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Is it a Hobby or a Business?

From the IRS summer tax series. I really love these tips.

Summer is a time many Americans take their fishing poles and gardening tools out of storage. Hobbies – such as woodworking, stamp collecting and scrapbooking – are often done for pleasure, but can result in a profit.

If your favorite activity does make a profit every year or so, there may be tax implications. You must report income to the IRS from almost all sources, including hobbies.

Here are eight questions that will help determine if your activity is a hobby or a business.

Is the purpose of your activity to make a profit? Generally, your activity is considered a business if it is carried on with the reasonable expectation of earning a profit.

Do you participate in your activity just for fun? Hobbies – also called not-for-profit activities – are those activities that are not pursued for profit.
Do you depend on income from the activity? If so, your activity is likely considered a business.

Have you changed methods of operation to improve profitability? If so, your hobby may actually be a business.

Do you have the knowledge needed to carry on the activity as a successful business? People who carry out hobbies just for fun, often don’t have the business acumen to turn their not-for-profit activity into a profitable business venture.

Have you made a profit in similar activities in the past? This may indicate your activity is a business rather than a not-for-profit hobby. An activity is presumed carried on for profit if it makes a profit in at least three of the last five tax years, including the current year – or at least two of the last seven years for activities that consist primarily of breeding, showing, training or racing horses.

Does the activity make a profit in some years? Even if your activity does not make a profit every year, it still may be considered a business.

Do you expect to make a profit in the future from the appreciation of assets used in the activity? This indicates your activity may be a business rather than a hobby.

If your activity is not carried on for profit, allowable deductions cannot exceed the gross receipts for the activity. If you are conducting a trade or business you may deduct your ordinary and necessary expenses.

More information about not-for-profit activities is available in Publication 535, Business Expenses, available on the IRS.gov Web site or by calling 800-TAX-FORM (800-829-3676).

Link: IRS Publication 535, Business Expenses

The IRS Explains How Their Guidance Works

[Stacie says: The Internal Revenue Service issues many different forms of guidance materials. The following is a list of materials and their explanations. If you are a new CPA or a college student, I encourage you to click through and learn how it all works.]

IRS Guidance in Plain EnglishThis is a starting point for understanding some of the basic guidance issued by the IRS.

Internal Revenue Bulletins (after June 2003) ( after June 1995 – PDF only)The Internal Revenue Bulletin (IRB) is the authoritative instrument of the IRS for announcing all substantive rulings necessary to promote a uniform application of tax law. Issues after June 2003 are available in both HTML and PDF formats; earlier issues are in PDF only.

Advance NoticesThe IRS sometimes releases Rulings, Procedures and other technical items in advance of publishing them in the Internal Revenue Bulletin. The full text of these advance notices is available in PDF format. This list’s filenames are based on the items’ designations — for example, Announcement 2003-40 is “a-03-40,” Notice 2003-30 is “n-03-30,” Revenue Procedure 2003-50 is “rp-03-50” and Revenue Ruling 2003-60 is “rr-03-60.”

Tax RegulationsIn addition to the regulations that interpret the tax laws, there are links to various technical resources.

Internal Revenue CodeThe codified collection of U.S. laws on income, estate and gift, employment and excise taxes, plus administrative and procedural provisions.

IRS Written DeterminationsRulings or determinations issued by the IRS, including Technical Advice Memoranda and Chief Counsel Advice. Sorted by most recent publication number, the listing may also be sorted by Uniform Issue List codes.

Electronic Reading RoomA collection of links to published guidance, rulings, administrative manuals and other items.