Taxing Your eBay Profits

As a small business person-slash-advice columnist I dread the first quarter of the new year. Not because in my mind my own business fortunes start at zero again every January or because I have already dismissed every New Year's resolution I made when the clock rang out the New Year.

No, the reason I dread the first quarter of the new year is that my email box floods with questions about business taxes and the IRS, my two least favorite subjects on earth. It's not that I am opposed to paying my fair share of business taxes. It's that I consider the IRS to be a little like Beetlejuice, the movie demon who appeared only after his name was called three times in a row. My fear is if I write too many IRS columns their dark agents may appear on my doorstep, ready to drag me away to an uncertain fate.

Oh well, one must do his duty no matter the consequences, so here we go?.

Q: I am starting a small retail business. While talking to a potential supplier last week he asked for my EIN number. I had no idea what he was talking about, so I told him I would have to get back with him because I didn't have the number handy. What is an EIN number and why do I need one? -- Robert P.

A: Robert, do you remember the old Johnny Rivers song "Secret Agent Man?" There was a line that said, "They're giving you a number and taking away your name." An EIN isn't as cool as a secret agent number, but it works much the same way when it comes to your business' relationship with the IRS. Instead of identifying your business by name, the IRS identifies your business by EIN.

EIN stands for Employer Identification Number and is also known as a federal tax ID number. The EIN is a nine-digit number that the IRS assigns to businesses and is used to identify taxpayers that are required to file various business tax returns.

Does your business need an EIN? According to the IRS the answer is yes if:

· Your business has employees

· Your business is a corporation or partnership

· You file returns for Employment, Excise, or Alcohol, Tobacco and Firearms tax

· You withhold taxes on income (other than wages) paid to a non-resident alien.

· Your business has a Keogh plan

· Your business involves trust, estate, real estate mortgage investment conduits, non-profit, farmers' cooperatives, or plan administrators.

Applying for an EIN is a relatively painless task. You can apply online at the IRS website (irs.gov), apply by mail or telephone, or if you do business in a state that participates in the Federal Employer Identification Number project you can apply through you local IRS office (sorry, Alabama is not one of them).

You will need an EIN number prior to filing business returns with the IRS, so make sure you give yourself plenty of time to obtain one. For more information on EINs and your business, consult your accountant.

And while we're on the subject ?

Q: I made extra money selling things on eBay last year. These were items I picked up at yardsales mostly. My husband says I am responsible for paying income tax on the money I made, but I disagree. This is just my hobby, not a business. What do you think? -- Gladys A.

A: With so many people selling on eBay these days this is a question I get quite a bit. In fact, I have plans for a future "eBay and taxes" column, but I believe your question is more, "is it a hobby or is it a business?"

Again, I went to the horse's mouth (at least I think it was the mouth) for the answer. According to the IRS there are a number of factors that help determine if your hobby can be considered a business and thereby make you susceptible to the IRS tax rules governing business.

Do you carry on the activity in a business-like manner? If you conduct your eBay activities like a business, i.e. you keep business records, track your profit and loss, keep a separate checking account, etc. then whether you think so or not, your hobby is considered a business.

If you put considerable time and effort into your venture, the IRS may contend that you do so for profit and not fun. It seems the folks at the IRS don't believe in doing things strictly for pleasure. My guess is, neither do you. If you weren't making money selling on eBay I doubt you'd be bothering getting up at 4am to hit all those yardsales. Then again, maybe you would?

If you depend on income from your eBay activities for your livelihood, it's a business, not a hobby.

There are a number of other factors the IRS considers to determine if a hobby is really a business, but in your case I think that covers the basics.

For detailed answers to any tax question you should consult a qualified accountant or tax attorney. God forbid you rely on a guy who is afraid to mumble the letters "IRS" three times in a row.

Small Business Q&A is written by veteran entrepreneur and syndicated columnist, Tim Knox. Tim's latest books include "Small Business Success Secrets" and "The 30 Day Blueprint For Success!" Related Links: http://www.smallbusinessqa.com http://www.dropshipwholesale.net

Bloomberg

Vadim's Ferrari 250 GT Sells for $5. BusinessWeek Still, the Paris auctions saw few lots sell above valuations, suggesting that the market for more routine classics remains highly selective. Collectible cars often fetch higher prices through discreet transactions than at public auctions, dealers said. Vadim's Ferrari 250 GT Sells for $5.8 Million in Paris AuctionBloomberg all 4 news articles »

Treasury Yield Is 3 Basis Points From One-Week High Before Debt Auctions Bloomberg Treasury yields were three basis points from the most in a week on speculation investors will demand higher rates at $72 billion of note and bond sales that begin tomorrow, following a stronger-than-expected jobs report. The difference between rates on ... and more »

Treasury Auctions Set for This Week New York Times The Treasury's schedule of financing this week includes Monday's regular weekly auction of new three- and six-month bills and an auction of four-week bills on Tuesday. At the close of the New York cash market on Friday, the rate on the outstanding ...

Ivory Coast's Cocoa Auctions Put Futures Market on Edge Wall Street Journal Last week, Ivory Coast, the source of more than one-third of the world's supply, launched a series of auctions to sell a portion of its 2012-13 crop, part of the eight-month-old government's plan to overhaul the industry and ensure a floor price for ... and more »

Business Recorder

Scrutiny pays, but not always Hindustan Times Queues can be jumped, lotteries rigged and auction bids fixed. Without policing, none is inherently superior over the other two. To the extent that lotteries and early-bird schemes tend to create a black market, the original purpose of keeping prices ... Spectrum sale seen to swell coffersCalcutta Telegraph The court strikes backTimes of India Mobile spectrum auction: avoid the controversy, please!Business Recorder Business Standard -Hindu Business Line -Forbes India (blog) all 521 news articles »

CAPS auction brings record haul Salina.com By CHRIS HUNTER As the bids poured in from the crowd on a Bud Light speaker at the 23rd Annual Celebrity Benefit Auction for Child Advocacy & Parenting Services, Dr. Merle "Boo" Hodges was hoping to get a crack at the speaker if it stayed lower than ... and more »

The Guardian

Tom Brady Game Jersey Sells for Thousands at Super Bowl Auction Patch.com The 2011 game jersey was purchased at The Super Bowl XLVI Live Auction in Indianapolis on Saturday, tripling the item's presale estimated value, Hunt Auctions reports. Brady wore the jersey during the Oct. 16 game against the Dallas Cowboys. Tom Brady Jersey Auctions For $46KWRTV Indianapolis Tom Brady Jersey Sells For $46K At Auction Before Super BowlHuffington Post Super Bowl 2012 Buzz:Indianapolis Star WLKY Louisville all 533 news articles »

Atlanta Shakespeare Company Auctions ROMEO & JULIET Table Broadway World ASC is holding an e-bay auction for a front-and-center table for two for their special Valentine's performance of Romeo and Juliet. The auction will be for the performance on Tuesday February 14, 2012. The winner of the auction will also receive two ... and more »

Hindustan Times

IPL auction: Jadeja takes the cake with a cherry on top Hindustan Times IPL Chairman Rajeev Shukla (L) with owner of Mumbai Indians Nita Ambani and Kolkata Knight Riders owner Shah Rukh Khan at a press conference after auction of the players for IPL-5, in Bangalore. Like the past Indian Premier League auctions, ... 10 big facts about the IPL 5 auctionNDTV IPL 5 auction held; 800+ crore spent: Tournament from April 4isikkim Older players take a backseat at the 5th IPL auctionBusiness Today Times of India -TruthDive -Newstrack India all 379 news articles »

Stockholm home to oldest auction house Times of India Herodotus has mentioned auctions in Babylon. Several types of auctions - from slaves to seized goods in an armed invasion - are mentioned in Roman and Greek history. The modern world's oldest auction house is the Stockholm Auction house formed in 1674.