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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?

21 of 310 comments (clear)

  1. Oh Please by dreamchaser · · Score: 4, Insightful

    They'd be doing this regardless of who is in office. It's what the IRS does...it goes after people who avoid paying taxes on income. As for your gratuitous statement about who will and won't pay the taxes, you do know that 79% of the tax burden is carried by the top 20% of income earners, right?

    Maybe for once we should stop being partisan and take a good honest look at these issues rather than using them as a soapbox to attack one side or the other on the political spectrum.

    As for the topic...as long as our tax code doesn't get fixed this is entirely correct of them to do. And as for those selling MMOG goods, I hope they all get audited. I pay my taxes, and a healthy amount of them. Why should some guy making $50,000 a year selling Ultima Online gold (for example) not pay any?

    1. Re:Oh Please by timmarhy · · Score: 3, Insightful

      right on. i make a decent income, you wouldn't class me as "rich" but i work long hard hours and sacrifice family time and personal time to try make a contribution to society and to increase my wealth and the well being of those around me. why the fuck should some asshole have the right to avoid paying what i have to pay just because he's doing business online?

      --
      If you mod me down, I will become more powerful than you can imagine....
    2. Re:Oh Please by zacronos · · Score: 3, Insightful

      What the previous poster's link points out is that statistics such as those will *always* provide numbers that look warped, because the statistic itself is inherently slanted. Even a flat tax rate will yield similar numbers (and they'll be more extreme the more disparity there is between the top earners and the bottom earners). If, instead, we saw statistics such as:

      the top 1% of earners pay 1% of all federal income taxes
      the top 50% of earners pay 50% of all federal income taxes
      the lowest 1% of earners pay 1% of all federal income taxes
      ... etc.

      That would be indicative of a flat tax (not a flat tax rate, but a flat tax -- as in "everyone pays the same amount of money to the government"), which can also be called a regressive tax. You know what that translates into? "If you start out poor, or at any point find yourself poor, you're probably going to stay there." Economic mobility is one of the great ideals of America, and a regressive tax hurts the economic mobility of those who need it most -- the bottom earners.

      I also disagree with your characterization of "progressive" income taxes as "punitive". Progressive taxes are based on the idea that individuals don't need the second half of their income as much as the first half. For example, one year say I make $50k and it gets taxed at some rate X. The next year, say I make $100k. The first $50k will probably get taxed at rate X, just like the year before; the second $50k will get taxed at a higher rate, let's say $2X. I would be more inclined to agree with you that it would be punitive if they taxed my entire $100k at $2X, but even then it depends on the exact implementation. In the end, here is why I disagree with you: when all else is equal, if you make more, you will keep more. If there were times when earning an extra $5k in the year would be worse than not earning it (in terms of net income after taxes), then it would be punitive. While this may be true in specific circumstances due to tax credits that only apply if you have income under a certain threshold, that is the fault of those tax credits, not the progressive tax rate.

      Progressive tax rates do not discourage people from earning money. Progressive tax rates are not intended to discourage people from earning money. They do not punish people for earning more -- or at least if they do, they don't do a very good job of it, since in mind mind the primary objective of punishment is to discourage the act (either in the once committing the act, or others considering committing the act). Therefore progressive tax rates are not punitive, and personally I feel that it is either ignorant or intellectually dishonest to say so.

      > It's simple redistribution, and the more you make, the more it tilts away from you.

      Yes, but it never tilts away enough that you'd prefer to earn less than more, does it?

    3. Re:Oh Please by tiny-e · · Score: 2, Insightful

      If I sell a used item on eBay, to my neighbor, at a yard sale, etc.: Sales tax (most-likley) has already been paid on the item at the time of the original sale. Charging sales tax again is double-dipping --like they do to you when you buy/sell a car, boat, etc.

      If the IRS wants to count my selling of an old pair of skis on eBay as income, then I should be able to write off their original purchase price (or the difference between the two) as a loss.

      People that are using eBay as a business and selling a lot of product should have a tax ID # like any other business, or be prepared to file profit & loss statements on their personal taxes.

      As far as working long, hard hours to try to improve your station in life to only see others gaming the system and getting ahead: Don't be mad.. no matter how hard you work there will always be somebody who skates by you making more, doing less, possibly "cheating" the system. It's the way things work. Some would call it innovation.

    4. Re:Oh Please by fyngyrz · · Score: 3, Insightful
      Charging sales tax again is double-dipping --like they do to you when you buy/sell a car, boat, etc.

      The entire system is based on multiple dipping, and the lower you are, socioeconomically speaking, the more dips you pay.

      Say a corporation pays an employee $20000, and he pays $500 in taxes of which, 100% comes from its customers. So the customers are paying the salary and the taxes for the corporation's employee. In the meantime, the customer is paying those costs with what is left over from his income, after tax. So the customer in every case pays his own taxes, and then those in the economic pyramid above him from what remains after his taxation.

      Here's another one. Some company - say the gas company - decrees, for whatever reason, to have medical coverage for its employees. Where does that money come from? Why, from the gas company's customers, of course. So as a customer, you pay for the gas company's employee's medical coverage out of your income before you can pay for your own. Same for the bank employee and so forth.

      You don't get to say, for instance, that you spent all of your income ($20000) and of that, 27% went into paying other people's taxes, so you shouldn't be taxed on that part of what you spent. Oh no. You pay your taxes, the taxes of the guy who hauls fuel for your car, the taxes of the guy who sucks the oil out of the ground, the taxes of the guy in the convenience store where you get your fuel, and the taxes of everyone else from whom you purchase a good or service, and you pay this out of your taxable income. Nice, eh?

      So the fact is, the people at the bottom of the pyramid have everyone else's costs built into their incomes.

      But it is actually worse than that. Unlike taxes, the progression is reversed, percentage wise. Got a lot of phone business to do with the phone company? Then they'll reduce your rates, special deals, good customer, yadda yadda. Percentage wise, you're now paying less for the medical care and taxes of the phone company employee than is some single mother who has a phone on the basis of the services of the phone company you actually receive. That leaves more for you to pay your own costs both on a percentage basis, and on a real basis.

      Our economy literally sits heaviest on the shoulders of those at the bottom. It is designed to do so, or at the most optimistic, has evolved to do so.

      --
      I've fallen off your lawn, and I can't get up.
  2. Re:I support the IRS on this issue by dreamchaser · · Score: 4, Insightful

    Sales tax in the US is a State (sometimes with an additional % or two for the county) tax. The IRS is in charge of Federal Income Tax. You are comparing apples to oranges.

    However, I do agree that our whole tax code is messed up. A flat or consumption based tax would reduce the size of the IRS by an order of magnitude, save taxpayers billions spent on accountants and tax software, and probably bring in more overall revenue than the current system.

    The Tax Code is more about power and control than it is about money.

  3. Why? by ScentCone · · Score: 1, Insightful

    wow. The war in iraq must be getting dicey if we are chasing after the income of less than a million people.

    Why should that surprise or amuse you? All of the talk about how the "rich" should pay more taxes is talk about a lot less than 1 million people. And, um... why focus on DoD spending? What about people who buy their blood pressure medicine with money that was taxed from you, rather than just eating fewer cheeseburgers and giving up smoking (especially since the cigarettes cost more than the dose of statins anyway!)? Taxing income is taxing income. People who specifically look for a way to run a retail business that will, at least temporarily, get them around paying taxes are deliberately trying to get away with skipping something the rest of us aren't. Why would it make you "chuckle" to see the government trying to keep up with an obvious, and very huge, segment of the evolving economy? I just bought something from an eBay-centric retailer the other day, and the company had completed over 50,000 auctions. Would you rather that that person's income tax obligations were just pushed over onto someone else who just happens to be running their own shop in a more traditional format?

    If you're just for lower taxes in general, then why aren't you arguing for completely universal tax enforcement so that your share (and mine, and everyone else who does the right thing) of taxes CAN be lower, as they then could and should be? Anyway, nice flamebait. I'm sure you had to go to a special school to perfect that really smooth disengenuous, ironic tone. Were you able to write that cost off your taxes?

    --
    Don't disappoint your bird dog. Go to the range.
  4. Lets simplify the tax code by G4from128k · · Score: 2, Insightful

    Perhaps if more people are exposed to the unpleasantness of taxes on their de facto small businesses, then more people would vote for candidates that include tax simplification as a key goal. The current U.S. tax code is a Byzantine mess that is great for accountants, tax attorneys, and tax software companies who add no value to society other than to comply with artificially enacted arcana.

    I have no problem paying my fair share (and think everyone should), but I hate that I have to spend so much money and time dealing with all the rules, forms, and administriva of compliance.

    --
    Two wrongs don't make a right, but three lefts do.
  5. Re:I support the IRS on this issue by 140Mandak262Jamuna · · Score: 2, Insightful
    You make me chuckle. At least in my city (where we had 300 murders last year) it is quite common for break ins to your house and car. I had a CD case with CDRs stolen... even though it cost me $200 to replace the window I wonder the surprise of the thief who tried to pawn those off.

    You are comparing present state of affairs of USA to some sort of ideal utopian society and find it wanting. I am comparing the very same USA to present state of affairs for 80% of the world population. In most developing nations, property crimes are rampant, people are poor and the temptation to buy stolen goods at 50% off is very very high. Very clearly you have not lived outside USA.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  6. Re:I support the IRS on this issue by Rob+the+Bold · · Score: 3, Insightful

    A sale is a sale and income is income. If the law says there is a tax on income it should apply uniformly to everyone.

    If you're an average person selling off unwanted stuff on ebay and buying the junk you want instead, then you aren't going owe income tax. You already paid income tax on the money you made to purchase your junk years ago. Most of it has not appreciated, to put it bluntly. If the IRS were to start playing hardball and try to tax you on the sale as Capital Gains, you would play hardball right back and show them your original basis and then the IRS would owe YOU for your loss. Likewise if they tried to call it ordinary income -- you're selling it at a loss, so no income. And then you'd started claiming your ISP fees as business expenses, and you'd take the home office deduction for the space you use to photograph and package your old junk. So the IRS won't come after ordinary "garage sale" type transactions.

    Natch, this wouldn't apply so much to someone whose business is turning stuff over on ebay. They could be taxed on income the same way the corner store is, because they are presumably making a markup by buying wholesale and selling retail.

    When I came to USA first I was amazed to see how much of the expensive stuff is left around the homes completely unsecured. 1000$ grills, 800$ deck furniture, children's toys, garden tools, garden sheds are all left unlocked and no one would steal them.

    There's some unwritten rule about not stealing outdoor furniture and stuff like that. Even when my wife was my girlfriend and was living in a "bad" neighborhood, no one ever messed with her porch furniture. Sure there was gunfire in the hood, and her landlord's maintenance guy was murdered a few blocks away. And her house was broken into and her laptop stolen. But the porch furniture was always left alone.

    --
    I am not a crackpot.
  7. Re:I support the IRS on this issue by Ph33r+th3+g(O)at · · Score: 2, Insightful
    . . . you would play hardball right back and show them your original basis and then the IRS would owe YOU for your loss . . .

    So who has receipts going years back for garage sale-type items they're selling on eBay? Sure, going forward, we can all keep every receipt, but cleaning out the basement could be a taxable event now. Of course, all this kind of thing will do is drive people to dump things into landfills rather than deal with the hassle.

    --
    I too have felt the cold finger of injustice.
  8. Re:3rd party seller by Oligonicella · · Score: 3, Insightful

    Simple. Your grandmother needs to start keeping very detailed records. She must prove to the IRS she didn't make $12K. I don't see the problem, other than her hobby became more detailed.

  9. Re:I support the IRS on this issue by Registered+Coward+v2 · · Score: 4, Insightful

    However, I do agree that our whole tax code is messed up. A flat or consumption based tax would reduce the size of the IRS by an order of magnitude, save taxpayers billions spent on accountants and tax software, and probably bring in more overall revenue than the current system.

    Actually it would replace one set of convoluted rules and tax avoidance methods with another.

    For example, some proposals suggest only taxing the final sale price to the end use; not the sale of goods required to produce an item. So a house, for example, would be taxed when it was first sold, but the lumber, etc would not be taxed when the builder bought it. While this makes sense on the surface - you only tax the items once; the goal then becomes to either:

    1) lower the sales price as much as possible while still getting the desired cash. So, for example I build a home and then take out a $500,000 mortgage on it - which I get in cash. I sell you the house for a dollar and you assume the $500k debt. The government collects tax on a dollar, I have the desired cash and you avoid a large tax bill. This was actually a way to do a tax free sale of assets in the US until the Feds outlawed it via the tax code.

    2. find a way for the ultimate end user to be the builder and never sell the house. So I form a corporation for the express purpose of building a home and hire a contractor to do so. Once the house is built I occupy rather then sell it. Since the first sale has not occurred I have not incurred any tax liability. When I go to sell the house I sell the corporation which owns an asset - so unless you tax sales of corporations as well I make a second tax free transfer; or I do 1 above as part of the sale.

    A "Fair Tax" as some propose on consumption will not simplify the tax code; all it will do is cause smart people to find new loopholes that Congress will then try to close.

    A secondary effect is the impact on such things as home sales - new homes would have to sell for less than existing ones since they would be taxed and buyers tend to look at the final price, not the one "before tax" price.

    Of course, Fair Tax advocates simply ignore these points when making their argument. I set next to one on a plane flight, when he brought up the "Fair Tax" and try to sell m e on it I started asking about these things - his response was to get upset and say the details weren't important. At least I shut him up so I could enjoy my book.

    --
    I'm a consultant - I convert gibberish into cash-flow.
  10. Re:Two inaccuracies in parent by gnasher719 · · Score: 2, Insightful

    '' This is EXACTLY what is wrong with our system. If you make money then you are a business or hobby and get taxed but if you lose money then it's a different game. You can't be a business and STILL have to pay taxes as they want to tax anything over $600. ''

    You haven't thought this through. So you think anyone with a money losing business should be able to deduct their losses from tax. Well, apart from my normal job I run a few businesses. One business is selling reviews of CDs, DVDs and videogames. Had a lot of cost for buying all those CDs, DVDs and games, spent lots of time listening to the music and watching the DVDs, and didn't make one cent from selling the reviews. My second business as a restaurant reviewer makes losses as well, and so does my third business as a holiday resort reviewer.

  11. Re:I welcome the IRS by Planesdragon · · Score: 2, Insightful

    I've got karma to burn. The parent isn't trolling --- but telling it like it is. No, he's trolling.

    Let's say that you individually make $60,000 a year on ebay, and you skip out on the income and sales taxes. Assuming a 20% federal income take (as this is likely in addition to your regular job) and a 10% state income-and-sales take, that'd be $12k that the federal government either has to do without, borrow, or get from the rest of us, and $6k that your state has to do the same with.

    Tax policies aside, it's just a rule of law thing. the law says pay the tax, so you pay the tax -- and if you don't like it, you get off your ass and work to change it.
  12. The Scum Quotient. by Fantastic+Lad · · Score: 2, Insightful
    Simple. Your grandmother needs to start keeping very detailed records. She must prove to the IRS she didn't make $12K. I don't see the problem, other than her hobby became more detailed.

    The problem is that she has to keep very detailed records. Running your own swap-meet garage-sale thing on-line is fun. Keeping detailed records for the benefit of a bunch of pathologically corrupt, parasitic government scum is not just un-fun; it's infuriating.


    -FL

  13. Re:3rd party seller by Shadowlore · · Score: 2, Insightful

    She must prove to the IRS she didn't make $12K. I don't see the problem,

    So you are OK with the government making allegations and the accused has to prove them false?

    Well if that's your belief so be it. But when the government crashes down your door and accuses of oh say rape, murder, or treason and you have to prove your innocence instead of them proving your guilt, don't whine about getting screwed.

    --
    My Suburban burns less gasoline than your Prius.
  14. the irs may be sorry if it does this by The_Rook · · Score: 2, Insightful

    be a little realistic. the irs is not going to go after anyone selling off an old laptop or the flotsam and jetsam of everyday life. mailing the letter asking for the taxes on the sale of a pair of old sneakers would likely cost more than the taxes collected. and if they have even a small fraction of taxpayers substantiate their original purchase price and selling costs etc. the total effort won't be worth the tax collected.

    more likley, the irs wants to capture taxes on income from undocumented businesses - that is, people who sell stuff on e-bay on a continuing basis by making things to sell (like soap, homemade tomato sauce, etc) or who buy things from local wholesalers for resale on e-bay.

    the pitfall i see for the irs is that it's actually rather expensive to do business on e-bay. unless an e-bay seller's product has a huge markup, the actual profits are rather small, if there is any profit at all. the irs may create a hugely expensive documentation requirement for itself as well as e-bay to generate very little in the way of tax revenue. it would be a disaster if it cost more to collect the taxes than the tax revenue generated.

    --
    when religion is no longer the opiate of the masses, governments will resort to real opiates.
  15. Fraud by rtechie · · Score: 3, Insightful

    I for one am in favor of this move. Not because I think people should be paying more taxes (When people are going to great lengths to avoid a tax, it's a sign that tax is unfair. Nobody should be paying income taxes that makes less than $100,000 per year.) but because this might do something to prevent the rampant fraud we see on eBay. The fraudsters aren't likely to want to pay taxes, and collecting taxes will probably require eBay to collect more information on sellers, which will reduce fraud. Especially if eBay faces financial penalties for not properly collecting tax revenue.

    Here's hoping.

  16. Re:I welcome the IRS by briancnorton · · Score: 2, Insightful
    That's not what they're going after, it people that make a living and pay no income taxes, in some cases getting paid (by you) to do so. Sales tax isn't the issue, it's income tax. If EB sells an Xbox, they have to report the revenue for their business income taxes. If you buy a lot of 100 Xboxes and sell them across state lines, you legally avoid sales tax. If you make 10,000 dollars doing it, that's income just like EB had, and you owe your share of that just like everybody else.

    And your approval of what the government spends it on should be reflected in your voting, not tax fraud.

    --

    People who think they know everything really piss off those of us that actually do.

  17. Re:I welcome the IRS by ciscoguy01 · · Score: 2, Insightful

    You would need to keep good records to show that you didn't "make" money on the sale. In your case I would think you could actually report a loss of $100 and that would reduce your taxable income. Keep in mind that I'm not a tax expert or even a tax newbie...

    You said it. The problem with all this is ebay reports to IRS that you sold something for $50. What they don't report is that you paid $300 for it, used it, didn't like or need it and are now selling it for $50.
    It creates a whole new accounting nightmare for everyone.
    What's next, if you sell your old stereo on ebay or craigslist for 75% off that is somehow "income"? What about when you sell your used car? Is that income now?
    It's just nuts. I hope congress quashes the whole idea.
    Not that professional ebay sellers shouldn't declare their sales, they should.
    But there is a difference between that and selling your old stuff at a loss.

    --
    .