So, how do you distinguish between a business and a hobby? In making the distinction between a hobby or business activity, take into account all facts and circumstances with respect to the activity. No one factor alone is decisive. You must generally consider these factors to establish that an activity is a business engaged in making a profit:
- Whether you carry on the activity in a businesslike manner.
- Whether the time and effort you put into the activity indicate you intend to make it profitable.
- Whether you depend on income from the activity for your livelihood.
- Whether your losses are due to circumstances beyond your control (or are normal in the startup phase of your type of business).
- Whether you change your methods of operation in an attempt to improve profitability.
- Whether you or your advisers have the knowledge needed to carry on the activity as a successful business.
- Whether you were successful in making a profit in similar activities in the past.
- Whether the activity makes a profit in some years and how much profit it makes.
- Whether you can expect to make a future profit from the appreciation of the assets used in the activity.
3. Limits on Expenses. As a general rule, you can
only deduct your hobby expenses up to the amount of your hobby income.
If your expenses are more than your income, you have a loss from the
activity. You can’t deduct that loss from your other income.
4. How to Deduct Expenses. You must itemize
deductions on your tax return in order to deduct hobby expenses. Your
costs may fall into three types of expenses. Special rules apply to each
type.
Yes, Hobby rules can be complex but we can help to make filing your tax return easier no matter where you are in the USA. There are some self-help tools available from the IRS; however, we've all at some point learned that there are some things that we shouldn't try to figure it out on our own...seek the help of a professional tax preparer!