When a Side Hustle Becomes a Business: Key Legal Steps

You're not alone if you’ve been running a passion project on the side, whether selling handmade jewelry on Etsy, offering weekend photography gigs, or managing a few freelance clients after work. In fact, 40% of Americans now have a side hustle, according to a 2022 Zapier survey. But when does a side hustle become a business? That’s a question every growing freelancer or part-time entrepreneur needs to ask, especially when income starts rolling in consistently. There are legal, tax, and compliance issues you don’t want to ignore, and knowing when to take action can save you from headaches and penalties down the road.

Let’s break it all down in plain English.

Side Hustle vs Business: What’s the Difference?

Let’s start with the basics: what is a side hustle? A side hustle is typically a part-time gig you run in addition to your primary job. It might start as a creative outlet or way to make extra cash, but it’s often informal and not treated like a full-fledged business. A business, on the other hand, is typically something you run with the intent to make a profit consistently. It involves structure, strategy, and eventually, accountability to the IRS, your state, and potentially your customers or clients.

The IRS and state agencies don’t care what you call it. They care about how it operates and whether you're reporting income correctly.

The IRS doesn’t care if you call it a hustle or a hobby—they care if you’re making money and reporting it properly.

When Does a Side Hustle Become a Business?

Your side hustle becomes a business once you’re consistently earning income with the intent to make a profit. The IRS uses several factors to determine whether your activity is a hobby or a business. Here are some key signs that your side hustle is now a business:

You're earning income regularly.
You actively market your products or services.
You track income and expenses.
You reinvest in tools, supplies, or advertising.
You depend on the income to supplement or replace your primary job.

The most critical of these is the profit motive. If you're doing it to make money and you're actually succeeding, that's a big indicator that you're running a business.

What Is Considered a Hobby?

As mentioned above, the IRS has a clear stance on what is considered a hobby versus a business. A hobby is something you do for recreation, not for profit, even if you occasionally make money doing it.

An activity is presumed to be for profit if it has profited in at least three of the last five tax years (including the current year). This is commonly referred to as the “hobby loss rule.”

So if you're knitting scarves for fun and sell one or two a year, you’re probably fine. But if you’re filling Etsy orders weekly and taking custom requests, the IRS may decide you’re running a business.

Understanding the IRS Hobby Income Limit

There isn’t a strict dollar amount that defines a business, but it’s worth knowing that if you accept more than $600 for goods and services using online marketplaces or payment apps, you could receive a Form 1099-K to report payments.

If your activity generates income and you don’t report it or try to write off expenses, you could face penalties. Even hobby income must be reported on your tax return. However, you can't deduct losses from a hobby like you can for a business.

Person working on tax documents with a calculator, notebook, and laptop at a desk, preparing financial records

When Should You Register Your Business?

If your side hustle is gaining momentum, it’s time to consider formalizing it. Here’s when you should (or may be required to) take legal steps.

1. You’re Making Significant Income

There’s no exact dollar amount, but once your side hustle becomes a dependable revenue stream (over $400/year), you must report it to the IRS and pay self-employment tax, according to IRS guidelines.

2. You Want to Write Off Expenses

Only businesses can deduct qualified expenses. If you’re buying gear, running ads, or paying contractors, formally establishing your business lets you legally reduce your tax liability.

3. You Want Legal Protection

Registering an LLC or other business structure separates your personal assets from your business liabilities, which keeps you financially safe if something should happen to your business.

4. You Need a Business Bank Account or EIN

Many platforms, clients, or vendors prefer paying registered businesses. Some won’t even work with you if you don’t have a business bank account or Employer Identification Number (EIN).

5. You’re Required by State Law

Some states require registration even for sole proprietors using a “doing business as” (DBA) name. Check your Secretary of State’s website for local requirements.

A woman sitting on a box holding a paintbrush

What Comes Next? Business Compliance Checklist

If you’ve realized your side hustle is now a business, here’s a checklist to stay on the right side of the law:

Register your business with the state (LLC, sole prop, etc.).
Get an EIN from the IRS (free and fast online).
Open a business bank account to keep your finances clean.
Track all income and expenses and consider consulting with a professional bookkeeper.
Pay estimated quarterly taxes if you are not subject to automatic withholdings.
Check local licensing laws, as some cities require small business licenses.
Look into business insurance, especially if you sell products or provide services in person.

Getting these pieces in place helps you stay compliant and makes you look more professional to clients, customers, and partners. Treating your hustle like a real business can open up new opportunities, and it starts with getting the backend in order.

Final Thoughts: Don’t Wait for a Letter from the IRS

So, when does a side hustle become a business? If you are earning money with the intent to keep growing, it’s time to take things seriously. You don’t need to go full corporate overnight, but a few simple steps can protect you legally, help you save money at tax time, and set you up for long-term success.

Resources

IRS, Hobby or business: here’s what to know about that side hustle - Link

IRS, Self-employed Individual Tax Center - Link

IRS, EIN - Link