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2022 IRS Changes - selling old items with no receipt

I sell mostly used clothes on ebay.  These are clothes that my family has worn and I sell at a loss.  The majority of these clothes I do not have receipts for.  How will this work moving forward when sales are reported?  Will the IRS accept my report that I made no money on these without proof?  I don't understand how this will work for the non-business people on here without getting screwed.  

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Re: 2022 IRS Changes - selling old items with no receipt

I said mostly clothes.  I'm an avid hunter and golfer as well and sold a few of those items.  Again, the problem I'm having is not having the original receipt from what could be something that was bought a year ago, 5 years ago, etc.  

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Re: 2022 IRS Changes - selling old items with no receipt


@nobody*s_perfect wrote:

If you are selling everything at a loss, then the IRS considers you to be a 'hobby seller" rather than a business. This means that your eBay income goes straight onto line 8 of your 1040, with no opportunity to deduct the original purchase price nor any other expenses.  Read these two pages from IRS and then talk to an actual tax accountant:

 

https://www.irs.gov/faqs/small-business-self-employed-other-business/income-expenses/income-expenses

 

https://www.irs.gov/newsroom/heres-what-taxpayers-need-to-know-about-paying-taxes-on-their-hobby-act...


Only if you make a profit from it. You are not required to report sales of items you used and sold at a loss. With a 1099K, I would guess is would matter the price and a reasonable amount of items used in a year. If someone is selling 20 grand a year in used clothes, and they make 30 grand a year at a job, that is not going to pass the sniff test. 

Message 17 of 346
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Re: 2022 IRS Changes - selling old items with no receipt

Absolutely untrue.  I see a lot of confusion about hobby sellers.  Hobby sellers cannot take a loss from business expenses to their income, but they can temper revenues with expenses.  The hobby seller rules were to prevent people from ad Infinitum lowering their taxes with bogus claims that they are running a side business at a loss.  

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Re: 2022 IRS Changes - selling old items with no receipt

That policy changed in 2018. From the IRS page linked above: "If a taxpayer receives income from an activity that is carried on with no intention of making a profit, they must report the income they receive on Schedule 1, Form 1040, line 8 "

Message 19 of 346
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Re: 2022 IRS Changes - selling old items with no receipt

I never said I didn't sell other things.  I said mostly clothes.  I'm an avid outdoorsman and buy a lot of new hunting gear every couple years and sell my old.  Same with golf clubs.  All of which I took a loss on compared to the price new.  The problem is coming up with receipts to verify such.  All of you people just want to assume people are selling for profit on ebay when there are many that just want to get some return on an item they no longer want or use.  

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Re: 2022 IRS Changes - selling old items with no receipt


@singular-source wrote:

is this income actual income?  Not at all.  They made a transaction that left them with nothing.  Man these new rules are screwing normal people that just want to sell an old phone.  Talk to an accountant???  How many people just selling an old item can afford an accountant.


If they just sell an old item it is unlikely they will qualify for the 1099K next year, unless that one item was an expensive one.

 

An accountant is only needed if you don't find you understand some of the help that is out there on this subject.  It simply isn't as complicated as some want to make it.  Nor is it as scary as others seem to want to make it.  @nobody*s_perfect provided some great links to learn from.  Yes time will be involved in learning about this new requirement to be sure.  But it will be time well spent.

 

One of the key things to remember will be if you receive a 1099K for your sales in 2022, you WILL need to claim the income on your 2022 Federal tax return, BUT that doesn't mean you have to pay taxes on the additional income.  It simply means you need to report it and then through the filling out of the appropriate forms, you will be able to justify not having the income count in your taxation level on the Federal Tax return.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 21 of 346
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Re: 2022 IRS Changes - selling old items with no receipt


@singular-source wrote:

Decent people are going to get screwed by this bill along with the IRS.  Terrible idea.  $7500 would have been reasonable.


My opinion is most will be just fine.  At least those that what they earn legally should not be considered income.  They just need to do their homework on how to properly fill out the forms for IRS so they don't pay additional taxes on the money.  This is very doable but people will need to do their research.

 

What will happen is all those people that have been selling for years on the internet that have never qualified for a 1099K before will have to claim their income to the IRS.  These people that haven't been paying taxes on income they earned in previous years are certainly concerned and they should be.  When Ebay sees this jump in actual income, they may question previous years income reported.  This is a legit concern. 

 

I have no idea how real that concern is, only time will tell what the IRS will do.  But there are a whole lot of people out there that felt if they didn't get a 1099k then they didn't have to report their income.  Which was NEVER true in the first place.  We have always been responsible for claiming our actual income on Federal tax returns with or without 1099Ks.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 22 of 346
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Re: 2022 IRS Changes - selling old items with no receipt


@singular-source wrote:

Auditing is hella tough.  I imagine the IRS is going to audit less than 1% this year.  Hopefully not the people that are just trying to survive.  Cause I know a few and they don't deserve it...


Are you sure?!!?!?

 

https://www.bloomberg.com/news/articles/2021-06-25/irs-adds-thousands-of-auditors-as-senate-eyes-enf....


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 23 of 346
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Re: 2022 IRS Changes - selling old items with no receipt

We’ll, shoot - you might be right.  I do see contradictory statements out there from tax professionals, but what I see from the IRS supports your position.  they don’t really address sales of personal used goods like clothing, though.

 

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Re: 2022 IRS Changes - selling old items with no receipt


@luckythewinner wrote:

@jda03121 wrote:

Talk about carrying discussions to an extreme. There is a very good IRS help line that costs nothing.


I really wish the IRS would issue guidance explaining how to account for "yard sale" income that is reported via the 1099-K.

 

The only guidance they seem to have posted is explaining how to handle businesses income and what to do if you receive a 1099-K that was not correct.

 

Without any published guidance, I question whether the IRS help line will be much help.

 


There may be more out there but earlier in the thread @nobody*s_perfect provided a couple of great links.

 

This is one of them.

 

https://www.irs.gov/faqs/small-business-self-employed-other-business/income-expenses/income-expenses


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
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Re: 2022 IRS Changes - selling old items with no receipt

"I'm an avid hunter and golfer as well and sold a few of those items."

 

That's great, I am not trying to give you a bunch of grief.

If you sold some kids clothes at a few bucks a pop over the year, no biggie.

It seems that you may need to prove you are not running a small business depending on your revenue.

That's it.

If you just like replacing your toys every year or so, I think a tax professional might be able to guide you correctly.

I guarantee you that it is cheaper to sort it out now before the IRS gets involved in a negative way.

Some folks that sell here seem to think even if they make 50-100k here every year, its free money.

Getting help from a tax professional now is not that expensive.

Good luck.

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Re: 2022 IRS Changes - selling old items with no receipt


@backhomeoutdoorz wrote:

I never said I didn't sell other things.  I said mostly clothes.  I'm an avid outdoorsman and buy a lot of new hunting gear every couple years and sell my old.  Same with golf clubs.  All of which I took a loss on compared to the price new.  The problem is coming up with receipts to verify such.  All of you people just want to assume people are selling for profit on ebay when there are many that just want to get some return on an item they no longer want or use.  


That is simply not true.  There are lots of fantastic sellers on Ebay and other sites that are just selling stuff they pull out of their closets.  You are ASSUMING that IRS is trying to force you to pay income taxes on those sales and that some here support such an action.  NONE of which is true.

 

You will, starting next year, have to claim the income on your tax forms IF you exceed $600 in sales, but that DOES NOT mean you will have to pay income taxes on that money.  You will however have to take the time to learn the rules guiding this, that is true.  And the internet is a great place to locate some great info actually published by the IRS or another trusted source.  Or if you prefer to spend money instead of your time, you can turn it over to a qualified Tax Accountant that is familiar with internet sales.  But that is a choice for each of us to make on our own as to what is best for each of us.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
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Re: 2022 IRS Changes - selling old items with no receipt


@powell-memorabilia wrote:

We’ll, shoot - you might be right.  I do see contradictory statements out there from tax professionals, but what I see from the IRS supports your position.  they don’t really address sales of personal used goods like clothing, though.

 


Why would they need to call out specifically clothing?  Used good that you owned yourself can go far beyond clothing.  It is unlikely they could possibly list all the different types of things you might be selling from your own personal space.

 

Keep in mind that the moment you buy a used item and sell it or accept stuff from others to sell for them or just for you to sell, all this stuff would be taxable income and would NOT fall under sales for items YOU previously owned.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 28 of 346
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Re: 2022 IRS Changes - selling old items with no receipt

I would assume that claiming a reasonable purchase price will keep you safe with the IRS.   If golf shirts cost $30 then don't claim that you paid $500 for it.   I've never heard of someone getting in serious trouble for not maintaining receipts from purchases when running a small online business on the side.   The IRS looks for red flags such as unrealistic numbers.   

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Re: 2022 IRS Changes - selling old items with no receipt

I think part of the disputing here is that we are lumping all the sellers as businesses.

There are those that are selling as additional income/ or main income and those of us that are cleaning out the house or selling our collectibles for our "retirement" (the hobby sellers).

 

I put myself as a hobby seller and I have tons of clothing, from hand-me-downs, working and such. A huge horse collection, and a huge cat collection that I will be start selling because of retiring and no funds to retire on since a car accident 20 years ago.
I have been selling parts of my relative collections for their retirement and I won't declare that money.

 

Personally, I sort of look at it like the gift tax that, right now, you're allowed to give 15K without reporting it and that I am selling my own items to get me through retirement.

(I know, I not explaining my thoughts right.  Sorry about that. )

 

I have over 45 years of receipts since high school. 
I even have my stocking cap from 2nd grade and high school shorts & top (when the schools let the girls stop wearing those 1 pc rompers  Uggghhhh).

 

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