< Back to IRS

Paolo Ricci

Is Gifting Food Items and Requesting Donations Tax-Free or Still Taxable?

So I've been making these really amazing sourdough loaves at home for the past few months, and some friends keep telling me I should sell them. I'm trying to figure out the tax situation before jumping in. Here's what I'm wondering - if instead of selling my bread outright, I "gift" the bread to people and then they give me a "suggested donation" in return, would I still need to pay taxes on that money? I've heard some home bakers doing this "donation" model thinking it's a loophole, but that sounds too easy to be true. Does the IRS actually care about the wording, or do they just see it as income regardless? I'm planning to make maybe $150-200 per week from this if it takes off. Would really appreciate any insights from people who've dealt with something similar!

Amina Toure

•

This "donation" approach is definitely not a tax loophole - the IRS looks at the substance of transactions, not just what you call them. If you're regularly making bread and people are regularly giving you money in exchange, that's a business transaction regardless of what terminology you use. The IRS will consider this taxable income. You would need to report this income on Schedule C as self-employment income. This means you'd owe both income tax and self-employment tax (which covers Social Security and Medicare). The good news is you can deduct business expenses like ingredients, packaging, a portion of your utilities if you're using your home kitchen, etc. Also worth noting - depending on your location, you might need to check local cottage food laws to make sure you can legally sell homemade food products from your home kitchen. Many places have specific requirements about what foods can be sold and under what conditions.

0 coins

Thank you for the explanation! I was wondering about those cottage food laws too. Do you know if I'd need a business license for something this small? And would I need to collect sales tax from customers for bread? Sorry for all the questions, just trying to do this right.

0 coins

Amina Toure

•

You'd likely need some form of business license or permit depending on your local laws - check with your city/county clerk's office about requirements for home-based food businesses. They often have special permits for cottage food operations. Regarding sales tax, this varies by state. Many states exempt grocery items (including bread) from sales tax, but some don't. You'll need to check your specific state's department of revenue website or call them to confirm whether you need to collect and remit sales tax for bread products.

0 coins

Hey! I went through this exact same situation last year with my homemade cookies. I tried the "donation" route at first but got worried about the tax implications. I found this amazing resource called taxr.ai (https://taxr.ai) that helped me understand the whole home-based food business tax situation. I uploaded some screenshots of my local cottage food laws and the tool actually analyzed them along with the tax implications. It clarified that "suggested donations" are still considered income and showed me exactly how to track my expenses to maximize deductions. Their system even helped me understand what percentage of my utilities I could legitimately write off since I was using my home kitchen. Seriously made the whole tax situation way less intimidating!

0 coins

Does taxr.ai help with figuring out sales tax requirements too? That's the part that confuses me the most with my candle business. Different rates in different counties is making my head spin!

0 coins

Javier Torres

•

Sounds interesting but how accurate is it really? Like does it actually understand local laws or just federal stuff? I've been doing farmers markets with my jams and jellies and get different advice from everyone I talk to.

0 coins

Yes, it actually does help with sales tax! I had the same issue with selling across multiple counties. The tool lets you input your specific locations and shows you the different rates and filing requirements. It even helped me set up a proper recordkeeping system for tracking sales by location. For local vs federal laws, it handles both surprisingly well. When I uploaded my state's cottage food regulations, it identified the specific requirements for my product type and explained how those intersect with federal tax reporting. It's been pretty spot-on with every tax question I've thrown at it, especially for small food businesses like ours.

0 coins

Just wanted to follow up about taxr.ai that I mentioned in my question above. I actually tried it last weekend after seeing that recommendation and WOW - it saved me so much confusion! I uploaded screenshots of my state's weird candle business regulations and sales tax documents, and the system actually explained everything in plain English. It showed me that I had been calculating my home office deduction all wrong and probably leaving money on the table. It also clarified exactly which sales needed tax collected and how to handle online sales to different states. I wish I'd known about this before spending hours on confusing government websites! Definitely the right tool if you're starting any kind of home business.

0 coins

Emma Davis

•

For anyone dealing with tax questions around home businesses, I feel your pain trying to get straight answers from the IRS. After three attempts calling their business line and being disconnected, I found Claimyr (https://claimyr.com) and it literally changed everything. They got me connected to an actual IRS agent in about 20 minutes when I'd been trying for DAYS. The agent clarified that yes, "donation-based" food businesses are still taxable income, but also walked me through exactly how to handle my quarterly estimated tax payments since I was just starting out. You can see how the service works here: https://youtu.be/_kiP6q8DX5c I was spending so much time stressing about getting through to someone that I wasn't actually making progress on my business. Getting clear answers directly from the IRS gave me the confidence to move forward properly.

0 coins

Malik Johnson

•

Wait, so this service actually gets you through to a real person at the IRS? How does that even work? I've tried calling like 5 times about my home bakery situation and always end up in hold hell until I eventually give up.

0 coins

Sounds like a scam tbh. Nobody can magically get through IRS phone lines. They probably just connect you to some random "tax expert" who isn't even with the IRS. I'd be very skeptical about giving money for something the government provides for free.

0 coins

Emma Davis

•

It definitely connects you to the actual IRS - they use a system that navigates the phone tree and waits on hold for you, then calls you once they have an agent on the line. You're speaking directly with official IRS representatives, not third-party experts. I was super skeptical too! But after wasting hours trying to get through myself, it was worth trying. The difference is they have technology that keeps your place in line when calls drop and navigates the complicated phone system. They don't answer tax questions themselves - they just get you connected to the real IRS faster than doing it yourself.

0 coins

I need to eat my words from my earlier comment. After another failed attempt to reach the IRS yesterday about my tax questions (2 hours on hold before being disconnected!), I tried Claimyr out of desperation. I seriously can't believe it worked! Got a call back in about 35 minutes with an actual IRS agent on the line. The agent confirmed that my "suggested donation" approach for my pottery business was indeed taxable income and helped me understand exactly what forms I needed. She even helped me calculate roughly how much I should set aside for quarterly payments based on my projected income. Having an official answer directly from the IRS instead of random internet advice gave me so much peace of mind. Sometimes you have to admit when you're wrong, and I was definitely wrong about this service!

0 coins

Ravi Sharma

•

Just adding another perspective - I ran a "donation-based" yoga class from my backyard for awhile and learned the hard way that it's definitely still taxable. Got a letter from the IRS asking about unreported income because someone paid me through Venmo with "yoga class" in the notes 😫 Had to do a whole amended return and pay penalties. Don't make my mistake!

0 coins

Paolo Ricci

•

Oh no, that's exactly what I'm trying to avoid! Did you have to pay penalties on top of the taxes? And did you end up getting any kind of business license after that happened?

0 coins

Ravi Sharma

•

Yeah, I had to pay both interest and a penalty for the late payment - it added about 10% to what I would have owed originally. It was especially annoying because I would have just reported it correctly if I had known better. After that incident, I did get a proper business license and started keeping better records. I actually found the whole process wasn't as complicated as I feared once I just tackled it head-on. Now I track all expenses related to the classes and end up with a much lower taxable income after deductions.

0 coins

NebulaNomad

•

The whole "donation" thing is actually a pretty common misunderstanding. I've been making and selling jellies at farmers markets for years. Here's my practical advice: 1) Track EVERYTHING. Every egg, cup of flour, jar, label, even a portion of your electricity bill for running the oven. 2) Take lots of photos of your workspace and ingredients for documentation. 3) Open a separate bank account for your business income/expenses to make tracking easier. 4) Set aside 25-30% of what you make for taxes from day one. The good news is once you're properly set up, you'll likely owe less in taxes than you think because of all the legitimate deductions available to small food businesses.

0 coins

Freya Thomsen

•

Do you really need a separate bank account? I'm just starting out selling cookies at the farmers market and was planning to just keep a spreadsheet of sales and expenses. Is that not enough?

0 coins

Zara Khan

•

A separate bank account isn't legally required, but it makes your life SO much easier, especially if you ever get audited. When all your business transactions are mixed in with personal spending, it becomes a nightmare to sort through everything. Plus banks often have free business checking accounts for small operations. A spreadsheet is a good start for tracking, but having that clean separation between personal and business finances just makes everything more professional and organized. Even something simple like a basic checking account at a credit union can work - you don't need anything fancy when you're just starting out.

0 coins

Omar Fawaz

•

Adding to what everyone's said about the "donation" approach - I learned this lesson with my homemade pasta business last year. The IRS specifically looks at whether there's a "quid pro quo" relationship (you give bread, they give money), regardless of what you call it. Even if you put up a sign saying "free bread, donations appreciated," if people consistently pay you for specific loaves, that's income. One thing that helped me was starting small and keeping meticulous records from day one. I use a simple app to photograph every receipt and track mileage to farmers markets. Also, don't forget you can deduct things like recipe testing ingredients and even a portion of your phone bill if you're using it for business communications. The cottage food laws vary wildly by state too - some allow online sales, others don't. Some have income caps (like $50K/year max), others don't. Definitely worth checking your state's agriculture department website before you scale up. Good luck with the sourdough venture!

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today