Hobby vs. Business?

The dictionary defines a hobby as an activity or interest pursued outside of one’s regular work primarily for pleasure. For tax purposes, however, “hobby” means much more. The IRS defines a hobby as an activity not engaged in for profit. That profit motive is the defining line between what the IRS calls a hobby and what qualifies as a trade or business.

If you routinely report losses and cannot demonstrate a genuine intent to earn a profit, the IRS may reclassify your activity as a hobby. When that happens, you may lose valuable tax deductions and face back taxes, penalties, and interest. It’s crucial to understand your activity’s status for protecting yourself during an audit and for proper tax planning.

Understanding the Profit Motive Test

The IRS considers nine key factors to decide whether an activity is carried on for profit. Each factor helps reviewers focus on intent, since even legitimate businesses sometimes operate at a loss. Ask yourself:

1. Do you put significant time and effort into earning a profit?
2. Do you depend on income from the activity?
3. Are losses due to circumstances beyond your control or are they part of a startup phase?
3. Have you adjusted operations to improve profitability?
4. Do you have business expertise or use qualified advisors?
5. Have you earned a profit in similar ventures before?
6. Does the activity generate profit in some years?
7. Do you expect profits from appreciation of assets?
8. Does the activity provide substantial personal enjoyment or recreation?

The IRS reviews all factors collectively, not in isolation. Documenting your businesslike approach strengthens your audit defense.

Profit Years and Presumptions

There’s a presumption in your favor if your activity makes a profit in at least three of the last five years (two out of seven years for horse-related activities). Meeting this threshold presumes for-profit intent—though the IRS may still challenge you if facts don’t support a business operation.

If you meet this presumption, your income and expenses are generally reported on Schedule C, E, or F. Note: LLCs and S corporations may still be subject to hobby loss rules; only C corporations (including LLCs taxed as a C corporation) are generally exempt.

Financial and Recordkeeping Best Practices

To be treated as a business, you must operate like one. That means keeping precise records, opening a dedicated business checking account, never paying personal expenses from business funds, and documenting all customer interactions. Sales receipts, invoices, advertising, and correspondence can all demonstrate your profit motive.

A written business plan is also key evidence. It should outline goals, strategies, projected income, and expenses. Update it as you grow—this strengthens your audit protection and helps uncover new opportunities.

IRS Enforcement and Audit Protection

Congress has directed the IRS to scrutinize taxpayers who misclassify hobbies as businesses. Audits are common when deductions are claimed for loss-heavy activities. If you receive an audit notice, don’t respond before consulting your tax attorney or CPA.

Audit defense strategies include demonstrating businesslike conduct, consistent improvement efforts, and keeping clear records showing that profit is your aim. Contemporaneous documentation (like receipts, ledgers, and marketing) can make all the difference.

Options If the IRS Reclassifies Your Activity

If the IRS decides your activity is a hobby, you have several options:

Accept the IRS finding and amend prior returns.
Appeal through the IRS Appeals Office to resolve without litigation.
Dispute the determination before the U.S. Tax Court.

Proactive planning is the best strategy—addressing these issues before they arise saves stress, time, and money.

Helpful Resources

IRS Small Business and Self-Employed Center: Information on recordkeeping, deductions, and business basics.
SCORE: Free mentoring, workshops, and guidance for entrepreneurs from business experts.

Struggling with the hobby vs. business distinction? Consider consulting with a tax professional for audit protection and peace of mind.

Attorney Timothy Hart

Timothy S Hart, the founding partner of the tax law firm of Timothy S. Hart Law Group, P.C. is both a New York Tax Lawyer & Certified Public Accountant. His area of expertise includes innovative solutions to solve your Internal Revenue Service and New York State tax problems, including tax settlements through the Federal and New York State offer in compromise programs, filing unfiled tax returns, voluntary disclosures, tax audits, and criminal investigations. [ Attorney Bio ]