Originally Posted by BobC
It is not really a matter of guilt, just proper reporting for tax purposes. And no, things like garage sales are NOT going to suddenly be stalked by IRS and state tax agents, nor are they going to accept and act on calls from people reporting those having garage sales. Garage sales are what are considered as "casual sales" and are generally not subject to income or sales tax laws. By their nature, they are considered to not be indicative of an ongoing business operation, and therefore don't need to be reported or monitored. In the past, the thresholds for things like 1099-K reporting were considered the point when one went from not operating a business to now operating a business, but there never had been a truly defined point that marked when someone's true intent was to operate as a business, and that has not changed..
Ebay is only the platform for these sales, and the new 1099-K reporting threshold isn't being imposed on Ebay, just those third-party payment services like Paypal, Venmo, or Zelle. Only Ebay sales using payment services like these get included in 1099-K reporting, not sales using checks, MOs, or credit cards. It is all about the government having access to your records if they want/need to go checking you out. It wasn't suddenly saying anyone doing $600 or more in casual sales is now considered to be in a viable, ongoing business.
And the $600 threshold goes hand in hand with the reporting threshold for non-employee, independent contractor, compensation, which has been at $600 for decades. That used to be reported on 1099-MISC forms until recently when they broke out such reporting a few years ago on the new 1099-NEC forms.
Anyway, the new 1099-K reporting is tied into the same reason that 1099-NEC forms do not have to be issued to people/businesses that operate as corporations. If you hire Joe Blow to plow your driveway, and cut him a check in payment, as an individual he can go to his bank and simply endorse and cash the check and walk out with his money. That cashed check never shows up in Joe Blow's bank account records or activities, or on his bank statement. However, if he incorporated his snow plowing business, you'd maybe make the check out to Joe Blow, Inc. In that case, if he takes it to his bank and endorses the check, under banking laws and regulations they can't just give him the money. He actually has to deposit that check into the corporation's bank account first, and can then write a check to himself personally, or otherwise transfer the money to himself. Regardless of what he does, that deposit will now show up in his corporate bank account records and on the corporate bank account statement. The IRS can then come in whenever they want and demand to see the corporate bank account records, and simply see the deposit and question if it was reportable income for tax purposes. And that is why a 1099-MISC or -NEC isn't required to be sent to a corporation, regardless of how much more over $600 someone may have paid a corporation for their services in any given year.
Well, when it comes to Paypal (and I assume similarly for other payment services like Zelle or Venmo), you generally have your account linked to an actual bank account you can draw money out of to then make payments through Paypal. But if someone sends you money through Paypal, it doesn't necessarily get deposited into your bank account. It sits in your Paypal account till you can have it transferred into your bank account, or use it to make Paypal payments to others. And as long as you never formally deposit anything back into your bank account, it also never shows up up on/in your bank account's records or statements, which the IRS can demand to see. It is similar to an individual non-employee getting paid by a check, but just cashing it at their bank instead of depositing it into their bank account, and thereby not create a traceable record of it in their name that the IRS can easily find. So to get after this potentially hidden income/business activity, they've taken to imposing this same $600 reporting threshold on third-party payment activity, like through Paypal.
Unfortunately in doing so, this reporting doesn't indicate whether you are operating an actual business, or just clearing out stuff from a garage or attic. I imagine the IRS' stance for anyone receiving these 1099-K forms after the lowering of the reporting threshold in 2022 will be that recipients are formally in an ongoing business, unless they report and show otherwise on their tax returns. And this distinction can be very important to someone who is not a card dealer, but a collector or investor instead, who maybe only sells thing occasionally to fund other purchases, or maybe to cash in when when a particular card/item suddenly jumps in value out in the marketplace. The reporting differences can be great, and I've already gone over them in more detail in other threads/posts of mine you can go look up. Suffice it to say here that I believe the biggest differences between reporting as a dealer versus reporting as a collector or investor, are whether your net profits from card sales are treated as ordinary or capital gain income, and whether or not those net profits may also be subject to self-employment tax.
Bottom line is, if you get one of these 1099-K forms, do not just ignore it. And if you try doing your taxes yourself after getting one of these 1099-K forms for the first time, and really don't know what you're doing and/or what I'm talking about, do yourself a big favor and at least seek out the advice and help from a qualified tax professional. Even if it ends up costing you some fees, chances are it will save you much more in time, expense, and aggravation over the long run.
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01-26-2022, 11:22 PM
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