Summer 2026 Tax Update

Business v. Hobby – IRS is on the hunt for taxpayers who year after year report large losses from hobby-sounding activities on Schedule C or F of the 1040 to help offset wages, business or investment earnings, or other income. Revenue you collect from a hobby is taxable, reported as other income on Schedule 1 of the 1040. But you cannot deduct the related expenses. Before 2018, itemizers could deduct hobby expenses, up to the amount of their reported hobby income, as a miscellaneous deduction on Schedule A, and only to the extent that the total of all miscellaneous itemizations exceeded 2% of adjusted gross income. The 2017 tax law temporarily nixed through 2025 most miscellaneous itemizations, and last year’s “One Big Beautiful Bill” permanently ended this tax write-off.  

To deduct a Schedule C loss, you must show the activity is a business. It needs to be conducted with continuity and regularity in a businesslike manner, and you must have a reasonable, good-faith objective in making a profit from it.  IRS regulations provide a safe harbor. If your activity generates a profit in three out of five consecutive years, or two out of seven years for horse breeding, the law presumes you’re in business to make a profit unless IRS establishes otherwise.  

The hobby-business analysis is trickier if you can’t meet the safe harbor.  That’s because the determination of whether an activity is properly categorized as a hobby or a business is then based on each taxpayer’s facts and circumstances.  IRS and the courts look at nine factors:

  1. Expertise of the taxpayer and advisers.
  2. Manner in which one carries on the activity.
  3. Time and effort devoted to the venture.
  4. Expectation that assets from the activity may appreciate.
  5. History of income and losses (the more years of large consecutive losses, the harder it is to show a profit motive, unless the activity is still in its start-up stage).
  6. The amount of occasional profits.
  7. Success in conducting other activities.
  8. Elements of personal pleasure or recreation.
  9. Whether the taxpayer has substantial income from other sources, such as wages.

Gambling Income and Losses – Take note of these two gambling-related tax changes that kicked in this year.  The first involves deducting gambling losses. Beginning with 2026 returns filed next year, only 90% of gambling losses can be claimed by itemizers on Schedule A of the 1040, and only to the extent of winnings reported by the taxpayer on Schedule 1.  

Second, casinos have a higher W-2G threshold for reporting winnings. Starting with 2026 forms sent out in 2027, casinos must file Form W-2G with IRS for each person who wins $2,000 or more in bingo, keno or playing the slots. This $2,000 figure will be adjusted annually for inflation. The prior thresholds for reporting gambling winnings were $1,200 for bingo and slots and $1,500 for keno.

Business Mileage to Increase Effective 7/1/26 – IRS drives up the standard mileage allowance for business vehicle usage.  The rate will be 76¢/mile for the final six months of 2026, a 3.5¢ hike.  The Service raised the rate due to the steep gas prices at the pump this year. The mileage rate for medical travel and military moves increases by 3¢ to 23.5¢ a mile. The 14¢-a-mile charitable driving rate is set by law and doesn’t change.

Charitable Expenses – Here’s a reminder of two tax changes that kicked in this year:  Nonitemizers can deduct up to $1,000 of charitable cash contributions…$2,000 for joint filers…beginning with their 2026 tax returns filed in 2027. Meanwhile, itemizers get a slight haircut on charitable donation write-offs.

Individuals can deduct charitable contributions on Schedule A only to the extent that their total donations exceed 0.5% of adjusted gross income shown on Form 1040. This is akin to the long-standing rule for deducting medical expenses on Schedule A, in which total medicals are deductible only to the extent they exceed 7.5% of AGI.