When Will the IRS See Me as a Real eBay Business?

Even though you may want to declare your eBayhobby or a real business, after they perform an audit.
selling as an eBay business, there is the chance thatIf you treat your eBay business as a business and
the IRS will treat your eBay selling as a hobby evenduring an audit the IRS decides that you’re business
though you declare it as a business on your tax return.is a hobby, than you can no longer have the business
The IRS will treat you as a business if the businessdeductions or losses you may have claimed.
makes a profit for three consecutive years, includingEven if you made money from your eBay business
the present one. For businesses that are more recentlast year, you can still treat your eBay selling as a
or businesses that make money in some years and inhobby, but you will have to report your income (profit)
the next lose money, the IRS uses a “fact andfrom selling on eBay on the ‘Other Income’ line
circumstances” test to determine if they shouldof Form 1040 and you will have to pay taxes on that
treat you like a business. They look at factors like…money if you don’t have a hobby related losses to
• How organized are you in keeping your businessoffset the profit (or you don’t have enough
records and accountshobby-related losses to offset your income entirely).
• If you have formed a legal business entity like anA good source where you can find a lot of training
LLC (limited liability corporation) for your business andmaterial about how to start your eBay business is by
you are complying with the laws that apply to thosegoing to Worldwide Brands. They have the biggest
legal entities.wholesale data available on the internet and they are a
• If you work a regularly amount of hours in yourcertified eBay Solutions provider.
businessMake sure you talk with a certified CPA or lawyer.
• Whether the activity is, by its nature, overlyThese are not financial advices. You should treat them
pleasurable or fun. Basically you decide if you want toonly as an entertainment. We do not assume any
treat your eBay business as a hobby or as a businessresponsibility on your losses or gains.
for tax purposes. But the IRS decides if you are a