Here in Australia the Australia Taxation Office (the ATO, our IRS) had eBay
hand over all records for Powersellers on eBay Australia that showed a
complete list of their sales for the tax year 2002/2003. Presumably they
also handed over all their Paypal records as well.

eBay Australia notified all sellers that they would be doing this, as such a
practice falls under part of the User Agreement that sellers/buyers must
agree to when they sign up with eBay and Paypal.

By choosing a completed year as the ATO did, it would be a very simple
process to compare declared income with eBay sales (and Paypal
transactions).

In Australia we have GST (Goods and Services Tax) of 10% and all traders
trading above a certain annual turnover (that's turnover, not profit/income)
have to be registered for GST and collect GST for the Federal Government.
Obviously anybody whose eBay sales and/or Paypal transactions are over that
limit and aren't registered for GST are also in trouble.

Phil

Phil Edwards Cinema Arts
26 Vista Avenue
Soldiers Point
NSW 2317
AUSTRALIA

E: [EMAIL PROTECTED]
W: www.cinemarts.com
Phone: (International Dial) 0011 61 2 49847322
Phone:  (Domestic Dial) 02 4984 7322

----- Original Message -----
From: "Tom Johnson" <[EMAIL PROTECTED]>
To: <[email protected]>
Sent: Friday, April 01, 2005 4:41 AM
Subject: Re: [MOPO] Ebay & sales taxes or income taxes


> Though for those of us who are not "dealers," I believe proceeds from
sales
> made within a "hobby" are exempt from federal income tax, or at least were
> last I checked the tax code on it a few years ago. I'm no tax expert, and
> may stand corrected, but my understanding is:
>
> if you are genuinely not in the poster or collectibles business--that is,
it
> is not a source of income--and sell a poster on ebay, or anywhere else for
> that matter, you are not required to pay federal income taxes on any
profit
> you realize for that sale. Your claim would need to stand up under any
audit
> you might get--but if you are prepared to show that you buy and sell as a
> hobbyist, and that you spend about what you bring in, or more, on that
> hobby, you're in the clear.  Now, if you suddenly saw a huge windfall
from,
> say, selling a very valuable poster that you paid very little for, didn't
> declare anything , and then got audited, maybe a tax auditor would hold
you
> liable for capital gains tax on that sale.  But again, if you could show
> that over the course of several years you still averaged no income from
your
> buying and selling, i think you'd still be ok--assuming the feds believe
> you.
>
>
> --Tom Johnson
>
> on 3/30/05 10:13 AM, Richard Halegua Comic Art at [EMAIL PROTECTED]
> wrote:
>
> > I know people like to think that because they aren't involved in a
> > "business per se", the single reality is that when you do sales to
people
> > within your state, regardless of whether you have a sales tax license or
> > not, sales taxes must be paid on that sale and the onus is on the buyer
to
> > pay those.
> >
> > However, income taxes are to be paid on every dollar you make -- no
matter
> > how you make it.
> >
> > the gov't has been working on this issue for some time, this is nothing
> > new. However, if a W-2 is not issued, how does the gov't know you made
> > money?? As Shakespeare said "therein lay the rub".....
> >
> > The gov't could create a law requiring ebay to reveal sales info by
> > sellers. But that would create numerous lawsuits that would drag on for
years
> > they could require banks to report bank deposits.. or even more
dangerous
> > to the sellers.... They could require paypal to report all payments on a
> > regular basis, which seems to me to be the one way that the gov't would
> > have that would not require a constitutional amendment.
> >
> > One reality... the constitution forbids an "interstate tariff on sales".
Or
> > in other words, unless you have a presence in a particular state, you
need
> > not collect sales taxes in that state (presuming it isn't the state you
> > live in) and that is why you see some businesses (liek Wal-Mart) ask for
> > taxes of all buyers as they clearly have a presence in all states.
However
> > you still must pay income taxes on the profits of that sale.
> >
> > that's teh simple of it
> >
> > Rich================================
> >
> >
> >
> >
> >
> >
> > At 09:57 AM 3/31/05, Movielegends wrote:
> >> Well not exactly "TAX MAN"...
> >>
> >> Media Scrutinizes eBay Sellers' Tax Obligations
> >>
> >> eBay sellers are wondering about the sudden media
> >> speculation as to
> >> whether the IRS will turn the spotlight on eBay.
> >> Monday kicked off
> >> with a segment on morning television show The Today
> >> Show, "IRS to look
> >> at eBay buyers and sellers." And an Associated Press
> >> article By Mary
> >> Dalrymple, "Online sellers who make big money on eBay
> >> could face the
> >> tax man," showed up on sites from Wired to
> >> BusinessWeek to USA Today
> >> and many local media sites.
> >>
> >> TechDirt blogged on the issue, "EBay Sellers Try To
> >> Get Moral Support
> >> For Income Tax Evasion." Comments to the post
> >> expressed displeasure
> >> with the specific issue of eBay taxes and the tax
> >> system as a whole
> >> (http://www.techdirt.com/articles/20050328/045208_F.shtml
> >> - scroll
> >> down to read comments).
> >>
> >>
> >>
> >>
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