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Hobby Loss Rule

The IRS test (IRC §183) that decides whether an activity is a business — whose losses can offset other income — or a hobby, whose losses cannot.

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Tax & Compliance

The hobby loss rule (Internal Revenue Code §183) is the IRS test for whether your making-and-selling is a business or a hobby. The distinction has teeth: a business can deduct losses against other income, while a hobby generally cannot, so being reclassified as a hobby can erase deductions you were counting on.

The IRS weighs factors like a genuine profit motive, businesslike record-keeping, the time and effort you put in, your expertise, and your history of profit. IRC §183(d) goes further and creates a rebuttable presumption that the activity is a business if it shows a profit in at least three of five consecutive years — a specific statutory test that shifts the burden to the IRS, not just an informal guideline. No single factor decides the broader question; the agency looks at the whole picture (see Treas. Reg. §1.183-2 and the IRS hobby-vs-business guidance).

The practical defense is to operate like a business from day one: a separate account, deliberate records, and a real intent to profit. Maintaining clean books — which is what an inventory-and-transaction system is for — is itself evidence of business intent. Confirm your situation with a tax professional.