turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

TAB62
New Member

1099 for used clothing consignment

I've been combing thru responses to similar questions.  

I have a client with a brick & mortar clothing consignment shop.

I'm getting the impression that each "consigner" paid over $600 should receive a 1099 MISC. But I'm wondering WHY?  There's likely NO GAIN!  It's USED CLOTHING.

So I buy clothing thru ought my career at full retail over many years/decades.   I retire.  I consign my business wardrobe.  NOT one piece is worth what I originally paid for it, even given in today's inflation.   But I receive $625.00 in total.  Again, that's NOT a "gain".

 

Can someone please explain this in a way that will satisfy my client who has to commit to handing a W9 to every human that drops off articles on the OFF CHANCE that throughout the year, they'll make $600+.  

 

Again....................there's no gain on used clothing, so what's the catch?????

 

TY!!

Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

1 Reply

1099 for used clothing consignment

The short answer is, because the regulations require it.

https://www.irs.gov/instructions/i1099mec#en_US_202401_publink1000276527

 

(Note that if the store is buying the items for resale, a 1099 is not required.  But a 1099 is required for items sold on consignment.)

 

The longer answer is that IRS regulations assume all income is taxable unless the taxpayer proves otherwise.

Deductions from income are a matter of legislative grace and the burden of clearly
showing the right to the claimed deduction is on the taxpayer. INDOPCO, Inc. v.
Commissioner, 503 U.S. 79, 84 (1992)

 

Each of your client's customers has their own individual obligation to keep accurate records and prove to the IRS, if audited, that all their items were sold for less than their cost basis.  Your client can't assume that burden for them.  

 

See also US v Orellana

 

https://casetext.com/case/orellana-v-commissioner-of-internal-revenue

 

https://www.forbes.com/2010/04/22/irs-tax-audit-ebay-seller-personal-finance-irs-worker-loses.html?s...

 

 

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question
Manage cookies