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  #1  
Old 10-17-2016, 04:13 PM
BobC BobC is offline
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I've been doing taxes for almost 40 years and have a client that sells on Ebay, so I know what you got yourself into. You neglected to report the results of your online selling activity through Paypal, which obviously sent information about your activity into the IRS for 2014. You should have received a copy of this 1099 form sent from Paypal also. The IRS threshold for having Paypal report to them on an individual is that they have at least $20,000.00 of receipts, and at least 200 transactions, for a calendar year. The person who suggested you may have to determine if your are dealer or just selling collectibles/investments can forget that, at that volume you are most likely going to be considered a dealer by the IRS, trust me. As such, if your business isn't incorporated or set up as some type of Limited Liability Company, you're supposed to file a Schedule C as part of your federal tax return and report your sales activity for the year. In other words, you treat it as a sole proprietorship. Obviously to report this you'd start with your gross receipts or sales, and then list your allowable deductions, to finally determine your net taxable income for the year.

As some others mentioned, there are various expenses you can claim and use to reduce your taxable income, such as Paypal or Ebay fees, postage costs and shipping materials, etc. You're probably ignoring the biggest expenditure of all though, which is most likely your Cost of Goods Sold (COGS). Yes, you're supposed to keep track of the costs you incurred to acquire everything you sold. and then only deduct the actual cost of each item sold against the sale price you received for it. You can't just say that you bought $30,000 in cards during the year and only sold cards for $25,000, and claim you had no income and instead, a $5,000 loss. It doesn't work that way. Any item you buy and hold, as a dealer, basically becomes an asset of the business knows as inventory. You hold the value for each business inventory item purchased as an asset until you sell it. It is only then that you report the sales price as income and offset it by the cost you originally incurred to acquire the item sold.

The IRS doesn't know anything about what you do, other than the fact they got a 1099 form from Paypal showing you had gross receipts of a certain amount. Since you didn't report this income on the tax return nor show any expenses against it, the IRS can only assume you had no deductible expenses and went ahead and recalculated your return based on what they know. The letter they sent, and the amount shown as due on it, were sent for one main reason.......to get your attention, which they obviously did. You need to go back and try to figure out all your expenses from that year related to your card selling, including your COGS, and come up with your net taxable income.

And to add insult to injury, assuming that you are actually handing the sales and work yourself, you are actively involved in the business and not only is the net income going to be subject to ordinary income tax rates but, it is also probably going to be subject to self-employment tax (social security and Medicare) of upwards of 15.3% on top of of the income taxes.

The best thing for you to do is go back and star putting together all the data you can to try and figure out what expenses you may have. The IRS already knows your gross income based on the report they got from Paypal. Determining what your COGS sold is could be tricky if you don't keep decent records. And then in determining your other costs you want to try to include as much legitimate expense as possible. Don't forget things like mileage to drive to the post office, internet access costs and fees, possibly a home office deduction if you have an exclusive area of your home you us for the business, and so on. if you are not very experienced with the IRS or the rules, you probably should look for some expert advice. Once you think you have all that, you should write back to the IRS and explain that you have expenses to be deducted against the income reported to you from Paypal. You want to list everything out as best you can and include any supporting documents in your response. Once you've come up with what you believe is your true net income, ask the IRS to review your account and if need be, recalculate what you owe them. At that point you wait to hear their response back.

You should be able to bring the IRS calculated tax due way down but, don't be surprised if you do end up with a balance still due. And of course then they can also tack on interest and penalty charges for not originally reporting the income and paying the tax late. Good luck.

BobC
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  #2  
Old 10-17-2016, 04:21 PM
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D.P.Johnson D.P.Johnson is offline
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Interesting thread.
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  #3  
Old 10-17-2016, 07:19 PM
vthobby vthobby is offline
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Quote:
Originally Posted by BobC View Post
I've been doing taxes for almost 40 years and have a client that sells on Ebay, so I know what you got yourself into. You neglected to report the results of your online selling activity through Paypal, which obviously sent information about your activity into the IRS for 2014. You should have received a copy of this 1099 form sent from Paypal also. The IRS threshold for having Paypal report to them on an individual is that they have at least $20,000.00 of receipts, and at least 200 transactions, for a calendar year. The person who suggested you may have to determine if your are dealer or just selling collectibles/investments can forget that, at that volume you are most likely going to be considered a dealer by the IRS, trust me. As such, if your business isn't incorporated or set up as some type of Limited Liability Company, you're supposed to file a Schedule C as part of your federal tax return and report your sales activity for the year.
BobC
Bob,
I just read your post and this got me wondering if you might be overlooking another fairly simple Course of Action. If the items that he sold via paypal in 2014 were actually purchased a certain time ago (is it more than a year?) for this problem lets just say that his stuff was purchased in 2011-2012, can't he simply fill out a Schedule D and not worry about CoGS and begginning inv/end inv etc...??

I am anxious for your answer as it seems to me this would be ok if he held those assets for a long time (sorry not exactly sure if it a year or more?) Please advise, thanks!

Peace, Mike

Last edited by vthobby; 10-17-2016 at 07:21 PM.
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Old 10-17-2016, 08:45 PM
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ValKehl ValKehl is offline
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Mike, it is my understanding that a card dealer is required to report using Schedule C ( which is used to report the results of a business), whereas a card collector is required to report using Schedule D. How long ago the cards were acquired prior to their sale is irrelevant in either case. If I remember correctly (my "CRS" disease gets worse every year!), one major difference exists with respect to cards sold at a loss; such losses are offset against cards sold at a profit by a dealer, but not so by a collector.
Val
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  #5  
Old 10-17-2016, 10:31 PM
BobC BobC is offline
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Originally Posted by vtgmsc View Post
Bob,
I just read your post and this got me wondering if you might be overlooking another fairly simple Course of Action. If the items that he sold via paypal in 2014 were actually purchased a certain time ago (is it more than a year?) for this problem lets just say that his stuff was purchased in 2011-2012, can't he simply fill out a Schedule D and not worry about CoGS and begginning inv/end inv etc...??

I am anxious for your answer as it seems to me this would be ok if he held those assets for a long time (sorry not exactly sure if it a year or more?) Please advise, thanks!

Peace, Mike
I understand your question but, I kind of addressed this already when I mentioned how many dollars and how many transactions you have to have before Paypal is required to report your receipts to the IRS. At a minimum of $20,000 a year and 200+ transactions, that sounds a little bit more than just a casual collector who can take advantage of treating his sales as investments subject to capital gains taxes and not just ordinary income tax rates. Even so, you have to remember that unlike long term capital gains on the sale of regular investments like stock or bonds, those have a maximum capital gain tax rate of 20% under current law, regardless of what the taxpayer's income is. Collectibles have a higher potential capital gains rate of of up to 28%, even if held more than 12 months.

BobC
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  #6  
Old 10-17-2016, 10:52 PM
BobC BobC is offline
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Quote:
Originally Posted by vtgmsc View Post
Bob,
I just read your post and this got me wondering if you might be overlooking another fairly simple Course of Action. If the items that he sold via paypal in 2014 were actually purchased a certain time ago (is it more than a year?) for this problem lets just say that his stuff was purchased in 2011-2012, can't he simply fill out a Schedule D and not worry about CoGS and begginning inv/end inv etc...??

I am anxious for your answer as it seems to me this would be ok if he held those assets for a long time (sorry not exactly sure if it a year or more?) Please advise, thanks!

Peace, Mike
Let me add a little more to this regarding the holding period of the assets you also asked about. If the person is in the business of selling cards, there is no capital gain or collectible treatment you can get tax-wise. You're in business and the cards you bought are inventory, period. Doesn't matter if you hold them two months or two years, when you sell them, the profit you make on the sale over what you paid for them is considered ordinary income. Now you also get the benefit of being able to deduct other expenses for the operation of your business, like postage, advertising, etc. A collector who buys and sells occasionally just for investment purposes is not in business and doesn't get to write off expenses. What he/she pays for the card is their basis in it till they sell it, give it away or otherwise dispose of it. For example, if I'm a card dealer and you call and tell me you have a killer collection you want to look at for possible purchase, and I fly out to see you and look at it, my cost of travel to come and see you is a business expense I could write off for tax purposes. If I'm just a true collector and investor, that travel expense is not tax deductible. See the difference? There's pros and cons going both ways.

Also, if you are in business and then stop and get out of it, there's nothing that says you can't take your former inventory and convert it to collectibles that you own personally. You'd want to give it some serious time from when you last transacted business as a card dealer though till when you tried to sell something and claim it as a collectible subject to cap gain treatment. You'd also have to watch out for what kind of business entity you may have held the assets in. Putting items into a corporation can have different results when you take them out as opposed to running your business as a sole proprietorship or even an LLC treated as a partnership or disregarded entity. Now you're getting into areas that start to get a little too technical and you begin to overthink these things. trying to keep it general and simple.

BobC

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