1977988
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Attend our Ask the Experts event about Tax Law Changes - One Big Beautiful Bill on Aug 6! >> RSVP NOW!
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

What happens if the IRS says my business is a hobby in there eyes?

The IRS says your business activity needs to make a profit 3 out of 5 years otherwise they could audit and possibly treat the business as a hobby EVERY YEAR you have filed.

A) Is profit or loss the ONLY thing they look at? What about having good records for schedule C on Part I income and Part II expenses, a state business license, and the time spent on this business?

B) EVERY YEAR could be treated as a hobby; including years that had a profit?

C) If prior years are treated as a hobby, what is disallowed; ALL income, and ALL expenses or only some of these are disallowed?

D) Once they say the business is a hobby can it be changed back to a business later on?

E) How / where will my ‘hobby’ income and expenses be reported in future years?

F) What Turbo Tax Product would be best to use?

Thanks for your help.

x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

2 Replies

What happens if the IRS says my business is a hobby in there eyes?

A) Is profit or loss the ONLY thing they look at? What about having good records for schedule C on Part I income and Part II expenses, a state business license, and the time spent on this business?

there is reg 1.183-2(b) which contains factors the IRS would look at

https://www.law.cornell.edu/cfr/text/26/1.183-2 

 

strategy

keep thorough and businesslike books

use a separate bank account for the business

keep good records as to personal and business use of assets such as equipment, vehicles, etc

research market/technology trends in similar businesses

obtain insurance, registrations, certifications, licenses, etc. that are need for the business

document periodic evaluations of operations to attempt to improve profitability

develop a written business plan and update it annually

 

B) EVERY YEAR could be treated as a hobby; including years that had a profit?

yes 

 

C) If prior years are treated as a hobby, what is disallowed; ALL income, and ALL expenses or only some of these are disallowed?

 

Activity not for profit. You must include on your return income from an activity from which you don't expect to make a profit. Enter this income on Schedule 1 (Form 1040), line 8. Deductions for expenses related to the
activity is limited to $0 for 2018-2025. 

 

D) Once they say the business is a hobby can it be changed back to a business later on?

yes you can but you bear the burden of proof and that would likely start with the first year you again treat it as a business. if you can't convince the IRS operations are now not a hobby you risk substantial penalties. 

 

E) How / where will my ‘hobby’ income and expenses be reported in future years?

see C) 

F) What Turbo Tax Product would be best to use?

you can't use the free version. it does not provide for schedule C (you treat it s a business) or schedule 1 (you treat it as a hobby)  

 

the upside to a hobby is no there is no Self-employment tax on the income. 

 

another thing. not a hobby - in some cases the operations are continually unprofitable, however, the value of the assets including goodwill are increasing so if the business were sold there would be an overall profit.  

What happens if the IRS says my business is a hobby in there eyes?

My friend filed as sole proprietor for six years. never made a dime and took deductions., including various bookkeeping errors.

Finally quit and closed it out.

IRS never audited.

Unlock tailored help options in your account.

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question