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Natasha Orlova

Do I need to charge sales tax on hobby art sales that aren't a formal business?

I'm hoping someone can give me some tax advice because I've been searching online for hours without finding a clear answer. My husband does woodworking as a hobby and occasionally sells pieces at our local community fair. Last year, he sold about 5 small items totaling around $580, and we weren't sure if we needed to add sales tax, so we just did to be safe. He went ahead and filed sales tax with our state for these transactions. What I'm really confused about and can't find a straight answer on: - Is he required to charge sales tax on hobby sales like this that aren't part of an actual business? - If he does need to collect sales tax, should we still report this income as hobby income on our taxes, or does collecting sales tax automatically make this self-employment income? I'm worried we might be doing this wrong and don't want to get in trouble with either the state tax department or the IRS. Any insights would be super helpful!

Javier Cruz

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While I'm not a tax pro, I have a similar situation with my pottery hobby. From what I understand, sales tax and income tax are two separate issues. For sales tax: In most states, you're required to collect sales tax on tangible items sold regardless of whether it's a hobby or business. The state doesn't care if you're making a profit - they just want their sales tax on transactions happening in their state. For income tax purposes: You can still classify this as hobby income (reported on Schedule 1) if it truly meets the hobby criteria. Collecting sales tax doesn't automatically make it a business. The IRS looks at things like whether you're trying to make a profit, how much time you spend, and if you depend on the income. Just remember that with hobby income, you can't deduct losses against other income like you could with a business, and your expenses can only be deducted as itemized deductions (subject to the 2% AGI floor).

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Emma Thompson

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But what if you're selling at craft fairs where some people don't charge sales tax? Does that mean they're breaking the law? And do you need a special permit or something to collect sales tax? The whole thing seems confusing!

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Javier Cruz

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Yes, people at craft fairs who aren't collecting sales tax are technically breaking their state's tax laws in most cases. Most states require you to have a sales tax permit or license before you can legally collect sales tax. It's usually a simple registration with your state's department of revenue. The confusion often happens because many hobby sellers either don't know the rules or choose to ignore them, especially for cash sales at small events. But just because others aren't following the rules doesn't make it legal to skip collecting tax. If your state audits sales at these events (which does happen), the sellers could face penalties and back taxes.

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Malik Jackson

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I struggled with exactly this question when I started selling my handmade jewelry! I finally found taxr.ai (https://taxr.ai) which helped me figure out the difference between hobby vs business rules. Their system analyzed my situation and showed me that even though I was collecting sales tax (which is required in my state regardless of hobby status), I was still firmly in "hobby" territory for federal tax purposes. The site lets you upload your sales records and it analyzes your pattern of activity to help clarify whether you're likely to be considered a hobby or business. It also explains how to report both the income and the sales tax you've collected, which was super helpful since those are handled differently.

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Did it actually give you specific advice about whether you needed a business license in your state? I'm in a similar situation with my candle making and I'm worried about getting in trouble with my city.

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StarSurfer

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How accurate is this service? I've heard conflicting advice from different tax preparers about hobby income reporting, especially with the tax law changes. Does it keep up with current rules?

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Malik Jackson

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Yes, it actually did provide state-specific information! It asked for my location and then explained that in my state, even hobby sellers need a sales tax permit if they sell at more than two events per year. It even provided a direct link to my state's registration page, which saved me a ton of research time. The service seems very up-to-date with current tax rules. It specifically addressed the changes from the Tax Cuts and Jobs Act that affected hobby expense deductions. It explained how hobby expenses are now much harder to deduct since miscellaneous itemized deductions subject to the 2% floor were suspended through 2025. This was consistent with what I later confirmed with a tax professional.

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Just wanted to follow up and say I tried taxr.ai after seeing this thread. It was seriously helpful! I uploaded my sales records from the 6 craft fairs I did last year, and it analyzed everything and showed me I'm still in hobby territory based on my pattern of sales (mostly seasonal, not regular). But the most helpful part was that it clarified I DO need to collect sales tax in my state even as a hobbyist, and I needed to register for a seller's permit. I was able to get that sorted out quickly based on their guidance, and now I feel much more confident that I'm handling things correctly. It also showed me exactly how to report this on my tax return without triggering any red flags. Definitely worth checking out if you're in this gray area!

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Ravi Malhotra

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If you're having trouble getting clear answers from your state's tax website (like I was), I'd recommend using Claimyr (https://claimyr.com) to actually get through to a live person at your state tax department. I was stuck in the same situation with my leather crafting hobby, and the website was so confusing! I used their service (there's a demo video here: https://youtu.be/_kiP6q8DX5c) and they got me through to my state's tax department in under 10 minutes instead of the 2+ hours I'd been waiting on my previous attempts. The rep was able to confirm that yes, even hobby sales require sales tax collection in my state, and walked me through how to register for the necessary permit. They basically call and wait on hold for you, then call you when they have a real person on the line. Saved me so much frustration!

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How does this even work? I've tried calling my state tax office so many times and just get stuck in endless phone trees or disconnected. Is this actually legit?

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Omar Hassan

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Sounds like a scam tbh. Why would I pay someone else to make a phone call I could make myself? And how would they have any better luck getting through than I would? The hold queues don't care who's calling.

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Ravi Malhotra

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It works by having their system dial and navigate through all the phone menus and then wait on hold for you. You just tell them which department you need to reach, and they handle the waiting part. When they actually get a real person on the line, they call your phone and connect you directly to the agent. So you don't waste your time sitting on hold. I was skeptical too at first, but the difference is they have a system that can stay on hold indefinitely, while most of us have jobs, errands, and lives that make it hard to sit on hold for hours. Think of it like hiring someone to stand in line for you. Plus they know all the phone tree options already, so they can navigate to the right department faster than I could fumbling through options.

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Omar Hassan

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Ok I need to admit I was wrong about Claimyr. After seeing it mentioned here, I had a ton of sales tax questions that weren't being answered on my state website, so I finally broke down and tried it yesterday. I was still super skeptical but desperate since tax deadlines are approaching. It actually worked exactly as described. I submitted my request to talk to my state's tax department, and about 15 minutes later I got a call connecting me directly to an actual human at the tax office! No waiting on hold, no getting disconnected. The agent confirmed that yes, I do need to collect sales tax on my hobby book sales, and helped me set up the proper registration. Honestly after months of confusion and failed attempts to get answers, this saved me so much stress. Sometimes it's worth paying for convenience when dealing with bureaucracy!

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Something nobody has mentioned yet - in many states, you also need to consider local sales taxes too, not just state! Where I live, there's the state rate PLUS county PLUS city rates that all need to be collected separately. And if you sell at craft fairs in different counties, you need to track and remit based on where the sale actually happened. It can get complicated fast!

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Diego Chavez

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Wait seriously? So if I sell at events in different cities I need to keep track of different tax rates for each location? How do people manage this without special software??

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Yep, exactly! Most people use either a spreadsheet where they track the location of each sale, or they use one of the small business point-of-sale systems that can calculate different tax rates based on GPS location. Some craft fair sellers I know actually print out a sheet with the tax rates for each common location where they sell, and they bring it with them to events. The good news is that many states have simplified this with "destination-based" reporting where you just need the county/city info rather than specific tax districts. But it's definitely more complicated than most hobby sellers realize when they're starting out!

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NeonNebula

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Has anyone here had a hobby suddenly cross the line into "business" territory with the IRS? I'm curious what triggers that - is it just amount of money or are there other factors? I sell some of my nature photography prints and I'm worried about accidentally crossing some threshold I don't know about.

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The IRS looks at the "9 factors test" to determine if something is a hobby vs business. It's not just about money! They look at: if you run it in a businesslike manner, your expertise, time invested, expectation of asset appreciation, success in similar activities, history of income/losses, amount of profits, your financial status, and element of personal pleasure. If you show a profit in 3 out of 5 consecutive years, they generally presume it's a business.

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Emma Davis

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I went through this exact same situation with my husband's furniture restoration hobby! What we learned after consulting with a tax professional is that you're absolutely right to be collecting sales tax - in most states, it's required regardless of whether you're operating as a hobby or business. The key thing is that sales tax collection and income tax classification are completely separate issues. Just because you collect sales tax doesn't automatically make it a business for IRS purposes. The IRS looks at factors like profit motive, time invested, whether you depend on the income, and how businesslike your operations are. For your situation with $580 in sales, you'd likely still report this as hobby income on Schedule 1 of your tax return. The sales tax you collected gets reported separately - you'll show it as income when you collect it, then as a deduction when you remit it to the state, so it essentially washes out on your federal return. One tip: keep detailed records of all your sales, including the sales tax portion, because you'll need to show the state exactly what you collected and when. Most states require quarterly or annual filings even for small amounts. Your husband is doing the right thing by being proactive about compliance! Better to err on the side of caution with tax matters.

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Emma Davis

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This is really helpful! I'm just starting to sell my handmade jewelry and was completely confused about the difference between sales tax and income tax reporting. So if I understand correctly, even if I'm just doing this as a hobby and making maybe $300-400 a year, I still need to get a sales tax permit and collect tax from customers? And then I report the hobby income on Schedule 1 but the sales tax collection is handled separately? I want to make sure I'm doing everything legally from the start rather than trying to fix things later.

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Yes, you've got it exactly right! Even for $300-400 in hobby sales, you'll likely need a sales tax permit in most states. The threshold for requiring a permit is usually very low - sometimes just one taxable sale. Here's the process: Get your sales tax permit first (usually free or low cost), then collect the appropriate sales tax on each sale, file your sales tax returns as required (monthly, quarterly, or annually depending on your state), and remit the tax you collected. For federal taxes, you'll report the total income (including the sales tax portion) as hobby income on Schedule 1, then deduct the sales tax when you pay it to the state. The sales tax essentially becomes a wash - you report it as income when collected, then deduct it when paid out. Starting compliant from day one is definitely the smart approach! It's much easier than trying to sort things out retroactively if your state decides to audit craft fair vendors (which does happen occasionally).

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Paolo Moretti

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I went through almost this exact same situation last year with my ceramic pottery hobby! After doing a lot of research and talking to my state's tax office, here's what I learned: You're absolutely doing the right thing by collecting sales tax. In most states, sales tax is required on tangible goods regardless of whether it's a hobby or formal business - the state just wants their cut of the transaction. For the income reporting piece, you can still treat this as hobby income since $580 from occasional craft fair sales clearly falls into hobby territory. The fact that you're collecting sales tax doesn't change that classification - they're separate tax issues entirely. When you file your taxes, you'll report the total income (including the sales tax portion) on Schedule 1 as "Other Income." Then when you remit the sales tax to your state, you can deduct that payment, so the sales tax portion essentially washes out on your federal return. The key is keeping good records of what you collected versus what you remitted to the state. Most states have pretty simple filing requirements for small sellers - mine only requires annual filing since I'm under their quarterly threshold. Don't stress too much about crossing into "business" territory at your current level. The IRS looks at things like profit motive, time invested, and business-like operations. Occasional craft fair sales of $580 is clearly hobby activity!

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StarSurfer

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This is exactly what I needed to hear! I'm in a very similar situation with my husband's woodworking - we've been so worried about whether we're handling everything correctly. Your explanation about the sales tax washing out on the federal return makes perfect sense and I hadn't understood that part before. One quick follow-up question: when you say "occasional craft fair sales" - is there a specific number of events or frequency that might push someone from hobby into business territory? We're thinking about doing maybe 8-10 fairs next year instead of just the few we did this year, and I want to make sure we don't accidentally cross some line we don't know about. Thanks for sharing your experience - it's so helpful to hear from someone who's actually been through this process!

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