Hobby or Business? Criteria for the I.R.S.
October 29, 2014
The I.R.S. wants to know you are a business. That's it, plain and simple. One way to prove this is it to make a profit. But if you are generating enough revenue to overcome all your expenses, there are several other criteria used by the I.R.S. to establish that you are a business.
A couple of articles in the news recently focus on artist Crile in a legal battle with the I.R.S. -- Crile v. Commissioner. The New York Times article explains why a Tax Court Ruling Is Seen as a Victory for Artists. Read it first.
Then the Forbes article, Artists Rejoice! Tax Court Concludes Painter's Activity Isn't A 'Hobby' gives more technical information that you can apply to your business. It includes the nine factors to differentiate a business from a hobby. The author doesn't exactly sound sympathetic to artists/makers. Keep reading...
Pages 2-4 get far more interesting with definite "Takeaways" for everyone in the arts that they can apply to their creative business.
Artists Rejoice! Tax Court Concludes Painter's Activity Isn't A 'Hobby'
More articles about hobby vs. business issues and the I.R.S. below:
Susan Crile Paints A Picture Of Tax Court Victory For Artists