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  #1  
Old 12-27-2021, 08:20 AM
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Exhibitman Exhibitman is offline
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Bob, isn't the outcome taxable but effectively tax neutral if the parties trade evenly valued items? Isn't the income on that deal zero?

More to the OP, one of the things I've missed about shows is the ability to trade. Every year at the National there's a boxing collector who sits down with me the first evening and trades for items in my sale inventory. We throw all sorts of stuff on the trading bloc and see who gets what done. Can last for hours and get as complex as a multi-team NBA salary cap trade but usually works out because he wants rarities and I want stuff that will move at the show better than the rare items. In some ways my end is easy because I put price tags on my inventory, so what I think the item is worth is already out there and all we have to dicker over is the value of his stuff.

The difficulty that I have trading for my PC is that I've always been drawn to quirky, offbeat, non-mainstream cards and memorabilia. How do you value items that are unique or that have few known examples that haven't sold in a long time? I certainly can't rely on a single 2011 sale as a comparable. So I analogize to similar cards, but there is always that unknowable variable that only an auction result can establish. Case in point: someone recently tried to work with me on a rare card I had, but no matter what we tried we simply could not agree on a base value because the card never sells. I had a list of cards I thought were comparable but he disagreed. Ultimately, I was pleased to keep the card.
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Last edited by Exhibitman; 12-27-2021 at 08:29 AM.
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  #2  
Old 12-27-2021, 03:14 PM
BobC BobC is offline
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Originally Posted by Exhibitman View Post
Bob, isn't the outcome taxable but effectively tax neutral if the parties trade evenly valued items? Isn't the income on that deal zero?

Hi Adam,

You and I decide to trade cards that are both currently worth $1,000 each. I acquired mine about 20 years ago, already in an SGC slab, and paid $350 total for it back then, which included S&H. The card you're trading to me, you acquired raw 7 years ago for $450, which also includes the shipping and handling. You subsequently sent your card in to PSA to have it slabbed, and paid $35 for the grading of the card at that time, plus an additional $10 for the postage, there and back, to have the card graded and returned to you. And we do the trade remotely so we both mail the cards to each other, and the tracking, insurance, and everything costs each of us $12.

So on my side of the trade, I get $1,000, the current value of the card you sent me. I offset that by the $350 in total I paid to acquire the card I traded to you for it, and further offset the value of the card you sent me by the $12 in postage and related costs to send you my card in trade. I end up with a taxable gain of $638 ($1,000 - $350 - $12) to report on my tax return. The tax basis of the card I traded you for is $1,000 in my hands.

On your side of the trade, you also get a card currently valued at $1,000. That is offset by the $450 you paid to originally acquire the card you traded me, along with the $35 you paid to have the card subsequently graded and the additional $10 in postage you spent to do so, and finally by the $12 in postage and related costs you spent to send me the card you traded to me. You end up with a reportable taxable gain of $403 ($1,000 - $450 - $35 - $10 - $12). And the tax basis of the card you traded me for is also now $1,000 in your hands.

The actual amount of federal tax (not even going to try to go into state and local income taxes or sales/use taxes) each of us would end up owing on our reported taxable gains would be dependent on what tax bracket we each end up in on our respective federal income tax returns. And that would be further dependent on our filing status (married, single, etc.), and all the other taxable income and deductible expenses we report on those federal income tax returns.

Oh, and to just slightly complicate matters further, the amount of federal income tax we would owe on those gains can also vary depending on whether or not the cards we traded were held by us as dealers, investors, or true collectors/hobbyists. If either of us held the cards we traded as collectors or investors, the resulting gains from our trades would be considered capital gains. And then depending on how long we had owned and held the cards before we traded, those could end up being either long-term capital gains or short term capital gains. The difference being that if we had held and owned the cards we traded for less than a year, our gains would be considered short-term taxable gains, and the resulting taxable income treated as ordinary income (like W-2 wages) and taxed at up to the highest marginal tax rate there is for individuals. In my example we both held the cards we traded for over a year, so those would both be considered long-term taxable gains, where the maximum federal tax rate either of us would pay on those LT gains would be capped at no more than 28%, because we were dealing in what are considered collectibles.

Now if either of us was a dealer and the card we traded was part of our inventory, that's a whole other story. The gain we had on the trade is no longer capital gain, it is all ordinary income, subject to federal income tax up to the highest tax rate there is for whatever basis we file a tax return under. By this I mean that if either of us did the trade as a dealer, our business could be set up to where instead of reporting our resultant taxable gains directly on an Individual federal income tax return (Form 1040), our business/dealership might be set up to where the taxable gain on the trade gets initially reported on a Partnership (Form 1065), Corporation (Form 1120), or S-Corporation (Form 1120-S) federal tax return. Not even going to try to start explaining all the differences initially having to file and report the taxable gain from our trade on one of these other returns would entail.

There is a positive thing if either of us do end up reporting such a transaction as a dealer though, and that is that we would also get to additionally deduct the expenses of running our business/dealership though our tax returns (utilities, rent, supplies, R&M, etc.), and thereby further reduce the amount of taxable gain we would otherwise have to pay income tax on if we reported the trade as an investor or collector/hobbyist instead. But there's also a potential downside in reporting as a dealer because as a dealer, you may also be liable for self-employment tax (social security and Medicare tax) of up to 15.3% on your reported taxable income/gain from this trade. And that is on top of whatever federal income tax you may owe on that income. And the self-employment tax would normally kick in and be applicable if you initially filed and reported the income from such a trade on an Individual or Partnership tax return (Forms 1040 and 1065), but not if you if you initially filed and reported it on a Corporation or S-Corporation tax return (Forms 1120 and 1120).

So there is the "short", but at least fairly complete, answer to your comment/question. (Believe me, it can get even more involved and complicated than this.) And this demonstrates exactly why no one ever wants to report their trades on their tax returns, it can be one huge pain in the butt. But this is generally what you are supposed to do, even when just trading cards with no cash involved.

And for those posting about how dealers always seem to try and take advantage of you in trades, I'm not defending anybody, but part of their reasoning for maybe doing that is they are more likely to actually report such activity on their tax returns (or at least on the subsequent sales of cards you traded to them), and that they may also then owe additional self-employment tax on top of regular income taxes as well. And since some individual just trading with a dealer isn't likely going to report that trade for tax purposes, they aren't going to worry or think for a second about how to come up with the cash to then pay the resulting tax(es) due. This is another potential downside of doing trades with no cash involved. You can end up generating what I call phantom taxable income, but generate no cash from the deal with which to pay the taxes now due.

And finally, if nothing else, this may give someone reading all this a little more understanding and appreciation for their accountant/tax preparer when they just dump all their tax info on them a few days before the filing deadline every year.

Last edited by BobC; 12-27-2021 at 03:20 PM.
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  #3  
Old 12-27-2021, 04:46 PM
BobC BobC is offline
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Originally Posted by Exhibitman View Post
Bob, How do you value items that are unique or that have few known examples that haven't sold in a long time? I certainly can't rely on a single 2011 sale as a comparable. So I analogize to similar cards, but there is always that unknowable variable that only an auction result can establish. Case in point: someone recently tried to work with me on a rare card I had, but no matter what we tried we simply could not agree on a base value because the card never sells. I had a list of cards I thought were comparable but he disagreed. Ultimately, I was pleased to keep the card.
Adam,

You've hit on another huge obstacle when trying to report trades for tax purposes, what is something you got in trade actually worth? A huge part of the pain in the butt you sometimes have to deal with, and another big reason why most people don't report trades on their tax returns. There is no definitive answer in the tax code for this specific question/issue either.

In looking at other tax areas involving estimated FMV for possible guidance, if you donate property (clothing furniture, etc.) with no recognized FMV to charity, you would estimate and include that supposed FMV on your tax return for charitable deduction purposes. However, if for any single item you donate you claim a FMV of $5,000 or more, your are required to obtain a formal appraisal of the item being donated, in writing, by a qualified and licensed appraiser, or risk having the amount of your charitable contribution thrown out, or at least revised downward, by the IRS. This might be a reasonable way to determine what to do if reporting FMV of a card you trade for. If under $5,000, do your best guesstimate as to the FMV, and keep your notes and any evidence you used to come up with that FMV as part of your tax records. But for something worth over $5,000, you definitely try to get as much written corroborative evidence as possible, and maybe even try to find a third party appraiser, or other known "expert" in regards to card values, to offer up some written report to further substantiate your reported value.

Bottom line is, if your tax return included a trade transaction, the IRS would first have to pull your return for examination and audit before you'd need to provide them with anything. And the percentage of tax returns being audited annually is extremely small in recent years. Secondly, if you are unlucky enough to have your tax return pulled for audit, chances are the IRS agent you get assigned will likely know nothing about cards and their values, and they probably won't want to learn anything about them and bother with it either. So in all likelihood, if you can intelligently argue and show you made a reasonable estimate of a card's FMV, the agent will probably just sign off on whatever value you used on your return. Of course, you could also get assigned a real gung-ho agent who makes you go a lot farther to prove your estimate is correct, and thus the reason to compile and gather as much evidence as you can at the time you prepare your tax return, and retain it in case it becomes needed in future years.

Answers to tax questions aren't always simple black or white answers, but are very often multiple shades of gray.
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  #4  
Old 12-27-2021, 08:47 PM
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...if you are unlucky enough to have your tax return pulled for audit...
I've heard of the IRS auditing somebody's books. I never thought it might be their 3-ring binders.
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  #5  
Old 12-28-2021, 12:23 AM
isiahfan isiahfan is offline
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As a CPA...who actually also worked at the KPMG office in Cleveland...of all places...I would like to say Bob is going a bit overboard. While technically right...if everyone reported every gain/loss on every transaction...well you get the point.

A lot of people on here are only pre-war...which limits trading in large groups...but I remember a group in the late 90s where you had a basic trading philosophy....you listed what you would "accept"...i.e. any Wade Boggs cards with a BV$ of over $5...any Topps Yaz base cards...etc. You would then see what others in the group requested....i.e. any 1968 Topps card in ExMt or better condition and you would send in what you had that met other's needs until you had at least $100 in trading credit. The person running the trades took 10% off of the top to compensate their efforts...(fair enough IMO) so you would need to submit $110 to get back $100. The coordinator would then facilitate and ship on their dime as part of the 10%. So if you collected Stan the Man...and someone else collected Kaline...it was easy enough. People could get rid of extras while giving up 10% to get something they wanted. Not like you guys are talking about PSA 3 and a PSA 3 (sane card) where eye appeal makes a $300 difference. I 100% agree with you guys...but man the simple fix is...here is what I collect.... here is what I have...is much easier when your wants/needs are not sooooooooo specific. I would love if Net54 had such a trade center...but I know it's a lot of work.

Last edited by isiahfan; 12-28-2021 at 12:25 AM.
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  #6  
Old 12-28-2021, 02:59 AM
BobC BobC is offline
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Originally Posted by isiahfan View Post
As a CPA...who actually also worked at the KPMG office in Cleveland...of all places...I would like to say Bob is going a bit overboard. While technically right...if everyone reported every gain/loss on every transaction...well you get the point.

A lot of people on here are only pre-war...which limits trading in large groups...but I remember a group in the late 90s where you had a basic trading philosophy....you listed what you would "accept"...i.e. any Wade Boggs cards with a BV$ of over $5...any Topps Yaz base cards...etc. You would then see what others in the group requested....i.e. any 1968 Topps card in ExMt or better condition and you would send in what you had that met other's needs until you had at least $100 in trading credit. The person running the trades took 10% off of the top to compensate their efforts...(fair enough IMO) so you would need to submit $110 to get back $100. The coordinator would then facilitate and ship on their dime as part of the 10%. So if you collected Stan the Man...and someone else collected Kaline...it was easy enough. People could get rid of extras while giving up 10% to get something they wanted. Not like you guys are talking about PSA 3 and a PSA 3 (sane card) where eye appeal makes a $300 difference. I 100% agree with you guys...but man the simple fix is...here is what I collect.... here is what I have...is much easier when your wants/needs are not sooooooooo specific. I would love if Net54 had such a trade center...but I know it's a lot of work.
Hey Isiahfan, when were you working at the Cleveland KPMG office? It was definitely long after I had been there it sounds like. I wonder if anyone I had worked with was still there when you were, let me know when you were there.

Anyway, I had mentioned in an earlier post that no one is likely going to go ahead and report all these trades and such as taxable sales. I was merely pointing out how whether they want to believe it or not, that is what they are supposed to be doing. The IRS really doesn't want to mess with this kind of stuff either, but I've always found it a good idea to educate people so they at least know what they're supposed to be doing. Then they can decide how they want to handle it themselves, or if they just ignore it because they figure the odds are the IRS will never find out and come calling.

And if people are aware of what they should have been doing all along, even if they didn't do it, should the IRS ever come knocking on their door, they may be able to better handle the situation and at least not inadvertently say or do something to make things worse.

And thank you for confirming to everyone that what I was saying is true. But you can drop the "technically" part, because what I said is just plain true and not overboard at all. It is just an area of tax law that most people either ignore, because they feel the chances of the IRS ever coming after them are virtually nil, or they simply didn't know about it. And it can especially make a bigger difference to someone who is a dealer. I know Adam (Exhibitman), who I was specifically responding to in a couple earlier posts, talked about setting up at shows and doing trades from sales inventory. So I was also going into a little more detail so he could maybe better see and understand the kind of tax reporting issues and liability he might also have as a dealer doing trades. This way, he at least knows what he is supposed to be doing, and can then better decide how he wants to handle and report such trading transactions for himself, going forward.

I'm not sure how trying to show factual information like this to people who may not have otherwise known, or fully understood, what they needed or were supposed to do tax-wise in regards to a trade or barter transaction could ever be considered as going "overboard". Especially in light of the reality of how cards prices have been surging of late. Nowadays, you are just as likely to see people discussing trades for cards worth thousands of dollars as you are to see a couple collecting buddies swapping $20 cards. In fact, it may be more likely for the cards worth thousands. And the larger the dollar values involved in such card swaps, the more likely the IRS would take interest in finding out about it. Just look at some of the offers and cards people are looking to trade that are showing up in the BST threads these days.

Last edited by BobC; 12-28-2021 at 03:10 AM.
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  #7  
Old 12-28-2021, 12:59 AM
BobC BobC is offline
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I've heard of the IRS auditing somebody's books. I never thought it might be their 3-ring binders.
Don't laugh, you'd be surprised what they might come and look at......and audit.
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