06/04/2026
Tax Tip of the Week 4-30
Do I Have a Hobby or a Business?
There is a difference in the eyes of the IRS between a business and a hobby, and that difference can have a significant impact on your tax return.
If you enjoy reading IRS regulations in your spare time (and if you do, we should probably talk), here is the official guidance on Activities Not Engaged in for Profit:
https://www.ecfr.gov/current/title-26/chapter-I/subchapter-A/part-1/subject-group-ECFRcc67ec453a5e514/section-1.183-2
The IRS considers several factors when determining whether an activity is a business or a hobby:
• Is there an intent to make a profit?
• Is the activity carried out like a business with complete and accurate books and records?
• Do the taxpayers and their advisors have the knowledge needed to carry out the activity as a successful business?
• How much time and effort is devoted to the activity?
• Are operations adjusted to improve profitability?
• Does the taxpayer depend on income from the activity for their livelihood?
• Are losses due to circumstances beyond the taxpayer's control, or are they normal during the startup phase?
• Has the activity made a profit and, if so, how much?
• Can the taxpayer expect to make a future profit from appreciation of assets used in the activity?
Why does this matter?
A taxpayer operating a legitimate business may deduct ordinary and necessary business expenses, even when those expenses exceed income and create a loss.
A hobby is different. Hobby income is generally taxable, but hobby expenses are generally not deductible for federal income tax purposes.
The line between a hobby and a business is not always obvious. If you have an activity that generates income, it is a good idea to work with a qualified tax professional to ensure it is reported correctly.
I do read IRS regulations and Tax Court cases. Here are two fairly recent Tax Court cases on this topic: Kolar v. Commissioner (T.C. Memo. 2026-15), where the Court sided with the taxpayer, and Young v. Commissioner (T.C. Memo. 2025-95), where the Court sided with the IRS. In each case, the Court applied the nine-factor profit-motive test.
We speak (and read) tax so you don't have to.
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