Quote:
Originally Posted by savedfrommyspokes
I would find it hard to believe that any state tax auditor would rely on ebay to prove any type of tax evasion as they would likely focus on paypal transactions and more importantly the business/personal bank accounts of the business and it's owner. Ebay is not set up to accurately or effectively disclose in-state purchases and they are not even set up to offer tax documents such as the 1099 form that paypal provides to users with $20k+ in income annually. Just because a bidder "wins" an item on ebay does not mean that there was a taxable transaction that occurred. However either a paypal payment or a deposited check/MO would indeed indicate that a transaction has occurred and if it was an "in-state" transaction the business owner would then be accountable for showing that the proper tax amount was remitted for this transaction or a re-sale certificate was present.
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The tax authorities could easily use ebay in addition to paypal to come after a business. They wouldn't have to "prove" anything. They would just tell the business that your numbers don't match what ebay or paypal are reporting, and you need to explain that to us. If you can't give a proper justification, then you'd better look into hiring a good lawyer. Sure, ebay does not give those 1099's to individual sellers, but I'm sure if the authorities asked ebay for the information, they could get it easily. For every item you sell on ebay, you set up the tax table in ebay, so that item is readily available and stored in their system if the item is won by an in-state bidder. As the seller, you are responsible for getting the proper forms completed by the buyer if they claim they are a reseller. If you are audited, these would be what you need to show the tax authorities to justify why sales tax was removed.