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BLAT27
Returning Member

Claim business losses on eBay sales exceeding $20,000?

I started selling on eBay this year and I'm on track to exceed $20,000 in gross sales and will have over 200 transactions for the year.  Approximately half of my gross sales go toward shipping, fees, and selling expenses, leaving me with only half the original sale price.  I'm selling a relatively high volume of relatively low-dollar sales, so if I have $20,000 in gross sales, I'm only keeping $10,000 after upfront selling costs.  All of the items I'm selling are my own possessions, which I store in my home, and the majority of my sales (90%) are at a loss from the original price I paid for each item.  I'm keeping records of my sales and expenses, and I have my original purchase records/receipts for about 75% of the items I am selling, to prove that I'm selling them at a loss from the original prices I paid.   Essentially I'm recovering from a shopping addition, selling the items I'd purchased for less money than I originally paid for them - many items are new in packaging/tags.  I'm using the money that remains after selling expenses to pay down the debt incurred by purchasing these same items (much of which goes straight to interest on the debt).  Because of the volume of sales and the dollar amount overall, I'm assuming the IRS will view my activities as a business regardless of the circumstances, and I know I will have to report it on my taxes.  

 

Is it advantageous for me to obtain a business license in my state and operate as a home business, as far as my taxes are concerned?  Will this allow me to claim business expenses and losses from selling almost everything at a loss - or at least allow me to claim a loss on every sale that I have my original purchase receipt to prove the loss - up to/equivalent to my eBay selling income, essentially to cancel out the income and my tax liability for it?  Is there a risky downside of doing this that I need to be aware of, or additional requirements of operating as a "business" that I'm not taking into consideration?  

 

My eBay sales are to all US states although I have not had any sales to my own state so far and I don't make any foreign sales.  I am not collecting sales tax on any of my sales, although I know that eBay recently started collecting and remitting sales tax from buyers in certain states without sellers being required to do anything.  I am not buying anything to resell for profit and I view my current eBay activities as asset liquidation to mitigate my losses - since I'm paying high interest debt with the left-over funds after my selling expenses, and I'm losing money on most of my sales when factoring in the original purchase price and the costs of selling.

 

Would it be wise to take it a step further and claim all the typical small business deductions... home office (a clearly defined section of my unfinished basement (but no walls) where inventory & packing materials are stored, orders processed & packed, printing equipment stored, and where the photography set-up that is utilized for eBay photos is located and used?  Can I go so far as to claim depreciation, repairs, or replacement to my washing machine and dryer,  which I utilize both for personal reasons (my laundry) and for my business, since I utilize them regularly to launder the pre-owned clothing that I sell on eBay to prepare it for sale - and even the purchase of the laundry detergent used for this purpose?  What about my utility bills for power, water, etc. at my home, and my internet bill, which are used both for personal household use as well as for the operation of the business?  What about my cell phone, which I use to take all of my eBay photos for listings and which I conduct much of my sales and eBay activity from, as well as for my personal use?  What about my laptop computer, which I use both personally and for eBay selling?  What about my car, gas, mileage for post office trips, and various other business-related costs?  If I do get a business license and conduct my activity as a business, can I claim all of these various things at tax time?  If I don't get a business license, can or should I claim them?  

 

For reference, I file taxes jointly with my spouse and we both receive wages from employers, which is the only income we've ever had to report for taxes.  We almost always take the standard deduction since what we are allowed to itemize and claim rarely exceeds the standard deduction.  Obviously I won't be carrying on long-term as a business selling on eBay, since the plan is to liquidate the stuff, sell it all, pay the debts, then quit selling when everything is sold and nothing is left to sell.  I don't anticipate keeping it up more than 1-2 calendar years, just as long as it takes me to list and sell everything I can, since I'm not selling for profit and I'm not reselling from wholesale and have no supplier, just my own stuff.  Is it more advantageous in my particular situation to get a business license or not get one, to claim business losses or business deductions or not claim them, or just pay the income taxes on my eBay "income" left over after the up-front selling costs?  Other than keeping meticulous records on every sale, what should I do?

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Accepted Solutions

Claim business losses on eBay sales exceeding $20,000?


@NCperson wrote:
In fact I would suspect the IRS zero take the position that there were personal purchases and sales since no business existed at the time of purchase

Exactly! My point was that the purchases were personal items (i.e., capital assets) and not items purchased for resale in the ordinary course of business (i.e., inventory).

 

It would be extremely difficult to show a business, with an intent to make a profit, existed on these facts.

View solution in original post

5 Replies

Claim business losses on eBay sales exceeding $20,000?

Personal losses are not deductible so any money generated from the sale of personal items is not reportable as income but neither is the cost (shipping, etc.) deductible

You are simply liquidating personal items purchased previously . There is no “business” here

Obtaining a business license doesn’t in any way change what I wrote above

From what you have written, there is nothing to report as income nor anything that you can deduct
BLAT27
Returning Member

Claim business losses on eBay sales exceeding $20,000?

While personal losses may not be deductible and income from personal sales may not be reportable in general, I know PayPal will send me a 1099-K for 2019 and dutifully report my transactions to the IRS.  I'm certain the IRS would take notice if I failed to account for $20,000+ of incoming funds, which they will be well aware had passed through my PayPal account.  The internet is full of stories of eBay sellers who found themselves being audited for failing to report  thousands of dollars in eBay sales income that PayPal dutifully reported to the IRS - sellers who liquidated lots of things at once or sold valuable collections, who were not operating businesses or profiting from their sales overall, but nonetheless generated sufficient funds from those sales to exceed the threshold at which the IRS distinguishes personal/hobby from business.  I can't just ignore 20K+ and hope no consequences come when the IRS gets wind of it, which they absolutely will.  I need to figure out what approach to take in reporting and deducting it, since I will be required to report it and since IRS will be well aware of it and will absolutely catch me if I fail to report it.  I need to hopefully demonstrate it wasn't 20K of extra income or profit, and ideally avoid income tax liability for it, if possible.  In order to do this, I'm trying to determine if I get a business license and operate as a business for all intents and purposes - could I then, as a business, claim losses and expenses that as an individual, I could not claim?  Or is there a way to properly report the funds as an individual filing taxes, and be able to claim/deduct/report that I made no profit on these sales and not pay income taxes on those funds - the way that gambling losses can be claimed against gambling winnings up to the point of reducing/negating the winnings so no taxes are owed?  Can I do this some way as an individual or do I have to be a business?  Or do I just report it on my taxes, say it wasn't profit or income, wait for the inevitable audit, then produce my meticulous records on every transaction to prove my claims?

Claim business losses on eBay sales exceeding $20,000?


@BLAT27 wrote:
Or is there a way to properly report the funds as an individual filing taxes, and be able to claim/deduct/report that I made no profit on these sales and not pay income taxes on those funds...

Yes, you simply report the transactions as sales of capital assets, which is precisely what has actually occurred.

 

See https://www.irs.gov/taxtopics/tc409

 

As @NCperson stated, these are personal items and, as a result, losses are not deductible but then, apparently, you have no (capital) gains either so you will essentially have no income tax liability from the sales that you made.

 

 

Claim business losses on eBay sales exceeding $20,000?

Ok the original post, Blat27 states he has the receipts to prove how much he paid for these items.

That documentation would prove they were purchased for personal use when no business has been created.

In fact I would suspect the IRS zero take the position that there were personal purchases and sales since no business existed at the time of purchase

Claim business losses on eBay sales exceeding $20,000?


@NCperson wrote:
In fact I would suspect the IRS zero take the position that there were personal purchases and sales since no business existed at the time of purchase

Exactly! My point was that the purchases were personal items (i.e., capital assets) and not items purchased for resale in the ordinary course of business (i.e., inventory).

 

It would be extremely difficult to show a business, with an intent to make a profit, existed on these facts.

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