We get a fair number of questions here that are some variation of:
"I'm an influencer/content creator. If I make a video about [vacation/clothes/car/restaurant/gym/whatever], can I write it off?"
Well, the Tax Court has finally given us an actual influencer case to talk about.
Meet Suleiman Sami, the taxpayer in Sami v. Commissioner, T.C. Memo. 2026-69. The Tax Court case can be seen at:
https://dawson.ustaxcourt.gov/case-detail/8834-23
(Item number 73 is the opinion.)
Mr. Sami had a regular job as an IT manager, but he also operated a small marketing firm as a side gig. His side businesses included transportation services, ticket reselling, and social media influencing. His social media content focused heavily on celebrities, athletes, and entertainers.
And Mr. Sami was apparently willing to spend some serious money creating content.
Among other things, he spent thousands of dollars on celebrity experiences, including Grammy tickets, Emmy tickets, and experiences involving Benedict Cumberbatch, Matt Damon, and Mark Ruffalo. He then posted content from some of these experiences on social media.
The argument was essentially that these were marketing expenses. Meeting celebrities created content, content attracted followers, followers helped build his brand, and therefore the expenses were related to his business, and even helped expand his business.
There is some logic to that.
The Tax Court was not particularly impressed with that logic. The Court found that the primary purpose of these expenses was personal. The fact that Sami subsequently used the experiences to create social media content didn't magically transform them into ordinary and necessary business expenses under §162 (section 162 is the section of the tax code that deals with deducting business expenses).
So what should influencers and content creators take away from this?
Making content about something doesn't automatically make it deductible. If you take a vacation, buy clothes, attend a concert, eat at a restaurant, or do something else primarily for personal reasons, filming it and putting it online doesn't necessarily turn it into a business expense.
Otherwise, I'm starting a YouTube channel devoted exclusively to reviewing Caribbean resorts.
“Marketing” isn't a magic word. There needs to be a bona fide business purpose for the expense. What was the primary reason you spent the money, and how does it relate to actually carrying on your business? Is it ordinary and necessary for your business (something may be ordinary and necessary for a roofer or chef that is not ordinary and necessary for a courier or doctor)?
Keep meticulous records. Sami also had significant substantiation problems. Bank and credit card statements prove you spent money. They don't necessarily prove why you spent it. Keep receipts, separate business and personal expenses, and document the business purpose while you can still remember it.
Influencer expenses absolutely can be deductible. The Court did allow some expenses. The rule isn't that influencers don't get business deductions. It's that influencers are subject to the same basic rules as everyone else: the expense has to actually qualify as a business expense, and you need to be able to substantiate it.
A personal expense doesn't become a business expense just because you posted it on social media.
If you're a content creator, ask yourself why the business needed to incur the expense, then keep the records that will let you answer that question if the IRS asks three years from now.
Because “but I got 17,000 views!” is probably not the substantiation your examiner is looking for.
Also, shout out to u/GoatEatingTroll who has a great reply that I always link in influencer threads:
https://www.reddit.com/r/tax/s/c753Yv9Mw9