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Money & Taxes

Is Creator Income a Hobby or a Business?

Whether the IRS treats follower payments, tips, and paid Q&As as a hobby or a business — the factors that decide it, and why the answer changes what you owe.

Updated September 2026

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Will the IRS read your creator income as a business? Its first factor is businesslike conduct — and a price, scope and delivery window you published before anyone asked looks nothing like a rate haggled out in DMs.

Brillay is a link in your bio where followers pay you directly for:

TipsPaid QuestionsCustom WorkPersonalized VideosGoals

The three-of-five-years presumption counts profitable years, and a monthly subscription can tip a slow one into a loss. Brillay has no monthly fee — its platform fee only comes out of money a follower has already paid you.

No monthly fee, you only pay a small platform fee when you get paid.

The IRS classifies creator income as a business, not a hobby, when the activity is carried on regularly with a genuine intent to make a profit — judged by facts and circumstances, not by dollar amount. Both classifications are fully taxable; the label mainly decides whether you can deduct expenses and whether self-employment tax applies. Tips let followers send a one-time thank-you, with nothing for you to deliver and no membership for them to join.

That answer rests on three federal sources. Treasury Regulation §1.183-2(b) supplies the nine-factor profit-motive test (26 CFR §1.183-2). Hobby income is reported as other income on Schedule 1 (Form 1040), line 8j (IRS, Schedule 1 (Form 1040)). Business income is reported on Schedule C, and Schedule SE is required once net earnings from self-employment reach $400 for the year (IRS, Instructions for Schedule SE).

There's no IRS form that asks "hobby or business?" directly. Instead, the classification falls out of a pattern of behavior: how you price and track requests, whether you're trying to improve results over time, and whether the activity has actually turned a profit in some years. A creator answering the occasional paid question for a friend looks different, on paper, from one who prices Custom Work consistently and treats the income as ongoing work.

What determines whether creator income counts as a hobby or a business?

The IRS applies a facts-and-circumstances test rather than a dollar threshold: creator income is a business when the activity is carried on in a businesslike way with a genuine profit motive, and a hobby when it is not. Treasury Regulation §1.183-2(b) lists nine factors weighed together, with no single factor controlling (26 CFR §1.183-2).

That test applies the same way to a creator's supporter income as it does to any other side activity — an Etsy shop, a freelance gig, a rental property. What matters is the pattern: do you price your offers deliberately, keep some record of what came in, and try to do more of what's working? Or is the money more of a byproduct of something you'd do anyway, with no real attempt to run it like work?

Why does the hobby-vs-business distinction actually matter?

Classification decides which form a creator files and whether costs are deductible; it does not decide whether the money is taxable. Hobby income is reported as other income on Schedule 1 (Form 1040), line 8j, while business income is reported on Schedule C and carries self-employment tax through Schedule SE.

In practice a "hobby" label isn't a discount. Hobby income still has to be reported, and ordinary hobby expenses generally cannot be used to reduce it as Schedule C business expenses. What a hobby classification costs a creator is the ability to net out a microphone, editing software, or a subscription against that income; what it saves is the 15.3% self-employment tax that applies to business net earnings (IRS, Self-employment tax). Which side is better for a given creator depends entirely on that creator's numbers, not on which label sounds more casual.

What factors does the IRS actually weigh to decide?

Treasury Regulation §1.183-2(b) lists nine factors: businesslike conduct and recordkeeping, the taxpayer's expertise, time and effort spent, expectation that assets will appreciate, past success in similar activities, the history of income or loss, the amount of occasional profits, financial status, and elements of personal pleasure (26 CFR §1.183-2). No single factor controls the outcome.

The IRS's own plain-language version of that regulation asks the personal-motive question directly:

"Does the taxpayer have personal motives for doing an activity, especially where there are recreational or personal elements involved?" (IRS)

Applied to a creator page, the businesslike side of the nine-factor test looks like: pricing offers deliberately, tracking what a Paid Question or Personalized Video actually earns, and adjusting based on what supporters respond to. The hobby-leaning side looks like: no pricing logic, no tracking, and no real attempt to change anything based on outcomes.

Does turning a profit in multiple years change the classification?

Yes, partly. Under 26 U.S.C. §183(d), an activity that produces a net profit in at least three of the last five consecutive tax years is presumed to be carried on for profit, which shifts the burden to the IRS to argue otherwise (26 U.S.C. §183). The three-of-five presumption is rebuttable in either direction.

An activity that hasn't yet hit three profitable years out of five isn't automatically a hobby either; it just doesn't get the automatic benefit of the doubt. A creator in year one or two of consistently priced Custom Work or paid Q&As, running at a loss while building an audience, can still be a legitimate business under the nine-factor test in Treasury Regulation §1.183-2(b) before the three-of-five-years mark is reached (26 CFR §1.183-2).

Can you deduct expenses if the IRS treats your income as a hobby?

Generally, expenses that would count only as miscellaneous itemized deductions cannot offset hobby income in 2026 or later years under 26 U.S.C. §67(g); ask a tax professional whether basis, cost-of-goods-sold, or another separately allowed deduction applies to your situation.

The current statutory text carries no end date:

"Notwithstanding subsection (a), no miscellaneous itemized deduction shall be allowed for any taxable year beginning after December 31, 2017." (26 U.S.C. §67(g), Office of the Law Revision Counsel)

Earlier guidance describing the suspension as running only "for tax years 2018 through 2025" reflects the pre-2025 version of §67(g) and is out of date for a 2026 return. The practical result for creators is unchanged and now permanent: a microphone, editing software, or a share of a phone bill used for hobby-level creator activity cannot offset hobby income, so hobby-classified supporter income is taxed on the full gross amount.

Does a hobby classification get you out of self-employment tax?

Yes, and that is the one upside. Self-employment tax applies to business net earnings, not to hobby income. The combined rate is 15.3% — 12.4% for Social Security plus 2.9% for Medicare — and Schedule SE is required once net earnings from self-employment reach $400 for the year (IRS).

Two details change how large that 15.3% layer actually is. Self-employment tax is computed on 92.35% of net profit rather than on gross receipts (IRS). The 12.4% Social Security component applies only to the first $184,500 of covered earnings in 2026, while the 2.9% Medicare component has no ceiling (Social Security Administration, Contribution and Benefit Base). A hobby-classified creator skips that layer entirely but pays income tax on gross receipts with no deductions and builds no Social Security earnings credit from the activity.

SituationHobbyBusinessSource
Income taxableYes, in fullYes, on net profitIRS, hobby vs. business
Expenses deductibleNo, and permanently soYes, on Schedule C26 U.S.C. §67(g); Pub. L. 119-21 §70110
Self-employment taxNoYes, 15.3% once net earnings reach $400IRS, Self-employment tax; Schedule SE instructions
Tax formSchedule 1 (Form 1040), line 8j, "other income"Schedule C plus Schedule SEIRS, Schedule 1 (Form 1040); Taxpayer Advocate Service, Hobby vs. business income
Profit in 3 of last 5 yearsPresumption unavailablePresumed carried on for profit26 U.S.C. §183(d)

Does a small amount of supporter income mean it's automatically a hobby?

No. There is no automatic dollar cutoff: $150 or $15,000 can be hobby or business income depending on the full pattern, including how you operate, your profit history, and the amount of occasional profits. Small amounts often reflect hobby-like patterns, but that correlation is not the test.

Classification is also, in the first instance, self-reported. The IRS processed almost 162.8 million individual income tax returns in fiscal year 2025. The IRS closed 497,621 tax return audits in fiscal year 2025, resulting in $26.8 billion in recommended additional tax. Whether income is taxable at all is a separate question from classification — see do you owe taxes if you only made a few hundred dollars. The same $300 can be hobby or business income, but the amount alone is not enough to classify it; consistent pricing, records, time spent, changes made to improve profit, and the other IRS factors all matter.

How should a creator selling Paid Questions or Custom Work think about this in practice?

Treat classification as a pattern check rather than a math problem: price offers deliberately, keep records of what each request earned, and adjust based on results. Those behaviors map onto the first and sixth factors of Treasury Regulation §1.183-2(b) — manner of carrying on the activity, and history of income or loss (26 CFR §1.183-2).

A creator who sets clear prices for Paid Questions, Custom Work, or Personalized Videos, keeps records of each payment, and adjusts based on results has evidence of businesslike conduct—even when the income is still small—but the IRS weighs all nine factors. Once that pattern is recognizable, it's usually worth checking whether quarterly estimated taxes apply and keeping an eye on the separate 1099-K reporting threshold, which is unrelated to the hobby-vs-business question but often comes up at the same time. Meeting the nine-factor test on paper is a separate question from when it's actually worth registering a formal business entity, which involves its own tradeoffs beyond tax classification — for how payments themselves work, see how Brillay works.

None of this is tax or legal advice — the nine-factor test is genuinely fact-specific, and a licensed tax professional can weigh in on a specific year's numbers in a way a general explainer can't.

Frequently asked questions

Is there a dollar amount that makes creator income a "real business"?

No. The IRS does not use a dollar threshold to separate hobby from business income; Treasury Regulation §1.183-2(b) instead lists nine factors, including businesslike conduct, expertise, time invested, and history of income or loss (26 CFR §1.183-2). A small but consistently priced and tracked creator offer can qualify as a business well before it generates significant revenue.

Do I owe self-employment tax on hobby-classified income?

No. Self-employment tax applies to business net earnings, not hobby income. The rate is 15.3% — 12.4% Social Security plus 2.9% Medicare — and it starts once net earnings from self-employment reach $400 for the year (IRS, Self-employment tax; IRS, Instructions for Schedule SE). Hobby income is still fully taxable as other income on Schedule 1 (Form 1040), line 8j.

Can I deduct equipment or software costs if my creator income counts as a hobby?

No. 26 U.S.C. §67(g) allows no miscellaneous itemized deduction for any tax year beginning after December 31, 2017, and the One Big Beautiful Bill Act (Pub. L. 119-21, §70110, enacted July 4, 2025) made that disallowance permanent instead of letting it expire after 2025 (Congress.gov, H.R.1 §70110). Deducting equipment or software requires business classification and Schedule C.

Does profiting in most years guarantee business classification?

It creates a presumption, not a guarantee. Under 26 U.S.C. §183(d), a net profit in three of the last five consecutive tax years presumes the activity is carried on for profit and shifts the burden to the IRS (26 U.S.C. §183). The presumption is rebuttable, and an activity without that profit history can still qualify as a business under the nine-factor test.

What does Brillay charge?

No monthly fee, you only pay a small platform fee when you get paid. 8% platform fee when a follower pays for work, 5% platform fee on tips and goals. Card processing is separate (Brillay pricing). There's no follower minimum. Stripe processing fees are deducted separately from what you earn, and the exact amount can vary.

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