ATO & Compliance

Hobby vs Business — How the ATO Classifies Resellers in Australia

The difference between hobby and business isn't about how much you make — it's about intention and activity.

The ATO's Definition

A business exists when there is an intention to profit combined with commercial activity. The ATO considers eight key factors: size and scale of the activity, intention to make a profit, repetition and regularity, business planning, commercial manner of operation, associated expertise, purpose of the activity, and record keeping.

Examples of Each Classification

Hobby: You sell 10 old items from your wardrobe on Depop. You don't buy items to resell. You have no intention of ongoing selling. This is clearly a hobby — not taxable.

Business: You visit op shops weekly, buy items to resell, maintain an eBay store with 50+ active listings, track what sells and what doesn't, and reinvest profits. This is clearly a business — taxable income must be declared.

Grey area: You occasionally buy items at markets when you see bargains and sell them on Facebook Marketplace. It's sporadic, not systematic, but profitable. This is where professional advice is valuable.

What Changes When You Cross From Hobby to Business

As a business, you must declare all income, can claim deductions for expenses, should register for an ABN, and may need to register for GST (if turnover exceeds $75k). As a hobby, none of these apply — but you also can't claim any deductions. The risk of misclassification is real: calling a business a hobby to avoid tax can result in penalties, while calling a hobby a business is less risky but unnecessary. See our reseller tax guide and ABN guide.

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