Written by Peter J. Sacopulos, JS. Originally posted on: The Trainer Magazine, Summer Sales 2021, issue 61, July 15, 2021
As a Thoroughbred trainer, you are running an equine-related business. But the IRS may decide you are merely enjoying an expensive hobby. If that happens, the agency will deny your business expense deductions and boost your tax bill. What guidelines should you follow to ensure that your activities are not miscategorized, and when is the law on your side?
A costly question
Here is a riddle for you: When is a business not a business? Before you answer, I should tell you that the Internal Revenue Service (IRS) is asking, not me. And with that, as is often the case when a tax collector asks a question, the wrong answer could prove costly. So, when is a business not a business? When the IRS says it is a hobby.
The question itself is valid. The United States Federal Tax Code taxes business income, among other things. In doing so, it allows any taxpayer who owns and runs a business to deduct all “ordinary and necessary expenses paid” during a tax year for “carrying on a trade or business.” However, the code also makes it clear that carrying on a trade or business means engaging in an activity to earn a profit, not because it is fun or enjoyable.
What does the IRS call engaging in an activity on a regular basis for the sheer pleasure of doing it? The same thing the rest of us do. “A hobby.”
Before Congress rewrote the federal tax code in 2018, some taxpayers might have been able to deduct certain hobby expenses. But they would have had to make money from the hobby, reported income and made sure their expenses qualified as miscellaneous itemized deductions under IRS rules. How many deductions does the current tax code allow for hobby-related expenses? Basically, none.
From pleasure to profit
Meanwhile, American popular culture bombards us with career advice, urging us to pursue our passion and follow our dreams. No wonder so many of us grow up fantasizing about wildly successful careers spent doing something we love. The budding guitarist dreams of becoming a rock star. The talented young artist, of selling paintings in Paris for millions. And the young man or woman with talent and skill for horses, of riding to victory in the Triple Crown. While dreams like these are longshots, they might come true. More realistically, they may lead to other careers. The grown-up guitarist teaches music lessons, for instance, while the artist works as a freelance children’s book illustrator, and the young horseman becomes a Thoroughbred trainer.
In each of these cases, the individual would be running a business that began as a hobby. Doing so might be their full time career, or a “side hustle” that supplements income from another job or business. These individuals may enjoy what they do a great deal. But once they start doing it to make money, their operating expenses are tax deductible. In other words, they are required to pay taxes only on their net profits (business income minus business expenses), not on the business’ gross profits (business income before the deduction of business expenses).
This means that items like the music teacher’s new amplifier, the illustrator’s new watercolor brushes and the trainer’s new tack may all be deducted, so long as the items are used for business purposes. The same applies to all other legitimate business expenses—from cellphones to facilities. And as the owner of any Thoroughbred-related business knows, expenses can add up quickly, especially when a business is starting up or expanding.
