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IRS To Go After eBay Sellers

prostoalex writes "Fed up with numerous violations of tax law by individuals and businesses selling goods on eBay, Amazon Marketplace, uBid.com, etc., IRS is pushing Congress to make online marketplaces responsible for reporting the sales information to the tax man, in order to prevent under-reporting of the income. eBay's 'own statistics suggest that there are 1.3 million people around the world who make their primary or secondary source of income through eBay, with just over 700,000 in the United States', News.com says." How long before the same fate befalls the folks who make a living working the Massively Multiplayer secondary markets?

12 of 310 comments (clear)

  1. What's so strange about it? by Gadzinka · · Score: 4, Informative

    I don't understand what could be wrong with it.

    I don't know about eBay, but I know for a fact, that there are people in Poland using local auction service that move tens if not hundreds of thousands $ worth of stuff monthly, without paying any taxes on that. Polish revenue service lately started monitoring it closely and collecting from those people, reassuring all the time, that they are not interested in people using internet auctions for a garage sale. As far as I know, that is true.

    Whether you believe in taxes, is another matter, but I don't see why certain individuals should get a tax break just because it is difficult to hold them accountable. It's within a power of the state to levy taxes and create the law to help with it. And sometimes the state forces some reporting duties on some entities in order to help the state. Take for example your salaries: in most countries employers are forced to report the salaries of the employees to regulatory and/or revenue agencies, and I don't see anyone screaming bloody murder.

    Robert

    --
    Bastard Operator From 193.219.28.162
  2. Re:Nothing To See Here by kt0157 · · Score: 5, Informative

    There is no tax due in the UK on your personal property when disposed of, even if at a profit (personal effects are exempt from capital gains tax because they would mostly generate losses to be offset against other gains). If you trade stuff you acquire for re-sale, and you trade enough to go over the VAT threshold (which is quite high), you will have to account for VAT as a second-hands good trade (essentially, VAT is charged on the difference between the buy and sell price). On the upside, you can reclaim VAT on all the kit you use to trade (e.g. computers, fuel, etc.).

    In the US and Canada things are a bit different due to sales tax. In Ontario, for example, everyone is required to send a cheque for PST to the Ontario finance minister for all sales of goods, no matter how small, no matter if a yard sale, no matter if a private sale. Of course, not one citizen abides by this crap law (except where the provincial or federal Government can track the ownership of private goods, such as cars, planes and boats). But once EBay are sending nice XML files straight to the Government tax weasels you can imagine a nice automated bill (applied directly to your EBay account, naturally).

  3. Re:I support the IRS on this issue by Snorpus · · Score: 5, Informative
    If you buy an item, and then resell it at a higher price, you are no different than the shop around the corner (or WalMart)... the difference between your selling price and your purchase price, less expenses, is income, and subject to income tax. If you're selling used household items (that baby carriage that's been collecting dust for years in the basement), and you sell it for less than you paid for it, there is no income tax (in fact, you *might* be able to deduct the loss, if you have other gains to offset it). Of course, the IRS wants proof that you sold it at a loss.

    The fact that you paid income tax already on your wages from your regular job is irrelevant.

  4. Re:MMO Black market by vertinox · · Score: 4, Informative

    It's "technically" "illegal" to sell most MMO stuff like gold and characters, at least for the most heavily populated. The irony?

    No... It is not "technically" illegal. Violating an EULA does not actually violate any criminal laws. They can of course refuse you service or take you into civil court for a breach of contract but they cannot impose criminal fines or jail time on you for such an act.

    Secondly, the IRS still requires taxes paid on money gained through illegal means. Drug dealing, gambling, bootlegging, extortion, and laundering all count under this aspect. Chances are if they can't prove you are doing something wrong they will nail you for tax evasion.

    Happened to Al Capone since they couldn't get him any other way.

    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  5. Re:I support the IRS on this issue by 140Mandak262Jamuna · · Score: 4, Informative
    If you sold your 2000$ lap top for less than 2000$ in E-Bay, you made a loss, there is no tax for you. There are people who scoop up items on garage sales for very low price and resell it in Ebay for a profit. Some of these folks are so good at it, it increases their income substantially. Those who make profit pay tax on the profit. The fact that you sold it to pawn shop, or on the garage sale or on the flea market or Ebay makes no difference. If you make multiple deals, some at profit and some at loss you pay a tax on the net profit, it any. You can deduct the cost of your computer, ISP charges etc as business expense if you used them for ebay work exclusively. If you have paid a professional photographer to take pictures of your car to post ebay you can deduct that too. If you make a net loss you can deduct upto 3000$ of it from your regular income. If you made more than 3000$ loss, you can carry it over to the next year and the year after etc etc indefinitely.

    The system is quite fair, indeed.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  6. Re:Oh Please by ScentCone · · Score: 4, Informative

    Maybe for once your partisan republican ass should stop making blatant lies?

    You're actually saying that, and then linking to an "analysis" that cites a fictional town with a flat tax rate as an example of why he's wrong?

    Income, property, and other tax rates are NOT flat. They are largely "progressive," which translates to "punitive." Here are the numbers, released by the IRS, based on last year's taxes:

    84.6% of all federal income taxes are paid by the top 25% of earners
    96.7% of those taxes are paid by the top 50%
    The top 1% pay over a third of those taxes.

    And just to flesh out the picture: the lowest-earning fifth of the citizenry receive over $8.00 in government spending for every $1.00 in taxes paid. Middle income households receive $1.40 for every dollar paid, and the high end people receive $0.41 for every $1.00 they spend. Government spending aimed at the lowest-earning 60% exceeds that which is collected from them. It's simple redistribution, and the more you make, the more it tilts away from you. Your flat rate fantasy example is complete BS (but, you knew that).

    --
    Don't disappoint your bird dog. Go to the range.
  7. Two inaccuracies in parent by G4from128k · · Score: 2, Informative

    1) You can sell an object for less than you paid for it and still owe taxes.

    If you buy an item for your business, and deduct that purchase from your taxes, and then sell that item later, you owe taxes on it. You can't buy a $2000 laptop, deduct $2000 from you income, and then sell the laptop for $1500 and still retain the $2000 deduction. Beyond this basic fact, the exact tax effects get more complex because it depends on how you are deducting the original purchase of the laptop (either as a Section 179 expense, as purchased inventory in the laptop reselling business, or depreciated on a multiyear schedule).

    2) You can't have a "business" that generates losses year after year

    If you have a "business" that loses money too often, the IRS will start to get suspicious and they will try to declare the business as a hobby. The exact rules are unclear, but you need to be able to show the IRS that you really are trying to make a profit, are dependent on that income, etc.

    As an aside, there is no fixed limit on the deduction of ordinary losses from a business (other than you other income sources). The $3,000 limit applies only to losses on purchases of capital assets.

    --
    Two wrongs don't make a right, but three lefts do.
    1. Re:Two inaccuracies in parent by DougWebb · · Score: 2, Informative

      If you have a "business" that loses money too often, the IRS will start to get suspicious and they will try to declare the business as a hobby. The exact rules are unclear, but you need to be able to show the IRS that you really are trying to make a profit, are dependent on that income, etc.

      The last time I checked, the rules were pretty clear: you had to have a net profit in two or three of the past five years, or something like that, in order to claim the activity as a business rather than a hobby. That seems fair to me; it gives startups a few years to become profitable, while benefiting from the tax break of deducting losses, without letting anyone get that tax break year after year on money they spend for fun.

      If you buy an item for your business, and deduct that purchase from your taxes, and then sell that item later, you owe taxes on it. You can't buy a $2000 laptop, deduct $2000 from you income, and then sell the laptop for $1500 and still retain the $2000 deduction.

      Of course you still retain the $2000 deduction, but now the $1500 sale is all income, because from the IRS' point of view the laptop has a $0 cost. Assuming your tax rate is 30%, you'll wind up owning the laptop for a total net cost of just $350 between the time you buy it and the time you sell it. That's not bad.

      From your point of view:

      1. Buy $2000 laptop Net Cost: $2000
      2. Deduct $2000 laptop as business expense Net Cost: $2000 - $2000 * 30% = $1400 (you get $600 in tax savings due to the deduction)
      3. Sell laptop for $1500 Net Cost: $1400 - $1500 = -$100 (a profit)
      4. Pay taxes on sale Net Cost: -$100 - $1500 * 30% = $350 (The $1500 is added to your gross taxable income)
      5. Final Net Cost of laptop: $350

      Sure, it would be nice for the taxes at step 4 to be based on either the $100 profit (relative to your actual net cost) or $500 profit (if you ignore the tax savings from step 2) but neither of those options would be fair; you'd be double-dipping. As an alternative, you could not take the deduction:

      1. Buy $2000 laptop Net Cost: $2000
      2. No deduction Net Cost: $2000 (you're paying $600 more in taxes now)
      3. Sell laptop for $1500 Net Cost: $2000 - $1500 = $500
      4. No taxes on sale Net Cost: $500 (no tax because you sold at a loss)
      5. Final Net Cost of laptop: $500
      The laptop winds up costing you more, plus you're paying additional taxes; if you count that the laptop has cost you $1100 instead of $350 with the first approach. That's still not bad, considering that most people would buy the $2000 laptop and wind up burying it in a closet or throwing it away, never recouping any of the cost. But you can see how businesses (included self-employeed individuals) manage to lower their overall taxes.
  8. Re:Oh Please by Anonymous Coward · · Score: 1, Informative

    Yes, true, but these numbers mirror the change in income and wealth distribution to the very top over that same time period as well . . . Just look at CEO compensation in 1979 vs 2007.

  9. Re:I support the IRS on this issue by TheSpoom · · Score: 2, Informative

    You're likely looking for this.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  10. Re:I support the IRS on this issue by 140Mandak262Jamuna · · Score: 2, Informative
    All IRS is demanding EBay to do is to report the sales and identify the sellers. It is the responsibility of the sellers to calculate capital gains or short term profit and pay taxes if any. The demand from IRS is simply a tool to verify tax compliance. Nothing more.

    Schwab, Vanguard and Alex Brown send me 1099-(B/Div/Int) and it reports every sale I made last year, identify the security, date of transaction and net proceeds from the sale to IRS and to me. The data is machine readable. IRS checks to see if I have reported all these sales in my tax return. It is upto me to calculate the profit/losss/captial gains. It is my responsibility to prove the correctness of my calculations if I am ever audited. Ebay's responsibility is nothing more than what almost all the financial institutions have borne for ages.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  11. Re:I welcome the IRS by sumdumass · · Score: 2, Informative

    I think there are two distinct issues at hand here. You getting $45 for a stereo that cost you $150 new isn't one of them.

    First, there are people who go yardsale-ing and pick up loads of crap for next to nothing and then turn a profit on Ebay. This is the same as the corner store buying crackers from Nabisco and selling them to you for a profit. That profit should be taxable income-minus expenses.

    The next issue is tax depreciations. Several items when used in conjunction with a business can be depreciated over a useful life time. Usually this is between 3 and 5 years but can be more or less depending on what they are. Now, If you depreciate the cost of your work computers over 3 years, then turn around and sell them at a higher value, then their depreciated value, you are making a profit.

    This depreciation is used commonly for work vehicles, computer software, office chairs and stuff like that. Machinery and tools are also depreciative. If i remember correctly, You can depreciate to 30% of the value over three years on most things and your can depreciate to scap ($0.00 value on some)over the expected lifetime of the item. So after going this route for three years on a $10,000 car, you have deducted the costs of an asset costing $10,000 to $3500 or so. But if you sell it for $5000, then you have to repay the taxes on the $1500 in deductions for depreciation as income. A common step is to re-appreciate the value if you know you will be disposing of it soon and you can offset the differences with other tax structures.

    Now, It has been a while since I handled my own taxes so some things could have changed since then. This is also a grossly over-simplification of the situation concerning depreciating items but it serve the point of illustration well. I'm pretty sure this is the taxes that the IRS is looking for. The Ebay businesses and the sell off of depreciated items for more then their depreciated value. But in either situation, if your are making a profit, you are collecting income and should be paying tax on it.

    This later is a confusing animal. It is like deducting the amount of taxes paid in 07 for the tax-bill that was owed in 06 from the return being filed in 08. This beast is best left to qualified CPAs as far as I'm concerned(err have found).