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Victoria Charity

Does the IRS care about sales/use tax when selling personal items online?

I've got a bunch of stuff I bought online from a store for my personal use over the years. The website never charged me sales tax and honestly I never bothered to report or pay the use tax to my state (yeah I know, probably should have). Now I'm planning to sell some of these items on eBay and I'm being careful to keep all my original purchase invoices to document my cost basis in case I get hit with a 1099-K form. I might even report the sales on my taxes even without a 1099-K just to play it super safe. Here's what's worrying me though - my invoices clearly show I didn't pay any sales tax on these items. Since sales/use tax is collected by state/local governments and not the feds, would the IRS even care about this if I got audited? I'm guessing most regular people don't report use tax anyway, but I don't want to create extra problems by showing the IRS a bunch of invoices where I basically avoided paying sales/use tax. Would this trigger some kind of red flag or additional scrutiny?

Jasmine Quinn

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The IRS and state tax authorities operate separately, but they do sometimes share information. That said, the IRS is primarily concerned with federal income tax compliance, not whether you paid state sales/use tax. When you sell personal items, the IRS is mainly interested in whether you've accurately reported any taxable gains (selling for more than your purchase price). Your cost basis documentation is important for this purpose, regardless of whether sales tax was paid. The absence of sales tax on your receipts doesn't invalidate them as proof of your cost basis. However, there is a small risk. If you're audited by the IRS and they notice patterns of tax avoidance, they could potentially refer your case to your state's tax authority. This is relatively uncommon for small-scale personal sales, but it's not impossible.

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Oscar Murphy

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So if I'm understanding right, the IRS isn't specifically looking for sales tax stuff but they COULD pass info to my state if they happened to notice it? How often does that actually happen? I've been selling some collectibles online too and now I'm a little worried...

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Jasmine Quinn

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The information sharing between the IRS and state tax authorities typically happens in more significant cases or organized tax evasion schemes, not usually for individual consumers who didn't pay use tax on personal purchases. It's relatively uncommon for small-scale sellers. The risk increases if you're conducting business-like activity with substantial volume or profit. If you're just selling personal items occasionally, even if some are collectibles, it's less likely to trigger this kind of information sharing. Your primary focus should be on accurately reporting any gains for federal income tax purposes.

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Nora Bennett

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Just wanted to share my experience with a similar situation. I was freaking out about the same thing last year and discovered https://taxr.ai which helped me figure out exactly what I needed to document for my online sales. Their system analyzed my invoices and clearly separated federal tax concerns from state ones. The tool pointed out that for federal purposes, the IRS only cares about your cost basis (what you paid) vs selling price, regardless of whether sales tax was included. But it also flagged which items might have state tax compliance issues so I could address those separately. Super helpful for peace of mind!

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Ryan Andre

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How does taxr.ai handle things if you've already filed returns in previous years without reporting use tax? Would using this flag old returns for audit or something?

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Lauren Zeb

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I'm skeptical of these tax tools - do they actually understand the nuances between different states? My state (WA) is super aggressive about hunting down use tax but my brother in NH doesn't deal with any of that.

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Nora Bennett

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The system is designed for forward-looking analysis and doesn't automatically report anything to tax authorities about past returns. It simply helps you understand your current situation and plan appropriately - your information stays private. They definitely handle state-specific rules - that was actually one of the most helpful features. The analysis breaks down requirements by state, so it recognizes the differences between states with no sales tax like NH versus those with stricter enforcement like WA. It even highlights which states have marketplace facilitator laws that now require eBay to collect sales tax on your behalf.

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Lauren Zeb

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After reading about taxr.ai here, I decided to give it a shot with my reselling side hustle. I was honestly ready to dismiss it as another useless tax tool, but I was surprised at how helpful it was specifically for my situation with online sales. The analysis showed me exactly which of my records would satisfy the IRS requirements for cost basis documentation (turns out my invoices without sales tax were perfectly fine for federal purposes!) and separately identified where I had state tax exposure. I ended up making a voluntary disclosure to my state for some past use tax, but now I can confidently use my original purchase documentation for federal tax purposes without worrying. The peace of mind was definitely worth it.

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If you're worried about the IRS questioning your invoices during an audit, you might want to check out https://claimyr.com - they helped me actually get through to an IRS agent to ask about this exact situation. I spent weeks trying to get clarification on using receipts without sales tax and kept hitting the "all circuits are busy" message. Their service got me connected to a real IRS rep in about 15 minutes! The agent confirmed what others here are saying - for federal tax purposes, they only care about accurate cost basis (what you paid for the items), not whether state sales tax was collected. You can see a demo of how it works at https://youtu.be/_kiP6q8DX5c if you're curious. Saved me a ton of stress wondering if my documents would be accepted.

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Wait, how does this actually work? Are you saying they somehow get you past the IRS phone queue? That sounds too good to be true... the IRS phone system is a nightmare.

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Anthony Young

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Sure buddy. Sounds like a scam to me. Nobody gets through to the IRS these days. I've tried calling a dozen times about my missing refund and just get endless holds and disconnects.

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They use a system that monitors IRS phone lines and alerts you when there's an opening, so you can call at exactly the right time. It's basically like having someone constantly redial for you until there's an available agent. It's definitely real - I was skeptical too until I tried it. They don't pretend to be you or anything sketchy. They just alert you when there's an opening so your call goes through instead of getting the busy signal. I got through in about 15 minutes when I had been trying unsuccessfully for weeks.

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Anthony Young

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I need to eat my words. After posting that skeptical comment, I was desperate enough to try Claimyr for my refund issue. I figured I had nothing to lose after waiting on hold for 3+ hours multiple times. It actually worked! Got connected to an IRS agent in about 20 minutes. While I had them on the phone, I also asked about this same issue with receipts that don't show sales tax. The agent confirmed they don't care about state sales/use tax documentation for federal income tax purposes. They're only looking at whether you accurately reported the purchase price and sale price. Totally worth it just for the time saved not listening to that horrible hold music.

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Just FYI - I'm a regular eBay seller and one important thing to know is that eBay now collects sales tax on your behalf in most states anyway. So for your current sales, you don't need to worry about collecting or remitting sales tax yourself. For your past purchases where you didn't pay use tax, that's between you and your state. Some states have amnesty programs where you can pay past use tax without penalties if you're concerned. But as others mentioned, for IRS purposes, they just care about your cost basis vs selling price for determining if you made a taxable gain.

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Thanks for mentioning that about eBay handling the sales tax now. I didn't realize that! So I just need to focus on accurately reporting my cost basis vs. selling price on my tax return? Do you know if it matters whether these were personal items vs. items I bought with the intention to resell?

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For the IRS, intent does matter. If these were truly personal items you originally bought for yourself (not with intention to resell), then you're generally not taxed on sales unless you sell for more than your purchase price. Many personal items actually sell at a loss, which isn't deductible for personal items. If you bought items specifically to resell, that's different - you'd report all profit as business income on Schedule C and could deduct legitimate business expenses. The line gets blurry when you're selling collectibles that appreciated in value while you owned them. Those can be subject to capital gains tax (usually at higher collectible rates of 28% versus normal capital gains rates).

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Admin_Masters

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One thing no one's mentioned - if you're just selling personal stuff occasionally, the IRS probably won't even know about it until the 1099-K thresholds kick in. For 2023 its $20K and 200 transactions, but in 2024 it drops to $5K. So unless you're selling a lot, this might be a non-issue anyway. And honestly, practically nobody reports use tax on their personal online purchases. States know this is happening but they don't have good enforcement mechanisms for individual consumers. They're more focused on going after businesses or marketplace facilitators (which is why eBay now collects the tax).

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The 1099-K thresholds are actually changing! Congress kept pushing back the $600 reporting threshold. It was supposed to start in 2022, then 2023, and now it's delayed again. So confusing to keep track of. I think we're still at $20K/200 transactions for 2023 tax year.

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