Definition of Hobby Loss
The IRS defines hobby loss as a loss from a company considered a hobby or recreational activity. When the agency claims to have spent it on a hobby, taxpayers cannot recover it. There are no losses for costs exceeding hobby revenue. Unlike business costs, these aren’t deductible.
The Process
Running a business requires spending money to make money. Costs related to running a business, generating profits, or investing in the firm are deductible. The loss might balance unrelated income if costs surpass profits, notwithstanding a profit motive.
You must declare all taxable income, even if it’s not from your employment. This includes part-time, temporary, and recreational labor that generates income. These activities’ loss-related expenses are usually deductible. Unless the IRS deems your activities a hobby,
The IRC hobby loss regulation aims to prevent hobbyists from abusing loss deductions. The hobby loss rule applies to individuals, S companies, trusts, estates, and partnerships, but not C corporations. This limits deductions to non-profit activities.
The hobby loss rule disallows losses from activities the IRS believes are not for profit. Three of the five tax years must show a profit. Horse racing has unique needs. Taxpayers must show business motivation for specific activities to escape hobby loss restrictions. Taxpayers should keep accurate records and receipts to prove profit intentions in every case.
Until 2025, the Tax Cuts and Jobs Act removed itemized miscellaneous deductions, including hobby losses.
Special Considerations
A guidance document from the IRS helps taxpayers separate hobbies from actual business activities. Before 2018, you may claim itemized deductions on Schedule A of Form 1040 from a hobby, not an undercover or embryonic company. As stated in the following categories, deductions were required:
- Taxpayers can fully deduct personal costs like mortgage interest and taxes.
- If gross revenue exceeds deductions from the first category, deductions for non-property-related expenses, including advertising, insurance premiums, and labor, may be taken next.
- Depreciation and amortization deductions in the last category are only taken if gross income for the activity exceeds deductions in the first two categories.
Tax Cut and Jobs Act
President Donald Trump signed the Tax Cuts and Jobs Act in 2017. The 200-page measure, effective January 1, 2018, introduced significant tax law changes, including tax brackets, mortgage interest deductions, medical costs, miscellaneous expenses, and itemized deductions.
How does this influence hobbyists? The TCJA eliminated taxpayers’ hobby income deductions for past tax years. This pertains to 2018–2025 tax returns.
Avoiding Hobby Loss
The TCJA removed miscellaneous itemized deductions, but avoiding the hobby loss rule after 2025 is crucial. Frequently making a profit is the best approach to avoiding hobby loss regulations. If an activity is lucrative for three of the five years ending with the current taxable year, the hobby loss rule assumes it is for-profit. The timeframe for horse-related acts is two of the prior seven years.
Without the assumption, the taxpayer must prove a profit motive. Nine elements determine hobby profits and losses:
- Does the taxpayer do business professionally?
- Are taxpayers experts or advisers?
- Do they put in enough effort?
- Creating an appreciable asset
- Are comparable initiatives successful?
- What is the history of activity income and loss?
- Were there occasional profits?
- Is there financial stability?
- Does this activity provide personal enjoyment?
A taxpayer without a profit or profit purpose is not in business.Hobby-loss regulations apply. Hobby costs that do not meet the three-tier deduction structure are not deductible. Losses from hobbies surpass hobby income and are non-deductible.
Conclusion
- The IRS defines a hobby loss as any loss from a hobby company.
- According to the IRS, your hobby is any activity you do for fun.
- The IRS must receive all income, including hobby income.
- Taxpayers might deduct some activity losses if they didn’t exceed gross income before 2018.
- Between 2018 and 2025, the Tax Cuts and Jobs Act abolished all itemized miscellaneous deductions.