Anybody ever use scuba gear for a tax deduction?

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Last year my husband & I took some leadership courses. This year he is a qualified instructor while I am an AI. The accountant (H & R Block) did not want to risk deducting our education costs from last year until we had actually made our first dollar for SCUBA. I have heard about giving our volunteer services as being a donation, but I don't think he knew how to defend that train of thought, so we didn't force the issue. I sure hope we will have made some cash with it this year. Having deducted art expenses for the past 15 years for my art career, I am familiar with the need to define the difference between "hobby" & "job." It becomes tougher when what you have is a "jobby." One thing to keep in mind is that u can't keep having "business losses" indefinitely. Every so many years, you must show a profit or seriously risk audit.

:wink:
 
As a CPA in tax practice, I just wanted to add some insights to this discussion. Although I do not have any dive professionals as clients, the principles and requirements covering this area of tax law are fairly well established.

1. The IRS will apply hobby loss rules as far as allowing losses on a reported business activity (Schedule C Sole Proprietorship) so the taxpayer will have the burden of proving that he is engaged in the activity with the intent of making money. Typically, however, the rule is that the taxpayer must show a profit 2 out of 5 years before risking hobby loss limitations. This, however, is subject to auditor judgement at any time.

2. Both DMs and Instructors can potentially operate Schedule C businesses. DMs can lead and organize dives and dive trips. Instructors can do this as well as providing lessons.

3. The costs of instruction to obtain DM or Instructor certification are not deductable business expenses in that these qualify you for a new occupation and are not intended to enhance your existing occupation. However, if you are already certified as an instructor, courses you take to add specialties i.e. adding nitrox instruction would be deductable.

4. The costs for equipment must be depreciated unless you have sufficient revenues to elect section 179 expensing. I haven't checked, but I suspect scuba equipment would be 3 or 5 year property meaning you would have to recover the cost over this period. Also, if you only have one set of equipment then you will need to determine the business percentage use to determine the amount which may be depreciated. If you use separate equipment for instruction, then you can deduct this 100%.

5. I don't know what folks were talking about taking a charitable deduction on the use of scuba equipment. Unless you donate the equipment itself to a charitable organization, merely using it while engaging in charitable activities is going to be a mighty stretch which will likely not survive an audit. If you used the equipment exclusively for charitable purposes, there maybe some portion that could be depreciated, but don't count on the IRS allowing it.

These are merely my observations and should not substitute for consultation with a tax professional regarding your particular situation. Just remember that all deductions and their allowability are subject to audit, however, the risk of being selected for audit is generally low, unless you are engaged in some activity that generates audit red flags.
 
That was the most amazing post! Thanks so much for your insight. Let me expalin what I meant about the charitable donation thing (perhaps I did not understand my collegues' description in the first place. Either way, your thoughts would be appreciated.)

One of my fellow artists had been told that the time he donates as an artist to charitable causes could be written off as a non-cash donation (ie: if he charges $25/hr at work, and he gives 10 hours to doing art services for an at-risk youth program, he has donated the equivalent of $250.)

What I am interested in finding out is if I am a DM & do underwater clean-ups, can I claim the time at the rate I would charge to DM as a donation? Thanks so much for your consideration.
 
Art.chick...

The quick answer is NO, you can not deduct a dollar amount for your time. You CAN deduct travel and reasonable expenses for any volunteer work. This is especially true if you are a "key" leader within the organization.

I volunteer a zillion hours a year with the Boy Scouts. I am a Venture Crew Advisor, an Assistant Scoutmaster, and I serve on both the district and council levels. Everything I spend to be a leader (uniforms, camping food, etc) is fully tax deductible. While some gear IS deductible (gear for the unit), not all can be (like a personal tent). While I can deduct -MY- travel expenses, I can not deduct those for my son.

To me it’s a matter of honor. I will only deduct that which I KNOW was used solely for the units I am involved with. I have seen some who use this to skirt taxes and that is just wrong... especially if it is for something like the BSA where the first Scout Law is... A Scout is Trustworthy! Now, I am not insinuating that your friend is doing THIS... I just feel it should be brought up whenever volunteering and taxes are discussed. I do have a guide for taxes and Scout Leaders if any should want it. It would probably apply to volunteering for most charities. I did not write it, but I review it every year before I start my taxes.

BTW, I think that the BEST thing Pres Bush has done so far was to ask each and everyone one of you to donate 2 years worth of your time for public service. I passed that mark several years ago, and still can find ways to assist. So, if you are looking for some way to help in the Central Florida Area, just PM me. I am still looking for qualified DMs and other divers to assist my Venturing Crew. (end of rant)
 
I wish I could...=-)
 

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