, if you’re selling $5,000 worth of cards then you could probably justify all of your dog expenses.

  46. What about an artist that photographs her dogs for greeting cards. I don’t make much money at it, but I do sell the cards, and I am an artist by profession.

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