According to the Internal Revenue Service (IRS), many taxpayers incorrectly classify a hobby as a business. These taxpayers then deduct expenses associated with the incorrectly classified activity resulting in approximately $30 billion per year in unpaid taxes. Intending to make a profit versus conducting the activity strictly for pleasure is what differentiates these activities according to IRS regulations.
The following questions should be addressed to determine if your activity should be classified a business or a hobby:
- Do you put time and effort into the activity with the intent to make a profit or do you conduct the activity only for pleasure?
- Do you depend on the income from the activity?
- Do you have or do you intend to gain the expertise needed to conduct the activity in a manner to show a profit?
- Have you made a profit in the past with similar activities?
- Has your activity made a profit in some years and do you expect to make a profit in the future?
- If there are losses, are they due to circumstances beyond your control or during the start- up years with your business and are you willing to change your method of operation in order to show a profit?
If you are able to answer these questions positively, then generally in the eyes of the IRS your activity is a business and you may deduct the associated expenses from the activity’s income within IRS regulations. Consequently, any losses from your business activity may be used to offset other income, again within IRS regulations.
In addition to the intent to make a profit, typically the IRS views any activity that makes a profit during three of the last five years to be a business. If activities which consist primarily of breeding, showing, training or racing horses show a profit for two years of the last seven, the IRS considers the activity to be a business.
Carefully examine the intent for your activity to determine its classification before deducting any losses against other income as the IRS is reviewing small business losses more carefully.