Taxing eBay Part Deux

When my column on paying income tax on eBayactivities to be business oriented and you will be
profits ran it brought a wave of emails on whether yourequired to file a Schedule C and claim the income.
were required to report income earned from eBayAs mentioned last week, the IRS uses a number of
sales to the IRS sparked a number of additionalfactors to determine if an eBay hobby that generates
questions and comments from eBay sellers who weresales revenue is actually a business. These factors
hoping that I could somehow validate that their eBayinclude:
activities were mere hobbies instead of actual· Do you carry on the hobby in a business-like
businesses and therefore not susceptible to IRSmanner?
taxation.· Do you spend considerable time working on
Several folks argued that just because their little eBaythe hobby?
hobby generated a little cash, that didn't make it a full· Do you depend on income from your hobby
blown business. It seems they consider the incomefor your livelihood?
from their little hobby to be financial manna fromIf the answer to any or all of these question is yes,
Heaven and thereby not taxable by earthly taxyou're running a business, not carrying on a hobby, and
collectors. I've always been amused by folks who tryyou are responsible for paying taxes on your income.
to impress me with talk about their "little side business"What's eBay's take on all this? Naturally eBay is
but when the subject turns to taxes they suddenlyvehemently opposed to anything that might rock the
refer to it as "my little hobby."eBay boat. eBay does not issue 1099 tax forms to
All arguments aside, the conclusion that I came to aftersellers, nor does it report seller's sales figures to the
reading each of the emails was always the same:IRS.
while you may think selling on eBay is just a funEbay considers itself merely to be a facilitator, meaning
pastime and the money you're making is not reportablethat they provide a marketplace in which buyers and
as income, depending on the circumstances, the IRSsellers come together to do business.
would probably disagree with you.Furthermore, under its current system it would be
It seems that everyone likes making money, but hatesimpossible for eBay to issue accurate 1099s to sellers.
carving off a piece for good old Uncle Sam. WelcomeeBay does not track if a seller actually gets paid by
to free enterprise, folks. If you're going to come to thethe buyer, so eBay has no idea how much money - if
dance you have to pay the fiddler.any - actually changes hands at the end of each
The IRS rules are clear: you must pay taxes on alltransaction.
personal and business income and that includes moneyOn the bright side, if you do sell on eBay as a business
you make selling on Ebay.you can deduct a number of business expenses,
In its most basic sense, the IRS rules can beincluding the cost of inventory, listing fees, shipping,
interpreted to mean that if you buy an old vase at aenvelopes, packing materials, etc.
garage sale for $10 and sell it on eBay (or elsewhere)You might also be able to deduct things like the
for $20 you made a $10 profit and therefore mustpurchase of a computer for business use, office
report it as income and pay Uncle Sam his fair share.space (even if it's a home office), office supplies, and
In reality, if you are a casual seller who only sells a fewmore.
items on eBay every now and then it's doubtful theTalk to your accountant if there's any doubt as to
IRS is going to let loose an army of agents to collectwhether you should or should not be paying taxes on
taxes on the few bucks you make. However, if youyour eBay earnings.
consistently sell on eBay the IRS may deem your