Is mystery shopping a business or a hobby or tax purposes?

Hello, fellow shoppers. I just joined here and, being a tax preparer myself for the last 15 years, I was drawn to this thread. The first person who posted here gave a lot of good information, but there is one recurring misperception I have spotted that I would like to correct.

If you make a profit 3 years out of 5, the IRS will assume you have a profit motive and will not examine your enterprise to see if it is really a hobby. That is true. (But if the profit is $20 a year and the losses are $500 a year . . . don't expect to get a pass on that. Over time, the profit years need to outweigh the loss years.)

But it is NOT true that if you DON'T make a profit 3 years out of 5 that it will be automatically ruled a hobby, or even that the IRS will take note at all. It is possible, especially in this economy, to run several years of losses but still be able to prove that you are in business and trying to make a profit.

In order to establish your profit motive, it helps to do certain things: get a business license. Have a separate bank account for your business. Keep good records. Be able to show how you could have made a profit "if only" -- if only five of your shops done in good faith hadn't been rejected, if only your computer hadn't died and needed replacement, if only you had better timing to get good shops. You need to be able to show how much time you invested in the endeavor. Get an Employer Identification number and use that on your bank account with your business name (if you have one). ACT LIKE YOU ARE IN BUSINESS, not just dabbling in this to make a few extra bucks or get a free oil change now and then. They also want to see a business plan, where you have actually sat down and figured out how many shops you would need to do to make a profit, and how much time you can devote to the business to make it happen. If you're mystery shopping around a 40 hour a week job while raising a family, it will be harder to establish that you're in this for the money and not the free meals.

It won't do to tell the IRS agent, "I thought I was making a profit until I did my tax return and realized how much it cost me to drive to all those places," because that tells them you had no clue what is involved in running a business and you were just dabbling in this to make a few bucks and get some free tacos. You should have known in the first three months if you were making money or not.

So don't feel like you have to show a false profit to meet some arbitrary 3 out of 5 rule, if you truly are trying to make an income from this, not just get free meals now and then. Take your deductions, but also try to only do shops that will not ACTUALLY cost you money out of pocket. I only do shops if I have to go near the target for some other reason. I live 7 miles from town. I go to town every day to check my PO box. So I'll do a shop for $5 and deduct $7 in round trip mileage because I am actually gaining the $5 because I would have driven there anyway. My trip to the PO box became a writeoff because I was doing paying work at the same time. (Actually, it was a writeoff already for my other business. I may end up splitting the miles between the two enterprises.)

The other thing is that if you do not have a home office, the miles you drive to your first shop and the return miles from the last shop are NOT DEDUCTIBLE. So if you leave home, do one shop, and come back, the mileage is not a deduction if you don't have a home office. (Travel between business locations IS deductible; the home office becomes your first business location.) My mileage is deductible because I have a home office for my accounting business, which I also use to search for shops and fill out my reports.

If you are driving to do shops and can't deduct the mileage -- you really have a hobby because you will never make a profit that way. But if you're driving somewhere for some other reason and do a shop while you're there, you might have a profit motive. With gas $4 a gallon, be smart about it. And never forget that gas isn't the only thing that makes a car run.

The problem with the hobby is that unless you are already itemizing deductions, you will end up paying tax on the income and not get to deduct the expenses at all. Hobby expenses can be deducted up to the amount of the income, never to create a loss, but are deducted on Schedule A. So if you don't itemize, you'll pay tax on the full amount of income and not be able to offset the expenses at all. But the upside to taking the income as a hobby is that you don't pay the 13.6% (this year) Self Employment tax on hobby income, which may help make up for not being able to deduct the expenses.

Find a knowledgeable tax preparer to help determine the best approach. You may well find you are better off calling it a hobby than calling it a business.

Time to build a bigger bridge.

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"Get an Employer Identification number and use that on your bank account with your business name (if you have one)."

Per the IRS guidelines an EIN is NOT required for an independent contractor. In fact, some local municipalities could use an EIN and business bank account to impose many other regulations and taxes on the business. While two MSCs have tried to require the EIN, they are the only ones and both have backed off the requirements. There are also MSCs who do not accept anything but an SSN.

Equal rights for others does not mean fewer rights for you. It's not pie.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
Never try to teach a pig to sing. It's a waste of your time and it really annoys the pig.
Many banks have free personal checking accounts if you meet certain deposit requirements, but I haven't run into one with a free business checking account. The ongoing cost of a business account should be carefully considered.

My particular city, county, and state regulations don't generate any additional taxes as a result of having an EIN, but many forum members have posted otherwise. Be forewarned there may be a costly problem in your area with getting an EIN and you need to check this out locally with your city, county, and state.

The EIN has no effect on income taxes due and it is not required by the IRS unless you have employees. However, there is at least one mystery shopping company which will require you to submit an EIN number if you want to work for them.

You can get an EIN and use your personal name as your business name. My own EIN is one I got decades ago when I had employees, and it is in my own name. Therefore, when a mystery shopping company that requires the EIN issues me a check, it is made out to me personally and I can deposit it in my free personal checking account.

Regardless of whether you maintain a separate bank account for your business, if you keep meticulous records of income and expenses you will survive an audit. As to the question of whether it is a business or a hobby, all any of us can do is run our business like a business and keep meticulous records of income and proof of expenses.

If you are a serious shopper taking advantage of all the deductions to which you are entitled, you probably won't show much profit from mystery shopping/auditing. You also shouldn't show much loss that would be available to offset other income. The year after year offset of high income by a loss from a side job is an area of concern to the IRS, and this is where the hobby scenario can potentially rear its ugly head.

No one should set up and run a business based on free information in a forum. You don't know who's talking to you. Go to the website IRS.gov and research any tax subject. If you want to consult an individual tax authority, you should see an Enrolled Agent, who is authorized to practice before the IRS.

Mary Davis Nowell. Based close to Fort Worth. Shopping Interstate 20 east and west, Interstate 35 north and south.
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