facebook

Blog Post

Is Your Business a Hobby?

Renee Daggett • June 28, 2017

Is your business considered a hobby by the IRS?Know the rules, plan and strategize to prove you are afor-profit business.




Very frequently I get people asking me clarification on IRS rules that they heard from a friend, neighbor or colleague. Usually some part of the statement is true; however, there is always more to the story or it may not apply to that person’s specific situation. Who has heard the statement, “You can’t deduct a loss from business if it is more than 3 out of 5 years.”? Well, this is not the entire truth.

A person that conducts an activity for profit is allowed to deduct the expenses that are ordinary and necessary in that industry. If the expenses exceed the income, the amount can offset other income such as wages, interest or dividends. However, if your activity is a hobby, you cannot reduce your other income by the losses.

When your losses exceed the 3 year rule, the burden of proof now shifts to the taxpayer to prove the activity is a for-profit business.


Here are some factors to consider:
•The manner that you carry on the activity
•The expertise of the taxpayer in this industry
•The time and effort spent in the activity
•The taxpayers history and success in this industry
•The elements of personal pleasure or recreation



Here are some ways to ensure your for-profit business is not
considered as a hobby:
1. Keep thorough and professional books
2. Use a separate business bank and credit card account(s)
3. Log any personal use on assets, such as a camera
4. Research trends in similar businesses
5. Obtain insurance, registrations, certifications, licenses needed for that type of industry
6. Maintain a second phone listing for business
7. Document evaluations of your operation to attempt to improve the business’s profitability
8. Develop a written business plan and update it annually
9. Keep a detailed calendar of your business activities
I had a client that had a business of being a personal chef. This was not his primary way of earning income. He had a W-2 job with a local city. He did earn about $200-300 in income; however, his expenses were much more than that. Come to find out, he was hosting dinner parties at his home and wanting to write off the food, subscription to cooking magazines and seeds for his home garden.

If you are in doubt, just imagine yourself in front of an auditor explaining your specific situation. If it “feels” like the story above, it may not fly with the auditor, but that does not mean it is not a true business. What you need to do is plan and strategize. What can you do today to prove that you are a for-profit business?

Know the rules and then step out in confidence. And, don’t get tax advice from a friend because it might not be the whole truth!
Consult your tax preparer to confirm your specific situation qualifies!





Computer screen with
February 5, 2025
Protect your QuickBooks Online account from fraud by enabling multi-factor authentication (MFA). Follow our step-by-step guide to secure your financial data today.
January 24, 2025
The Supreme Court has ruled to reinstate BOI Reporting.
January 20, 2025
The recent wildfires in Los Angeles County have devastated communities, leaving thousands dealing with property loss, displacement, and financial uncertainty. In response, both the IRS and the State of California have granted tax deadline extensions and financial relief to help individuals and businesses recover.
January 7, 2025
The new year is here, and with it comes an important deadline for business owners: January 31, 2025. If you’ve paid independent contractors, service providers, or freelancers $600 or more in 2024, you may need to file a 1099 form for them. With the deadline just weeks away, now is the time to get organized. Filing your 1099s on time not only avoids penalties but also keeps your business in good standing.
December 30, 2024
The requirements for filing Beneficial Ownership Information (BOI) reports under the Corporate Transparency Act (CTA) have shifted yet again. As of December 26, 2024, BOI filing is not currently required, following an order from the Fifth Circuit Court of Appeals that restored an injunction against enforcing the CTA. However, this situation remains fluid and could change on short notice.
A reminder for end of the year accounting tasks for business owners
By Renee Daggett November 13, 2024
The end of the year is fast approaching! It’s time to wrap up those final tasks that can make a big difference in reducing stress and preparing your business for tax season. Here’s a handy checklist to help you complete important end-of-year to-dos: Record Your Vehicle’s Odometer Reading Note the odometer reading for any vehicles used for business. This is essential for calculating your business versus personal mileage usage. Ideally, you have a mileage log, but at the very least, an end-of-year reading will help determine your annual total. Count Your Inventory If your business holds inventory, you’re required to do a year-end count and record its value. This ensures accurate records for taxes and helps you start the new year on track. Collect W-9s from Vendors Check if you’ve paid any contractors or vendors over $600 throughout the year, as you’ll need to issue a 1099-NEC form for them or a 1099-MISC for rent or attorney payments. The IRS provides free forms (call 1-800-829-3676), but be sure to order early as they can take a couple of weeks to arrive. Back Up Your Data Make sure to back up all your data, especially financial records. Double-check that backups are copying correctly and consider keeping a second backup for added security. Verify Payroll Tax Rates For businesses with payroll, check if your state’s employment tax rates have changed for the upcoming year. You should have received a letter with any updated rates by early December. Send them to your payroll processing team ASAP. Copy Thermal Receipts Many receipts, like those from gas stations and office supply stores, are printed on thermal paper, which can fade over time. Make copies of these receipts, as the IRS requires readable details, not just credit card statements, in case of an audit. Schedule Corporate Minutes If applicable, make note of your corporate meeting dates for the coming year. Corporate minutes are often required annually, so it’s helpful to mark them in your calendar now. Review and Update Your Business Plan Reflect on your business goals. What are your revenue projections for 2024? Consider how they compare to 2023, and think about strategies to boost profits and streamline operations in the year ahead. Set a Closing Date in QuickBooks In QuickBooks, set a closing date and password to lock down your financial records, helping ensure accuracy and security for the year-end. Review Accounts Receivable and Payable Check your outstanding invoices and follow up with any clients who haven’t paid yet. Also, settle any bills you owe to maintain accurate records and cash flow. Assess Estimated Tax Payments Review your quarterly estimated tax payments to ensure they’re accurate. Making an extra payment by the end of the year can help avoid penalties and reduce next year’s tax burden. Evaluate Your Tax Deductions Look for any additional expenses you can deduct this year, like office supplies or software subscriptions. You may also want to contribute to retirement plans to maximize deductions. Analyze Business Expenses Go through your expenses to identify any unnecessary costs you could reduce or cut in the coming year. This can improve profitability and efficiency. Renew Business Licenses and Permits Check if any licenses or permits are expiring soon and renew them in advance. This helps avoid penalties and interruptions in business operations. Review and Update Employee Benefits Review your employee benefit plans, such as health insurance and retirement contributions, to ensure they’re competitive and compliant with regulations. Evaluate Your Financial Goals and Set New Ones Look at your business’s financial performance and set realistic goals for the next year. Whether it’s increasing revenue, reducing costs, or expanding services, setting measurable goals can help guide your strategy. Completing these tasks will help your business start the new year in a stronger position and make tax season that much smoother.
November 11, 2024
For businesses where tips and gratuities are common—such as salons, spas, or other service industries—knowing how to record these amounts correctly is essential. Tips need to be accurately recorded to ensure employees are paid properly and taxes are managed. Here’s a simple guide on handling tips in QuickBooks Online (QBO), with options to make your process as smooth as possible.
Grandparents learning about the tax liabilities of investing in their grand children.
September 4, 2024
Investing in your grandchild's future can be one of the most rewarding ways to secure their financial well-being. Whether you're contributing to a 529 College Savings Plan or setting up a UGMA/UTMA account, understanding the tax implications is key to maximizing your investment. Learn about gift tax exclusions, how to avoid the Kiddie Tax, and tips for using tax-advantaged accounts. This guide will help you make smart decisions for long-term growth while minimizing tax burdens. Discover how to invest wisely in your grandchildren's future! Read our complete guide now.
By Renee Daggett August 25, 2024
Want to save money in taxes WITHOUT working harder? One way is to shift income from a higher bracket taxpayer to a lower one or even a zero rate-bracket. Let me give you an example of how this can work.
August 20, 2024
One of the first big decisions you'll face when starting your business is choosing the right entity type. Each option has its own pros and cons, and the right choice depends on your goals, the size of your business, and how you plan to grow. Let’s break down the most common business structures to help you make an informed decision! Sole Proprietorship Pros: Simple setup, low cost, full control. Cons: Unlimited personal liability, harder to raise capital. Best for: Solo entrepreneurs testing the waters or freelancers who are just getting started. A sole proprietorship is the easiest and most straightforward entity to form. However, it offers no protection from personal liability, meaning that your personal assets could be at risk if something goes wrong. LLC (Limited Liability Company) Pros: Liability protection, flexible management, pass-through taxation. Cons: More paperwork than a sole proprietorship, state fees. Best for: Small businesses seeking liability protection without the complexity of a corporation. An LLC provides a shield for your personal assets, while still offering the benefits of pass-through taxation, making it a popular choice for many small business owners. It’s a step up from a sole proprietorship in terms of protection and formalities, but not as complicated as incorporating. If you have more than one business partner, a Multi-Member LLC might be a good fit. This structure offers the same liability protection and tax benefits, but allows for more than one owner, making it a flexible option for partnerships. S Corporation Pros: Tax benefits (no self-employment taxes on profits), liability protection. Cons: Strict operational requirements, limited to 100 shareholders. Best for: Small to mid-sized businesses that want to save on taxes and have plans to grow. The S Corporation structure allows small businesses to avoid the self-employment tax on profits, which can lead to significant tax savings. However, it comes with more rules and regulations, making it important to keep everything in compliance. C Corporation Pros: Unlimited growth potential, separate legal entity, ability to issue stock. Cons: Double taxation (on profits and dividends), complex regulations. Best for: Larger businesses or startups planning to go public or raise significant capital. A C Corporation offers the most potential for growth, with no restrictions on the number of shareholders or the ability to raise capital by issuing stock. However, it also comes with more complexity and the downside of double taxation, meaning profits are taxed at both the corporate and individual levels. Final Thoughts Choosing the right entity type is critical to your business’s future success. Consider your business goals, size, and potential for growth when making this decision. And remember, what works today might change as your business evolves—so it’s always a good idea to revisit your options as you scale. If you’re unsure which path is right for you, we’re here to help you navigate the process. Reach out for guidance and let’s ensure your business entity is the best one for you!
More Posts
Share by: