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New Tax Laws -- Info for Confused Small Sellers

THIS IS A POSITIVE THREAD. PLEASE DON'T TURN IT INTO A WHINE-FEST!

 

I am NOT an attorney or accountant. Just a small seller, like you. Been on here for 20 years, now. Since the days of checks, cash and money orders only. Casual seller, mostly things from my house that we don't want. It's been about making a little bit of money so that I could buy the things I like from other sellers cleaning out their own houses (smile). One collection feeding another, if you like. Can't think of a thing I've ever sold that made a profit, that's for sure. Like the old Harold Arlen song says, "It's been fun. Now I'm done. But I'll never sing a loser's song. So long."

 

This is not the thread to discuss whether the IRS rules are fair or not. (Heaven knows, there are enough of those on this seller forum and elsewhere, if you're so inclined.) I just want to share what I've recently learned.

 

What I got from the IRS is that I am classified as a "hobby seller". Like my daughters who decided to open Etsy stores for their knitting and felted items. The IRS does not view any of us as a business, because we're not doing it "for income purposes". (Not true, but let's move on. Positive, remember.) Turns out that since 2018, "hobby sellers" cannot deduct any expenses on a Schedule C. They can only pay income taxes on the gross (whole) amount of money processed by the entity who handles that for them (Paypal Invoice, eBay, Etsy, Venmo, Zelle, et al). That includes the item's price plus the shipping charged to the buyer (sales tax should not be included, if the money handler is doing their business right). Let me repeat this: As a "hobby seller", the entire price that a buyer pays for an item (ITEM PRICE + SHIPPING) is counted as income to me for tax purposes. There is no deduction for fees or shipping charges paid out by me because of the sale.

 

The IRS said that, in order to qualify as an "unincorporated business seller" and not a "hobby seller", I would have to show that I made a profit on my sales for three of the last five years. (And if they allow me to be a "business seller", they see me as "self-employed", and I would then owe them an additional 15.3% per year on the whole amount for FICA (Social Security & Medicare taxes). Or I can become  a business by incorporating (big $$ for a casual seller, when combined with accountant's fees). TurboTax has made a nice page explaining this. Just search for "When the IRS Classifies Your Business as a Hobby" and look for the turbotax.intuit URL.

 

I'm taking the time to post this, not to feed the whining and recriminations found out there, but to clarify something that never seems to be mentioned in the threads I find. I see a lot of casual sellers like me asking this "gross amount" question, and the advice is always to get a Schedule C and start deducting the bookkeeping you've meticulously documented. That is not correct for most of the people I see who are asking! And absolutely no one explains about the 15.3% FICA tax that's mandatory for "self-employed hobby sellers" (remember, that's how the IRS will classify them, if they are allowed to file a Schedule C). Before anyone gets surprised at the end of the year (especially those of you on Social Security and SSDI), you really want to consider ending your listings and making an informed decision. If it's still a go for you after that, then you can just hit the relist button. But we're already well into the New Year, and there is no forgiveness period with the IRS.

 

Let me give you an example, and then you can do your own math for your listings. We're assuming (for the sake of the people I'm talking to here) that you take your mail to the PO to buy postage and use recycled packing from items that you've bought. If you decide to print your own labels, you save a bit and spend a bit, so it may or may not be worth it in the end. If you have to buy packing, you spend a lot. You're just selling stuff from around your house, so your investment is zero. (Remember, the IRS no longer allows deductions for "hobby sellers".)

 

I sell a number of items for $9 (I have two other selling IDs). They're small and lightweight so classify for USPS First Class postage. To provide eBay with a tracking number, I have to use FC Package Service. With the USPS rates that became effective today (09 Jan 2022), it costs $5 to ship 4oz. to the furthest point from me. That brings us to $14 for the buyer. Then we add their sales tax (averaging in the US, it's safest to use 8%), for another $1.12 that the buyer's paying. eBay Managed Payments deducts $2.20 for final value fees before sending the money to my bank. Shipping costs $5. So, let's do the math here on a few of my items:

 

$9 + 5 + 1.12 = $15.12 (buyer pays)

$-5 + -2.20 = $-7.20 (expenses)

I will net $7.92 on this $15.12 sale. I will pay income tax on $15.12.

++++++++++++++++

$225 + 24.89 + 19.99 = $269.88 (buyer pays)

$-34.17 (fees) + -24.89 (ship) + -160.00 (cost of item) + -5.00 (large box) = $-224.06

I will net $45.82 on this sale. I will pay income tax on $269.88. (Remember, even though I have the receipt for this one, a "hobby seller" is not allowed to deduct it anymore.)

++++++++++++++++

 

Now, assuming that I spent nothing on the item, didn't pay for packing or printing, didn't use extra gas to get to the PO, and the buyer doesn't return the item or ask me to combine shipping after they've paid, you can see that I will pay tax on about twice what I actually "made" on the small item. The large item . . . well, I bought that one before I knew about the "hobby seller" rule. If you did my math with me, you'll see that I get to take a loss of 83% of what I'll have to claim as income and am not allowed to deduct it. I receive 17% of that total sale but pay income tax on 100%.

 

Let's move on from "that's not fair" and "what a fool you are" and all those other nasty comments I see floating around on eBay (and the rest of the internet). I'm trying to help small sellers like myself to understand what's happening here, because the IRS is not going to accept "I had no idea" when you file those 2023 income tax returns.

 

I feel like a lot of people are going to be hurt, since they're getting wrong answers from big "business sellers" here on eBay. DO THE MATH on your own listings, and really figure out how this will play out for you. You can always call the IRS at 800-829-1040, and get it straight from the horse's mouth.

 

Hope this helps, and wishing you the best of success on whatever you decide to do!

 

Message 1 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers


@lacemaker3 wrote:

@the-orange-cat, I don't get it.

 

Why are you so determined that you can only be a hobby seller, and therefore you will have to stop selling?

 

Why can't you consider the possibility that there might be a better way to go about this? A different way of managing your sales, that would allow you to continue selling, if that's what you really want to do?

 

You're taking a very one-sided, biased viewpoint. Maybe  this is the only way for you, but if so, I think you should be honest to yourself, and admit that you just don't want to sell things anymore. If you wanted to continue doing this, then you would be open to figuring out how you can continue.


He probably gets additional aid for things like medication or special help paying Medicare premiums. There are a LOT of people that simply can't continue doing what they enjoy because of this. A lot of people do (or more likely "did" in the next couple of years) this as a "hobby" and they just took the same money and recycled it over and over. Not looking to profit, just looking to collect or whatever.

 

People that collect or pay child support, those collecting social benefits such as food stamps, rental assistance, WIC all kinds of things will be impacted. 

 

It's not just just a random rich dude with a $19,999/199 transaction hobby. It will mostly impact those who need the assistance than most so no they can no longer go on eBay or wherever to sell the $602 of Pokemon cards they had since they were little so their kids could have a gift under the tree or food on the table but hey, eat the rich right?

 

Message 31 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers

Thanks for answering, wildpitchsports. I really thought that "let's not get personal" would be enough.

 

I won't be returning to my thread here anymore. I hope that what I've posted will bring peace to other small sellers and really want to thank those of you who are helping others "less-in-the-loop" to understand the new tax laws.

 

I asked for "not personal" in this thread but feel bound to answer the snide remarks laid out here. Me? Biased and not "honest" with myself? Fabulous. Okay, here goes, and I never lay these cards on the table. Never. Our family very carefully lives on one small income that is less than most people's restaurant/bar bills nowadays and absolutely do NOT receive aid of any kind (government or otherwise). I know it's unintelligible to many in today's world, but in our house we only spend what we earn. My husband is a Stage 4 cancer patient (four years now), and I have two special-needs girls still at home. We buy our own food and take care of our own medical bills. As for what's happening with the IRS, I've made an informed decision that is best for our family and don't remember asking for anyone's opinion on the direction we're taking.

 

There are so so so many people out there worse than us, though, and I know that a lot of them sell on eBay and Etsy. They may not know what's coming down the pike, so I was trying to pass along information that will be valuable to that very small but vulnerable crowd of sellers. As for me personally, I have loved selling and buying on eBay. Selling is part of my genetic fabric. If I could have figured out a way to continue, I most certainly would have. These new laws really nobble me, though. Paying income tax on $270 when we receive $45 is just not possible for us. And I don't have enough hours left over in a day to make it a business. Wish I did, but we don't always get to do what we'd like to do.

 

I was not asking for help when I started this thread. Neither was I asking for anyone's judgmental comments on my own decisions. I was simply laying out the facts for others in the same boat. 

 

The best of success to the rest of you who've helped make this a thread worth reading. And please remember that there are people all around you who truly need help making decisions. Maybe you can help.

Message 32 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers

Wow. So much for "not personal"

 

 

Message 33 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers

the orange cat is cute! my mother used to have one that color 

Message 34 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers


@dq3141 wrote:

Wow. So much for "not personal"

 

 


Just can't help yourself can you? All the OP is describing is a very real situation and the very real choices that hundreds of thousands - if not more - of Americans will face going forward.

Message 35 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers


@wildpitchsports wrote:

@dq3141 wrote:

Wow. So much for "not personal"

 

 


Just can't help yourself can you? All the OP is describing is a very real situation and the very real choices that hundreds of thousands - if not more - of Americans will face going forward.


The OP, who asked for "not personal", delivered a very personal, blistering attack against one specific community member in their "farewell" post. Not acceptable, and reported.

Message 36 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers


@dq3141 wrote:

@wildpitchsports wrote:

@dq3141 wrote:

Wow. So much for "not personal"

 

 


Just can't help yourself can you? All the OP is describing is a very real situation and the very real choices that hundreds of thousands - if not more - of Americans will face going forward.


The OP, who asked for "not personal", delivered a very personal, blistering attack against one specific community member in their "farewell" post. Not acceptable, and reported.


Whatever helps you sleep at night. The fact of the matter won't change. This is real for an extremely large percentage of Americans. Lately we've been seeing more and more of them.

 

Terrorizing them with snark and threats are more reportable than anything the OP said.

Message 37 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers

@the-orange-cat,

 

I am sorry for you situation. There are a lot of people here, who can understand where you are coming from, often from our own or our families' experiences. 

 

There are ways to avoid having to operate as a hobby seller, and I tried to explain them, and provided links to the IRS pages where they provide useful information for online sellers (and others in similar situations).

 

I don't believe that there will be very many hobby sellers selling online for much longer. I was trying to spread the knowledge of how to avoid being classed as a hobby seller, so that those who have been doing that can continue to sell if they need to.

 

I'm sorry that you have misinterpreted my efforts so badly. 

Message 38 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers

Personally I think threads like this one started by the OP are dangerous. It is NOT fact, simply one members take on things and how they 'think' things should work, regarding hobby/business.

 

Any body reading this is going to be confused utterly and I wish Khoros would simply disallow any post CLAIMING to be providing ''helpful'' information as fact, when it is far from being helpful and totally not factual at all.

 

JMO - so many of these threads already and it is getting pathetically out of hand..........

********************************************************************
I have been imported from Australia and this is my posting ID
Message 39 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers


@wildpitchsports wrote:

@dq3141 wrote:

@wildpitchsports wrote:

@dq3141 wrote:

Wow. So much for "not personal"

 

 


Just can't help yourself can you? All the OP is describing is a very real situation and the very real choices that hundreds of thousands - if not more - of Americans will face going forward.


The OP, who asked for "not personal", delivered a very personal, blistering attack against one specific community member in their "farewell" post. Not acceptable, and reported.


Whatever helps you sleep at night. The fact of the matter won't change. This is real for an extremely large percentage of Americans. Lately we've been seeing more and more of them.

 

Terrorizing them with snark and threats are more reportable than anything the OP said.


Clearly not, based on events.

Message 40 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers

There is no new tax law. This just confuses those who are already confused. Or, maybe I’m just confused? LOL

Message 41 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers

https://www.washingtonpost.com/us-policy/2022/01/10/treasury-irs-filing-season/

 

Ummmm, good luck with calling the IRS for assistance.

 

Only 9 percent of calls to the IRS are answered by a customer service representative. 

Message 42 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers

I don't know where it is in writing but I understood that if a profit is not reported in the said 3 out of every 5 years, one CANNOT take a deduction for expenses. Correct?

Message 43 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers

Sorry, already been covered. I was late to the party!

Message 44 of 53
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Re: New Tax Laws -- Info for Confused Small Sellers


@kds99 wrote:

I don't know where it is in writing but I understood that if a profit is not reported in the said 3 out of every 5 years, one CANNOT take a deduction for expenses. Correct?


Not necessarily. Please don't perpetuate the myth. IRS will consider other factors.

Message 45 of 53
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