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Does anyone know if you need to collect sales tax for garage sales? My neighbor said her cousin got fined in California for not collecting sales tax at her yard sale.
That sounds like an urban legend. I've worked in tax accounting for over 10 years, and I've never heard of someone being fined for not collecting sales tax at a personal garage sale. The rules vary by state, but generally, occasional garage sales by individuals selling personal property aren't subject to sales tax collection requirements.
I had a similar situation last year and ended up consulting with a tax professional just to be safe. They confirmed what others have said here - if you're selling personal items at a loss (which is almost always the case with garage sales), there's no taxable income to report. The key test is whether you made a profit. Since you mentioned selling items for way less than you originally paid, you're dealing with personal losses, not income. The IRS doesn't allow you to deduct these losses, but they also don't tax them as income. Keep some basic records of what you sold and approximate original costs just in case, but you shouldn't need to complicate your tax return with this. A one-time garage sale of personal household items is very different from running a business or regularly buying/selling for profit.
That's really helpful advice about keeping basic records! I'm curious though - what kind of records would be sufficient? Like do I need receipts from when I originally bought everything years ago, or would a simple list with estimated original costs be enough? Some of these items I bought so long ago I honestly can't remember exactly what I paid for them.
One thing I'd add that might be helpful - make sure you understand the frequency limitation too. You can only use the Section 121 exclusion once every two years. So if either you or your husband used this exclusion on a previous home sale within the past 2 years, you wouldn't be eligible this time around. But assuming this is your first time using the exclusion (or it's been more than 2 years since either of you last used it), you're all set. The fact that you've lived there continuously since 2019 makes this a very straightforward case. Also, while you don't need to reinvest the proceeds to get the exclusion, you might want to consider the timing of your sale relative to when you plan to buy your next home for cash flow purposes. Having that $130k gain tax-free gives you nice flexibility for your next purchase!
That's a really important point about the frequency limitation! We actually haven't used the Section 121 exclusion before - this will be our first home sale as a married couple. My husband owned a condo before we got married but sold it about 4 years ago, so we should be well clear of that 2-year restriction. The timing aspect is something we're definitely thinking about. Having that tax-free gain will definitely help with the down payment on our next place, especially since we're looking at larger homes now that we're planning to start a family. It's nice to know we have the flexibility to take our time without worrying about tax consequences!
Great question about Section 121! I went through this exact situation when I sold my home last year. You're absolutely right that married couples can exclude up to $500,000 in capital gains, and it sounds like you're in a perfect position to take advantage of this. Just to reinforce what others have said - the 2-year ownership and use requirement is very straightforward in your case. Since you've been living there continuously since November 2019, you've got over 3 years of both ownership and primary residence use, which far exceeds the minimum requirement. One small tip I'd add: when you do your taxes next year, you'll report the sale on Form 8949 and Schedule D, but if your gain is fully excluded under Section 121, you won't owe any tax on it. Keep all your closing documents and any improvement receipts in a safe place - you'll need them for your records even though you probably won't owe taxes on the gain. The fact that you can rent for as long as you want without affecting the exclusion is such a relief, isn't it? We ended up renting for 8 months after our sale and it was great to have that flexibility to find exactly what we wanted. Best of luck with your sale and house hunting!
This is such helpful reassurance! I'm definitely feeling much more confident about our situation now. It's great to hear from someone who went through the same process recently. The point about Form 8949 and Schedule D is really useful - I hadn't thought about the reporting requirements even when the gain is excluded. We'll definitely keep all our closing documents and improvement receipts organized. Eight months of renting sounds like it gave you plenty of time to find the right place! We're hoping we won't need quite that long, but it's so nice to know we can take our time without any tax pressure. Thanks for sharing your experience - it really helps to hear how it actually worked out for someone in a similar situation!
19 Surprised no one mentioned this, but double check that you put the correct filing status on your W-4. If you accidentally selected "Married filing jointly" instead of "Single or Head of Household," that could explain the zero withholding. The tax brackets for MFJ are much wider, so it would assume you need less withholding. This happened to me last year!
This is a classic multiple jobs withholding issue that catches a lot of people off guard! Each employer's payroll system calculates your withholding as if that's your only job, which means they're using the standard deduction and tax brackets for a much lower income level than what you're actually earning combined. With $102,000+ total income, you're definitely in a tax bracket where federal taxes should be withheld. The fact that you're seeing zero withholding from both jobs strongly suggests the W-4 forms weren't filled out correctly for multiple job situations. Here's what I'd recommend doing immediately: 1. Use the IRS Tax Withholding Estimator online - it's free and accounts for multiple jobs 2. Update both W-4 forms, making sure to check the box in Step 2(c) for multiple jobs 3. Consider adding a substantial additional withholding amount in Step 4(c) to catch up on what you've missed this year Don't wait on this - the longer you go without proper withholding, the bigger your tax bill will be next April. You might also want to look into making estimated quarterly payments if you're already significantly behind for this year.
Just to add a data point - I sold my house 2 months after the 2-year mark last year but had it listed 3 months before. We had multiple deals fall through due to buyer financing issues. I claimed the full exclusion and wasn't audited. My tax person said the IRS generally looks at when you listed and when you accepted an offer, not just the final closing date.
Did you have to provide any special documentation with your tax return to show the listing date or the failed deals? Or did you just claim the exclusion normally?
I'm in a very similar situation right now - my 2-year mark hits in August and I'm listing in June to give myself some buffer. Reading through all these responses has been really helpful, especially hearing from people who actually went through this. One thing I'm doing differently based on what I've learned here is keeping detailed records of everything from day one. I'm documenting my listing date, any price changes, showing feedback, and especially any delays that aren't my fault (like inspection issues or buyer financing problems). It sounds like the consensus is that the IRS is reasonable about legitimate real estate delays as long as you can show good faith effort to sell within the window. The key seems to be having the documentation to back that up if questions ever arise. Thanks everyone for sharing your experiences - it's made me feel much more confident about my timeline!
That's a really smart approach with the detailed documentation from the start! I wish I had thought to be that organized when I went through this process. One additional tip - if you end up having to make any price adjustments during your listing period, make sure your agent documents the market analysis that supported those decisions. It helps show you were responding to legitimate market conditions rather than just being picky about offers. Also consider having your agent provide a comparative market analysis showing average days on market for similar properties in your area. This kind of third-party professional documentation can be really valuable if the IRS ever questions your timeline. Good luck with your sale!
Andre Lefebvre
i think everyone is overcomplicating this. I've got W-2Gs for years and just give em to my tax guy with all my other forms. he puts them in the right spot. if u dont have a tax person just use turbotax or something, it literally asks you if you have gambling winnings and where to put the numbers from the form. its not rocket science lol
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GalacticGuru
Just to add to what others have said - make sure you check Box 4 on your W-2G form to see exactly how much federal tax was withheld. This is crucial because it gets reported on Line 25b of your Form 1040 along with your other tax withholdings. Also, keep in mind that gambling winnings can push you into a higher tax bracket, so you might end up owing more than what was withheld. The casino typically withholds at 24%, but if your total income puts you in the 32% or higher bracket, you'll owe the difference. One last tip - if you're thinking about claiming gambling losses, you need to have them documented BEFORE you file. You can't go back and recreate a gambling log after the fact if you get audited. The IRS has seen every trick in the book, so proper documentation from the start is essential.
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Amina Toure
ā¢This is really helpful info about the tax brackets! I'm wondering - is there a way to estimate beforehand if I'll owe more money? Like if I know my regular income and the jackpot amount, can I figure out roughly what my total tax situation will look like before I file? I'd rather know now if I need to set aside extra money rather than get surprised with a big tax bill later.
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Daniel White
ā¢Yes, you can definitely estimate this! You'll want to add your W-2G winnings to your regular income to see what tax bracket you'll fall into. For 2025, the tax brackets are 10%, 12%, 22%, 24%, 32%, 35%, and 37% for different income levels. Here's a quick way to estimate: Take your expected total income (regular income + gambling winnings), then use the IRS tax tables or any online tax calculator to see your estimated total tax. Compare that to what you normally owe plus the amount withheld from your jackpot. The difference is roughly what you might owe or get back. For example, if your regular income puts you in the 22% bracket but adding the jackpot pushes you into 24%, you'd owe the extra 2% on that portion. Since casinos withhold at 24%, you might actually break even or get a small refund in that scenario. I'd recommend running the numbers through a tax calculator with your specific income figures to get a better estimate. Better to know now and set money aside than get hit with a surprise bill!
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