Hobby vs Business

If you are engaged in an activity that you do for the enjoyment of the activity but also make money, it is important to understand whether it is a business or hobby for tax purposes.  The Internal Revenue Service (IRS) has different tax treatment for businesses and hobbies. It’s important to understand the difference for the following reasons:

  1. Business expenses are deductible from business income, while hobby expenses are only deductible up to the amount of hobby income.
  2. Business losses can be used to offset other income, while hobby losses can only be used to offset hobby income.
  3. Business assets can be depreciated for tax purposes, while hobby assets cannot be depreciated.

If you are audited, the IRS may look at an activity that you consider a business and recategorize it as a hobby. If you wish to receive treatment as a trade or business, you should keep the following factors in mind:

  • Profit motive: The primary motivation for the activity must be to make a profit. If the primary motive is not to make a profit, the activity may be considered a hobby.
  • Regularity: The activity should be conducted regularly and continuously. If the activity is occasional or sporadic, it may be considered a hobby.
  • Businesslike Activities: The activity should be performed in a business-like manner and maintain accurate books and records. If the activity is performed in a casual or haphazard manner, it may be considered a hobby.
  • Time and effort: The activity should involve significant time and effort. If the activity is a minor or incidental part of the taxpayer’s life, it may be considered a hobby.
  • Historical success: Does the activity have a history of generating profits? If the activity has not generated a profit in prior years, it may be considered a hobby.
  • Reasonable expectations of profitability: The taxpayer must have a reasonable expectation of profitability in the future based on prior performance, market conditions, and other relevant factors. If the taxpayer does not have a reasonable expectation of profitability, the activity is considered a hobby.

These factors are not exclusive and the IRS will consider all relevant facts and circumstances in determining whether an activity is a business or a hobby.