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Old 12-22-2007, 09:33 AM
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Default consignment question

Posted By: Bill Todd

...but I believe that if you're being a strict constructionist then it's the consignor who should be issuing a 1099 to the auction house. After all, who's providing the service here? If your item hammers down for $10,000, and you've negotiated a 5% fee, then essentially you've just paid the auction house $500 for their services in preparing, marketing, and displaying the item.

On the other hand, you could consider that the auction house is acting as a broker. In this case, the broker's fee is split between the buyer and the seller, and they should both be providing a 1099 to the house.

Yet another view is that the house is purchasing the item for resale, at a price to be determined by the market. In this case, there's no "service" provided other than what would normally be expected of a seller, so no 1099 would be required. It's no different from buying office furniture from Office Depot.

I've run out of hands, so I'll quit now.

Bill

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