Reseller tax guide

Hobby or business? What the IRS says about eBay selling.

The IRS describes the difference between a hobby and a business as a question of facts and circumstances, with no single deciding factor. This guide summarizes the questions the IRS lists, what a 1099-K amount does and does not show, and which records relate to each question.

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Not tax advice. General information only: not tax, legal, or financial advice. Tax rates, forms, and rules change and vary by state, locality, and your situation. Confirm with the tax agency or a qualified tax professional before relying on it. Strooply is software from The Stroop LLC. It is not a certified public accounting firm, tax advisory service, enrolled agent or law firm, and nothing on this page creates a professional relationship with you. The full disclaimer and limits of liability are in the Terms of Service. By using this page, you agree to those terms. See something wrong? Report an error.

Last reviewed: October 24, 2026. Rules, rates, thresholds, and forms change and vary, so this page may not reflect the latest version. Some IRS pages cited here are marked archival.

The question

What the IRS means by hobby and business

The IRS draws the line by purpose. In its tax tip on the subject, it says businesses operate to make a profit while hobbies are for pleasure or recreation, and that no single factor decides which one an activity is.1 Whether a particular seller's activity is one or the other is a question about that seller's own facts. This page does not say which category any reader is in, and a qualified tax professional is the place to ask.

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What the IRS looks at

The questions the IRS lists

The IRS tip lists these questions. They are descriptions of what the IRS looks at, and none of them is a test with a score:1

  • Does the taxpayer run the activity in a businesslike manner, with complete and accurate books and records?
  • Does the taxpayer put in time and effort that point toward making a profit?
  • Has the activity made a profit in some years, and how much?
  • Is the taxpayer expecting the assets used in the activity to appreciate in value?
  • Does the taxpayer depend on income from the activity?
  • Are losses due to circumstances beyond the taxpayer's control, or normal for the start-up phase of a business?
  • Has the taxpayer changed methods of operation to improve profitability?
  • Do the taxpayer and the taxpayer's advisors have the knowledge needed to carry on the activity as a successful business?

Because no single factor decides the question, the answers are read together. Records that relate to these questions include dated sales, purchase receipts, and mileage logs for buying trips. Records are one input among many, and they do not decide how an activity is classified. For where business income and expenses appear on a return, see the Schedule C overview.

The Treasury regulations on activities not engaged in for profit (Treas. Reg. 1.183-2) also list factors, and this page has not reproduced that list. A tax professional can explain how the regulation applies to specific facts.

The statute

The profit presumption: three of five years

Section 183(d) of the Internal Revenue Code says an activity is presumed to be engaged in for profit if its gross income exceeds its deductions in 3 or more of the 5 consecutive tax years ending with the current year, unless the Secretary establishes otherwise.2 The statute sets a different period, 2 of 7 years, for activities that consist of breeding, training, showing, or racing horses.2

That wording describes a presumption that the IRS can rebut, not a result a seller reaches by meeting a count. The IRS tip above does not mention it. How the presumption applies to a given seller is a question for a tax professional.

Reporting

Hobby income is still income to report

The IRS says that all income, no matter the amount, is taxable unless the tax law says it is not, whether or not a Form 1099-K is received.3 For income from a nonbusiness activity, the 2025 Schedule C instructions refer the reader to the Schedule 1 instructions for line 8j.4 Line numbers change from year to year, so the instructions for the relevant tax year are the place to confirm the line. This page does not describe how expenses of a hobby are treated, because that point is for a tax professional to confirm.

Form 1099-K

What a 1099-K amount does and does not show

The IRS says a third-party settlement organization is not required to file a Form 1099-K for a payee unless the gross amount of reportable payments exceeds $20,000 and the number of transactions exceeds 200. Both conditions apply, and the IRS says the One, Big, Beautiful Bill reinstated that threshold.35 For payment card transactions, the IRS says there is no threshold amount that must be met to receive a Form 1099-K.3 States can set lower thresholds, and the 1099-K guide covers the form in full.

The amount on the form is a gross payment total. It is not a profit figure, and it does not indicate whether an activity is a hobby or a business. A seller's own records are what show costs, fees, and refunds behind the total.

Personal items

Selling personal items at a loss

The IRS FAQs on common situations describe reporting the combined Form 1099-K amounts in the entry space at the top of Schedule 1 (Form 1040). They also say that when reporting sales of personal items at a loss, a taxpayer may instead report the transactions on Form 8949, which carries to Schedule D.6 The earlier 2022 and 2023 instructions used a different place on Schedule 1, so the instructions for the tax year matter.6

Inventory bought to resell is a different matter. The Schedule C instructions describe tracking the cost of goods sold for a business that sells products, and the cost of goods sold guide covers that side.4 Strooply keeps purchase receipts linked to items, so the cost side of each sale is on file. See the eBay profit tracker for how costs sit next to sales and eBay charges. How a particular sale is classified depends on the facts, and a tax professional can advise.

Strooply is record-keeping software. It does not prepare or file tax returns, refund claims, or other filings, it is not a tax preparer, and its figures are estimates to check against your own records.

Before a conversation

Questions to take to a tax professional

  • How do the IRS's listed questions apply to my selling, given my records and history?
  • How does the three-of-five-years presumption apply, if at all, to my situation?
  • Which of my sales were personal items, and which were inventory bought to resell?
  • How should I reconcile the Form 1099-K total with my own sales records?
  • Where does income from a nonbusiness activity go for my tax year, and how are its expenses treated?
  • What records would be useful to bring?
Questions

Hobby or business FAQ

Does the IRS have a single test for hobby or business?

No. The IRS says no single factor decides the question. It lists questions about the way an activity is run, the time spent, the profit history, and the taxpayer's expertise.1

If my eBay sales showed a profit in three of five years, is that the answer?

The tax code presumes an activity is engaged in for profit when its gross income exceeds its deductions in 3 or more of 5 consecutive years. The statute adds "unless the Secretary establishes otherwise," so the presumption can be rebutted. A tax professional can explain how it applies to specific facts.2

Is a 1099-K amount for items sold at a loss taxable?

The IRS says all income is taxable unless the tax law says it is not, and the 1099-K amount is a gross total, not a profit figure. For personal items sold at a loss, the IRS describes entering the form amount on Schedule 1 and the option to report the sales on Form 8949.36

What is the federal 1099-K threshold now?

The IRS says a platform is not required to file unless payments exceed $20,000 and the number of transactions exceeds 200. Payment card transactions have no threshold. State thresholds can be lower.35

Where does hobby income go on the return?

The Schedule C instructions point nonbusiness income to the Schedule 1 instructions for line 8j. Check those instructions for the tax year.4

Does keeping records change how the IRS treats my activity?

One of the IRS's listed questions is whether the activity is run in a businesslike manner, with complete and accurate books and records. Records are one factor among several. Strooply helps keep records, and it does not decide how any activity is classified.1

Records

Where Strooply fits

Strooply keeps records. These pages cover the ones related to this guide.

Strooply is record-keeping software, not a tax preparer. Confirm anything about your own taxes with a qualified tax professional.

Keep your records in one place

Strooply is an app for eBay resellers that identifies items from photos, shows live comps and sold-price estimates, drafts eBay listings for your review, and tracks costs and profit.

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Sources

Where these facts come from

  1. IRS Tax Tip 2023-61, Hobby or business: here's what to know about that side hustle (May 3, 2023; marked archival; checked October 24, 2026), irs.gov/newsroom
  2. 26 U.S.C. 183, Activities not engaged in for profit (a statute, not an IRS page; checked October 24, 2026), law.cornell.edu/uscode/text/26/183
  3. IRS, Form 1099-K FAQs: General information (page last reviewed April 3, 2026; checked October 24, 2026), irs.gov/newsroom/form-1099-k-faqs-general-information
  4. IRS, Instructions for Schedule C (Form 1040), 2025 (checked October 24, 2026), irs.gov/instructions/i1040sc
  5. IRS, FAQs on Form 1099-K threshold under the One, Big, Beautiful Bill (IR-2025-107, October 23, 2025; marked archival; checked October 24, 2026), irs.gov/newsroom
  6. IRS, Form 1099-K FAQs: Common situations (page last reviewed May 11, 2026; checked October 24, 2026), irs.gov/newsroom/form-1099-k-faqs-common-situations