It was really just a hypothetical question, but driven by the fact that I learned today I'm probably supposed to have a sales tax permit from my state in order to sell on eBay, even though I'm just an occasional seller selling my kids' used clothes.
If that is the case then the item I sold and shipped today (my first this year) is technically illegal since I don't have a permit. I figured I'd just refund the buyer and let them keep the item since I already shipped it, and then it becomes a gift, and not a sale. (It's a used shirt shipped via First Class mail, so it's not going to break me.)
I've asked for further information from the comptroller's office, but mean time, their website seems pretty clear.
"Texas sellers that sell through a marketplace are still responsible for having a Texas tax permit and filing their sales and use tax returns timely, even if their only sales are through a marketplace provider."
If that's true then it's not worth it for me to go through all that rigamarole just to sell a few things a year.
