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Taxes for Travel Agents: The Complete 2025 Guide

Complete 2025 U.S. tax guide for travel agents. Learn how to handle estimated tax payments, self-employment tax, sales tax nexus, and BOI reporting. Reduce penalties, maximize deductions, and stay compliant with expert advice from Antravia.

TRAVEL AGENTS FINANCE

8/12/202518 min read

Taxes for Travel Agents: The Complete 2025 Guide

When you run a travel agency in the U.S. you want to make sure you keep as much of your hard-earned commission as possible. Understanding how taxes for travel agents work is one of the most powerful tools for protecting your margins and avoiding unnecessary stress at year-end.

At Antravia, we’ve seen too many travel agents pay more than they should or miss critical deadlines simply because their accounting and tax setup was wrong from the start. This guide explains the key U.S. tax rules that apply to travel agents in 2025, whether you operate as a home-based agent under a host agency, a small boutique agency, or a growing independent brand.

1. Hobby or Business? The IRS Rule That Can Decide Everything

The IRS applies what’s known as the “hobby loss rule” under Internal Revenue Code Section 183 to decide whether your travel activity is a genuine business or just a hobby. If it’s deemed a hobby, you cannot deduct business expenses to offset income, even if you’ve invested heavily in marketing, software, training, or supplier relationships. In the IRS’s own words: “If you do not carry on your activity to make a profit, you cannot use a loss from the activity to offset other income.” (IRS Publication 535, Business Expenses).

To be treated as a business, the IRS generally expects to see:

  • A profit in at least three of the last five years — this is a safe-harbor guideline, though not the only test.

  • Evidence of professional business practices — a separate business bank account, issued invoices, reconciled accounting records, and contracts or agreements with clients or suppliers.

  • A clear marketing and revenue plan — ongoing promotional activity designed to generate sales, such as advertising, partnerships, or public listings.

The IRS also looks at how you run your operation. As per to IRS Publication 535, factors include whether you “carry on the activity in a businesslike manner,” whether you “depend on the income for your livelihood,” and whether you make “changes to improve profitability.”

If you’re only booking travel for friends and family and rarely generating consistent profit, and not keeping proper accounting records, the IRS can reclassify you as a hobbyist. This isn’t just a label, it actually means you lose the ability to deduct ordinary and necessary business expenses, potentially increasing your taxable income and tax liability for prior years.

The IRS applies what’s often called the “hobby loss rule” to determine whether your travel work is a business or just a hobby. If it’s classified as a hobby, you can’t deduct business expenses to offset income, even if if you made legitimate investments in marketing, systems, or training.

Facts and Circumstances Test
While the IRS often cites the “three-out-of-five years profit” guideline, it also applies a broader facts and circumstances test. This means looking at your overall business behavior to determine intent to make a profit. Factors include the time and effort you devote to the activity, the quality of your recordkeeping, whether you have the knowledge or advisors to run the activity successfully, and whether you’ve made operational changes to improve profitability. For travel agents, that could mean moving from casual, referral-based bookings to structured marketing campaigns, upgrading to accounting systems that track commissions and expenses in detail, or joining a host agency to secure better commission tiers.

Travel Industry Example
Consider two part-time agents. One agent books five group cruises annually, earns steady commission, runs social media ads, issues client contracts, and keeps a separate business bank account. The other books two family vacations per year with no structured marketing and deposits payments into a personal checking account. The first agent is far more likely to meet the IRS’s definition of a business than the second, even if both show similar gross income.

Audit Risk
Hobby loss reclassification often comes to light during an IRS audit. If the IRS finds you have not kept adequate records, failed to operate in a businesslike manner, or treated the activity casually, it can retroactively disallow expense deductions for multiple prior years. This can result in back taxes, penalties, and interest, which can far outweigh the original deductions claimed.

Protect Yourself Checklist

  • Open and use a dedicated business bank account for all income and expenses.

  • Prepare a profit and loss statement every year, even if income is small.

  • Maintain signed client agreements or booking confirmations.

  • Keep documentation of marketing activities — brochures, email campaigns, paid ads, and social posts.

  • Use accounting software that can reconcile commission receivables with host agency or supplier reports.

2. Choosing the Right Business Structure

The majority of travel agents operate as sole proprietors, but many also form LLCs for liability protection or tax planning flexibility.

Sole Proprietorship

  • Easiest to set up

  • No separate tax filing — report income and expenses on Schedule C

  • No liability shield — your personal assets are at risk

LLC

  • Protects personal assets if you’re sued

  • Still taxed as a sole proprietor by default, but can elect S Corporation status for potential self-employment tax savings (discuss with your accountant)

  • Some states have annual LLC fees

We’ve covered this in a lot more detail in our blog “Should Travel Agents Be an LLC?” so please review this if you’re unsure which setup fits your agency. And feel free to contact us for more info!

3. Understanding Federal Tax Obligations

As a U.S.-based travel agent, you’ll generally deal with three main types of federal taxes:

1. Income Tax – Calculated on your net taxable income after all allowable deductions, credits, and adjustments. This is where accurate accounting matters, because every legitimate business expense you track and substantiate can directly reduce your taxable base.

2. Self-Employment (SE) Tax – Covers both the employer and employee portions of Social Security and Medicare, currently totaling (2025) 15.3% on net earnings (12.4% for Social Security and 2.9% for Medicare). This applies to all self-employed agents unless they operate as an S corporation and structure reasonable wages differently.

3. Estimated Taxes – The IRS requires quarterly payments if you expect to owe $1,000 or more in total federal tax for the year after withholding and credits. These prepayments cover both your income tax and SE tax.

The IRS is explicit on this point:

“Individuals, including sole proprietors, partners, and S corporation shareholders, generally have to make estimated tax payments if they expect to owe tax of $1,000 or more when their return is filed.” IRS Publication 505, Tax Withholding and Estimated Tax

2025 Estimated Tax Deadlines:

  • April 15, 2025

  • June 16, 2025 (moved from June 15 due to weekend)

  • September 15, 2025

  • January 15, 2026

Miss these deadlines and the IRS can impose underpayment penalties, even if you pay in full by April of the following year. For agents with seasonal cash flow,such as those who earn most commissions in peak summer or holiday periods, aligning quarterly payments with actual income receipts can help avoid strain and penalties.

4. State and Local Tax Rules

If you sell to clients in multiple states, your tax obligations may extend far beyond your home state. Multi-state taxation is complex, and overlooking it can lead to unexpected assessments or penalties. Two primary areas require attention:

State Income Tax

A few states, such as Texas, Florida, Nevada, South Dakota, Washington, and Wyoming, do not impose a state income tax. However, most states do, and many will expect you to file a return if you establish what is known as nexus in their jurisdiction. Nexus can be created in more ways than simply opening an office. Hiring employees or contractors in another state, attending trade shows, storing inventory, or even maintaining a mailing address or phone number there can be enough to establish a tax filing requirement.
For example, if your agency is based in California but you employ a part-time marketing assistant in New York, you may be required to file a New York state return and pay state income tax on the revenue attributable to that market.

Sales Tax

Travel agents typically do not collect sales tax on their commission income. However, there are important exceptions. Selling certain taxable products, such as event tickets, merchandise, or, in some states, guided tours or specific tourism services, may create an obligation to collect and remit sales tax. Since the U.S. Supreme Court’s South Dakota v. Wayfair, Inc. decision in 2018, states can enforce “economic nexus” rules, which apply even if you have no physical presence there. These rules are often triggered when your sales to customers in a state exceed a threshold, commonly $100,000 in revenue or 200 transactions in a year.

This means you could owe sales tax in a state you have never visited if your sales into that state cross the threshold. For instance, if you sell $120,000 worth of Broadway ticket packages to clients in New York while operating entirely from Arizona, New York’s economic nexus laws could require you to register for sales tax, file returns, and remit tax on those sales.

Because each state sets its own definitions, thresholds, and filing requirements, it is not safe to assume your home state’s rules apply everywhere. Multi-state sales tax compliance for travel agents should start with:

  1. Identifying where you have clients and sales.

  2. Reviewing each state’s nexus thresholds — both physical and economic.

  3. Checking the taxability of your specific products and services in those states.

  4. Registering, collecting, and remitting sales tax where required.

When in doubt, confirm with the relevant state’s Department of Revenue or consult a tax professional who understands the travel industry. Being proactive avoids costly surprises, especially as states have increased enforcement in the wake of expanded nexus laws.

5. Sales Tax & Nexus for Travel Agents

In most cases, commissions from travel bookings are not subject to sales tax. However, as mentioned above, nexus — a state’s legal connection that creates a tax obligation — can shift the rules in unexpected ways. Nexus is no longer limited to having a storefront. For travel agents, it can be established if you:

  • Maintain a physical office, mailing address, or employees in the state.

  • Attend a trade show or industry event and make direct sales or accept bookings while there.

  • Store inventory, promotional merchandise, or branded materials in a warehouse or fulfillment center located in that state.

Once nexus is triggered, a state may require you to register, collect, and remit sales tax on taxable transactions, even if those sales represent only a small part of your business. For example, selling packaged tours that include taxable components like local excursions, event tickets, or merchandise can fall under these rules.

The takeaway is that nexus is about connection, not just location. Understanding where your business activities cross state lines is the first step in managing your compliance risk.

Economic Nexus and the Wayfair Decision

Until 2018, most states could only require sales tax collection from businesses with a physical presence in their state. That changed with the U.S. Supreme Court’s South Dakota v. Wayfair, Inc. ruling, which allowed states to enforce sales tax obligations based solely on sales volume or transaction count, a concept now known as economic nexus.

For travel agents, this means you could be required to collect and remit sales tax in a state even if you have never set foot there. Most states have adopted thresholds similar to South Dakota’s model:

  • $100,000 in gross sales into the state in a calendar year, or

  • 200 separate transactions with customers in the state.

If your business crosses either threshold, that state can legally require you to register for sales tax, file returns, and remit tax on taxable sales to its residents. This is particularly relevant if you sell high-value or high-volume travel products tied to a state, such as event tickets, in-destination tours, or merchandise, even when booked remotely.

For example, a home-based agent in Colorado who sells $125,000 worth of Kentucky Derby packages to clients in Kentucky could be required to register and pay sales tax to Kentucky under economic nexus rules, despite having no office or employees there.

Because every state defines its own thresholds, timelines, and exemptions, the safest approach is to maintain a state-by-state sales tracker and review your exposure quarterly. A single successful promotion or partnership can unexpectedly push your sales past a state’s limit.

6. BOI Reporting

Effective January 1, 2024, most U.S. LLCs and corporations must file a Beneficial Ownership Information (BOI) report with the Financial Crimes Enforcement Network (FinCEN). The filing is free but mandatory for most small businesses.

The report must disclose details of every individual who:

  • Owns 25% or more of the company, or

  • Exercises substantial control over business decisions, even without holding majority ownership.

Who is Exempt

Certain entities do not need to file, including:

  • Large operating companies with more than 20 full-time U.S.-based employees and over $5 million in annual U.S. revenue.

  • Banks, credit unions, and registered investment companies.

  • Tax-exempt nonprofits.

  • Subsidiaries wholly owned by exempt entities.

How to File

  1. Gather required information for each beneficial owner:

    • Full legal name

    • Date of birth

    • Residential address (no P.O. boxes)

    • A valid ID (driver’s license, passport, or similar) and a copy of it

  2. Go to the official FinCEN BOI Filing System at https://boiefiling.fincen.gov.

  3. Complete the online form or upload the PDF version.

  4. Submit the report and save confirmation for your records.

Penalties for Non-Compliance
Failure to file or update information can result in civil penalties of up to $500 per day. Willful violations may lead to criminal fines of up to $10,000 and imprisonment.


7. Common Tax Deductions for Travel Agents

The right deductions can significantly reduce your taxable income. We also cover this further in our tax deduction blog.

Common legitimate deductions include:

  • Home Office Deduction — Must be your principal place of business and used regularly for work

  • Marketing Costs — Website hosting, paid ads, printed materials

  • Business Travel — Trade shows, FAM trips, client meetings (see IRS Publication 463)

  • Meals — 50% deductible if directly related to business

  • Professional Fees — Host agency fees, accounting and legal costs

  • Education — Courses, certifications, and conferences related to your work

  • Software & Tools — CRM systems, accounting software like QuickBooks or Xero

8. Retirement Plans for Travel Agents

Self-employed travel agents can use retirement plans to build long-term savings while reducing current-year taxable income. Two of the most common options are:

SEP IRA

  • Who it’s for: Solo agents or small business owners with no or few employees.

  • Contribution limits: For 2025, you can contribute up to 25% of net self-employment income (net profit minus half your self-employment tax), capped at $69,000.

  • Tax benefit: Contributions are deductible, lowering your taxable income for the year. Earnings grow tax-deferred until withdrawal.

  • Example: If your net self-employment income is $100,000, you could contribute $25,000 to a SEP IRA, reducing your taxable income to $75,000.

Solo 401(k)

  • Who it’s for: Agents with no employees other than a spouse.

  • Contribution limits: You can contribute in two ways:

    1. Employee contribution – Up to $23,000 in 2025, plus an extra $7,500 if age 50 or older.

    2. Employer contribution – Up to 25% of net self-employment income.
      The combined total cannot exceed $69,000 (or $76,500 if age 50+).

  • Additional advantage: Option to make Roth contributions for tax-free withdrawals in retirement and to take a loan from the account (up to IRS limits).

Strategic Considerations for Travel Agents

  • If your income varies significantly by year, a Solo 401(k) offers more flexibility — you can make large contributions in high-earning years and smaller ones when revenue dips.

  • If you plan to hire employees soon, consider how that will affect eligibility and required contributions. A SEP IRA requires contributions for eligible employees at the same percentage of pay as the owner’s contribution.

  • Both plans are subject to IRS rules on withdrawals, with penalties for early distributions before age 59½ unless an exception applies.

Filing Deadlines

  • A SEP IRA can be opened and funded up to the tax filing deadline (including extensions).



9. Record Keeping & Accounting Systems

Accurate records are your best defense in an IRS audit - See also our blog for Accounting Systems for Travel Agents

  • Keep all receipts and invoices for at least three years

  • Use a dedicated accounting system that can handle commission tracking, multi-currency if needed, and reconciliation with host agency reports

  • Consider cloud systems like QuickBooks Online, Xero, or Wave for smaller setups

10. Mistakes That Cost Travel Agents Money

From Antravia’s work with travel agencies across the U.S., we see the same costly mistakes:

  • Missing estimated tax deadlines, leading to avoidable IRS penalties and interest.

  • Operating more like a hobby than a business without recognizing the tax consequences under the IRS hobby loss rules.

  • Mixing personal and business finances by using the same bank account, which complicates bookkeeping and can weaken your legal protections.

  • Failing to record deductible expenses as they occur, resulting in missed write-offs and overstated taxable income.

  • Overlooking self-employment tax planning, leaving no strategy in place to manage the 15.3% Social Security and Medicare contribution on net earnings.


11. Special Section: OTAs, Marketplaces, and Lodging Taxes - What Travel Agencies Need to Know

This section applies if you operate like an online travel agency (OTA) or lodging marketplace (i.e., you take payment, mark up net rates, or run a booking platform). It’s not aimed at a traditional agent who simply earns commission while the hotel or supplier is merchant of record.

a) Marketplace facilitator laws don’t treat OTAs the same in every state

  • Virginia: Travel marketplaces/intermediaries are generally treated as marketplace facilitators. The state expects tax on the total accommodation charge, and booking/intermediary fees are taxable as well. Economic nexus applies at $100,000 or 200 transactions into VA. (see reference section below for further info)

  • Washington: WA carves out a lodging exception so that a business providing travel agency services or enabling consumers to purchase short‑term hotel lodging (not homes/apartments) is not considered a marketplace facilitator under specific conditions, so OTAs are typically liable only on their margin, not the hotel’s net rate.

  • Michigan: Marketplace rules generally shift collection to the facilitator when it meets nexus, but specifics can turn on who’s registered and who’s the merchant in practice; see MI’s official guidance/RABs for current treatment.

Takeaway: Don’t assume one rule fits all. Determine (a) whether your platform is a “marketplace facilitator” in that state and (b) whether the state taxes both the net rate and your markup or just your markup.

b) Merchant of Record drives liability

If you, as the platform, are merchant of record (MoR) and add a markup to wholesale/bedbank inventory, you’ll typically be responsible for tax at least on the markup; in some states, on the net rate + markup. Virginia explicitly taxes the total accommodation charge including booking‑agent fees. (Reference below)

c) Local lodging/occupancy taxes are a separate layer

Even where a state requires OTAs/marketplaces to collect state‑level lodging taxes, city or county occupancy taxes may still be the hotel/host’s job if they’re locally administered. Expect fragmentation and verify who files at the local level.

d) Voluntary collection isn’t universal

Some platforms (e.g., short‑term rental sites) enter voluntary collection agreements (VCAs) to remit certain taxes, but not necessarily all (state vs. county vs. city). Don’t assume a platform’s collection covers every jurisdictional tax. (Industry guidance notes this variability and the persistent obligation on the markup.)

e) Enforcement

Courts have upheld large back‑tax assessments against online travel companies when statutes were interpreted to cover their models (e.g., Hawaii Supreme Court 2015; District of Columbia 2015 > $60M). These cases underline the risk of “we thought it didn’t apply.”

g) A practical checklist (quarterly)

  • Map your model by state: Are you a marketplace facilitator there? What’s the threshold? (Commonly $100k or 200 transactions.)

  • Identify MoR vs. agency per product line and document markup treatment. (Assume at least markup taxation.)

  • Separate state vs. local: confirm who remits local lodging/occupancy taxes.

  • File & retain confirmations: registrations, nexus determinations, and any VCA letters.

  • Re‑review after promotions/scale: one campaign can push you over a state’s threshold.




Final Antravia word

Tax compliance is a legal requirement. When you plan your business structure, track deductions, and keep your accounting tight from the start, you protect both your margins and your peace of mind.

At Antravia, we help U.S. travel agents set up accounting systems, prepare for IRS compliance, and create tax strategies that work in the real world. Whether you’re brand new or scaling to seven figures, a solid tax foundation is your best growth investment. Contact Us

References

References – OTA & Marketplace Facilitator Tax Rules

travel agent taxes, travel agent tax deductions, travel agent estimated tax payments, sales tax for travel agents, self-employment tax for travel agents, BOI reporting travel agents, travel agency tax rules, travel agent tax tips

Taxes for Travel Agents in US: The Complete 2025 Guide

1. Hobby or Business? The IRS Rule That Can Decide Everything

2. Choosing the Right Business Structure

3. Understanding Federal Tax Obligations

4. State and Local Tax Rules

5. Sales Tax & Nexus for Travel Agents

6. BOI Reporting

7. Common Tax Deductions for Travel Agents

8. Retirement Plans for Travel Agents

9. Record Keeping & Accounting Systems

10. Mistakes That Cost Travel Agents Money

11. Special Section: OTAs, Marketplaces, and Lodging Taxes - What Travel Agencies Need to Know

Final Antravia word

References

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a 3d image of a triangular shaped object

Frequently asked questions: Taxes for Travel Agents in the US
Contact us at Antravia if you would like to ask us a question

Q1: Do travel agents in the US pay sales tax on commissions?

In most states, no. Commissions are generally treated as service income, which is not subject to sales tax. However, rules vary by state and city. For example, New York City’s Hotel Room Occupancy Tax applies not only to room rent but also to certain “remarketer” or markup fees charged by intermediaries. Other jurisdictions have similar rules when travel agents act as resellers. Always confirm with your state or local Department of Revenue, especially if you bundle taxable services like event tickets or merchandise.

Q2: How does self-employment tax apply to travel agents?

Independent agents are considered self-employed and must pay self-employment tax of 15.3% on net earnings. This covers:
  • 12.4% for Social Security, up to the annual wage base ($176,100 in 2025).

  • 2.9% for Medicare, with no cap.
    High-earning agents may also owe the Additional Medicare Tax of 0.9% on earnings above $200,000 (single), $250,000 (married filing jointly), or $125,000 (married filing separately). These amounts are reported and paid through quarterly estimated taxes (Form 1040-ES).

Q3: What deductions can travel agents take?

The IRS allows deductions for ordinary and necessary business expenses (IRC Sec. 162). Key categories include:
  • Home office expenses if the space is used regularly and exclusively for business.

  • Travel costs tied to client research, conferences, or supplier visits. Cruises may qualify under strict IRS rules in Publication 463, but deductions are capped at $2,000 per year and only if all conditions are met (please check our blog on this)

  • Marketing and advertising such as websites, social media ads, and print materials.

  • Professional fees such as host agency charges, licenses, tax prep, and advisory services.

  • Education and membership costs, e.g. CLIA or ASTA certifications.
    Records must be kept to substantiate all claims.

Q4: Do hosted travel agents still have to file taxes?

Yes. Even if you operate under a host and receive a 1099-NEC, you are an independent contractor. Hosts do not withhold taxes. For 2025, the reporting threshold remains $600. Starting in 2026, the threshold increases to $2,000, indexed for inflation. Regardless of whether a form is issued, you must report all income.
Q5: How do estimated taxes work for travel agents?

If you expect to owe $1,000 or more in federal tax for the year, you must make quarterly estimated payments using Form 1040-ES. For the 2025 tax year, the deadlines are:
  • April 15, 2025 (for Jan–Mar income)

  • June 16, 2025 (for Apr–May income)

  • September 15, 2025 (for Jun–Aug income)

  • January 15, 2026 (for Sep–Dec income, unless you file your 2025 return by Feb 2, 2026)

Safe harbor rules apply: pay at least 90% of your current year’s liability or 100% of last year’s (110% if your AGI exceeded $150,000) to avoid penalties.

Q6: What about state income tax for travel agents?

It depends on your residence. States without broad personal income tax include Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming. However, some still impose narrow taxes (e.g., Washington has a capital-gains tax on certain income). If you operate across multiple states—for example, by attending trade shows or employing staff—you may trigger “nexus” and owe state income or sales taxes in more than one jurisdiction.
Q7: Are travel agents required to file Beneficial Ownership Information (BOI) reports?

The rules changed in 2025. When the Corporate Transparency Act first took effect in January 2024, most LLCs and corporations were required to file BOI reports with FinCEN. But on March 26, 2025, FinCEN issued an interim final rule eliminating BOI filing requirements for most U.S. companies and U.S. persons. Today, only certain foreign-owned entities and specific exceptions are covered. Sole proprietors are not required to file. Agents operating as LLCs or corporations should monitor FinCEN updates, as the regulatory framework continues to evolve.
Q8: How long should travel agents keep records for tax purposes?

The IRS recommends keeping records for at least three years after filing a return. If you underreport income by more than 25%, keep records for six years. In cases of suspected fraud or if no return is filed, the IRS can audit indefinitely. For employment taxes, keep records at least four years. Best practice is to store digital copies of receipts, invoices, and bank statements for seven years. This provides a cushion and protects you in case of disputes.

References for Tax FAQ


IRS and SSA


BOI / FinCEN (Corporate Transparency Act) — 2025 change



State and local tax nuance example



1099‑NEC threshold change