Hobby or Business? How the IRS Tells the Difference

Both kinds of income are taxable, but only a business can deduct expenses. The factors the IRS weighs and how to stay on the right side.

By Thomas P. Checked against IRS publications Updated

Selling a few paintings, flipping thrift finds or streaming games can be a hobby or a business in the eyes of the IRS. The label matters: a business can deduct its expenses, a hobby cannot — but income from both is taxable.

Why it matters

Business Hobby
Income taxable? Yes, on Schedule C Yes, as other income
Expenses deductible? Yes No, under current law
Self-employment tax? Yes, on profit over $400 No
Losses offset other income? Generally yes No

Hobby income avoids self-employment tax, but because hobby expenses can’t be deducted, you are taxed on gross receipts. For anything with real costs, being a business is usually better — as long as it genuinely is one.

How the IRS decides

The core question is whether you do the activity to make a profit. The IRS looks at factors including:

  • Whether you run it like a business, with separate accounts and records
  • The time and effort you put in
  • Whether you depend on the income
  • Your expertise, or whether you consult experts
  • Whether you change methods to improve profitability
  • Your history of profit or loss, and the size of any profits
  • Whether losses come from circumstances outside your control or a normal startup phase
  • How much personal pleasure or recreation is involved
  • Whether assets used in the activity might rise in value

No single factor decides it. There is also a presumption: if an activity made a profit in at least 3 of the last 5 years (2 of 7 for horse breeding and racing), it is presumed to be for profit.

How to look like — and be — a business

  1. Open a separate bank account and keep every receipt.
  2. Write down a simple plan: what you sell, to whom, at what price.
  3. Track time spent and results, and adjust when something doesn’t make money.
  4. Get any local licenses or sales tax registrations you need.
  5. Price for profit, not just to cover materials.

Reporting it

Business profit goes on Schedule C and Schedule SE; set aside for both income tax and self-employment tax using the set-aside calculator. Hobby income goes on Schedule 1 as other income. If you are unsure which applies, read taxes on side hustle income and talk to a tax professional before claiming large losses.