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	<title>Comments on: Ask the taxgirl:  Resale</title>
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	<link>http://www.taxgirl.com/ask-the-taxgirl-resale/</link>
	<description>Paying taxes is painful... but reading about them shouldn't be.</description>
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		<title>By: Chris Stout</title>
		<link>http://www.taxgirl.com/ask-the-taxgirl-resale/comment-page-1/#comment-7050</link>
		<dc:creator>Chris Stout</dc:creator>
		<pubDate>Fri, 31 Oct 2008 03:11:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxgirl.com/?p=1736#comment-7050</guid>
		<description>Terri -- Again, a word of caution. Kelly&#039;s primer about hobbies and business is a good start. However, in the world of sales tax, most people would be surprised to know that while the IRS may treat your hobby as a hobby, your state (or local government) may actually take two differing positions. The state may agree with the IRS and make you treat your hobby as hobby and disallow those state income tax deductions all while informing you that you need to be registered to collect and remit sales tax! 

Some craft show vendors have the sales tax built into the price so that they don&#039;t lose that &quot;yard sale&quot; appeal. However, believe it or not, some states make this practice illegal because it gives an unfair advantage to the seller. If you want some specific advice about your situation, you can drop me an e-mail at my website. But the free advice is to contact your state revenue department with an anonymous question -- You don&#039;t need to tell them who you are. Once you have all the necessary information you can make the informed choice as what you need to do for your situation.</description>
		<content:encoded><![CDATA[<p>Terri &#8212; Again, a word of caution. Kelly&#8217;s primer about hobbies and business is a good start. However, in the world of sales tax, most people would be surprised to know that while the IRS may treat your hobby as a hobby, your state (or local government) may actually take two differing positions. The state may agree with the IRS and make you treat your hobby as hobby and disallow those state income tax deductions all while informing you that you need to be registered to collect and remit sales tax! </p>
<p>Some craft show vendors have the sales tax built into the price so that they don&#8217;t lose that &#8220;yard sale&#8221; appeal. However, believe it or not, some states make this practice illegal because it gives an unfair advantage to the seller. If you want some specific advice about your situation, you can drop me an e-mail at my website. But the free advice is to contact your state revenue department with an anonymous question &#8212; You don&#8217;t need to tell them who you are. Once you have all the necessary information you can make the informed choice as what you need to do for your situation.</p>
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		<title>By: Terri</title>
		<link>http://www.taxgirl.com/ask-the-taxgirl-resale/comment-page-1/#comment-7048</link>
		<dc:creator>Terri</dc:creator>
		<pubDate>Thu, 30 Oct 2008 21:20:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxgirl.com/?p=1736#comment-7048</guid>
		<description>Thanks, that helped a bit!</description>
		<content:encoded><![CDATA[<p>Thanks, that helped a bit!</p>
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		<title>By: J G</title>
		<link>http://www.taxgirl.com/ask-the-taxgirl-resale/comment-page-1/#comment-7034</link>
		<dc:creator>J G</dc:creator>
		<pubDate>Wed, 29 Oct 2008 17:50:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxgirl.com/?p=1736#comment-7034</guid>
		<description>A minor semantic nuance; you mentioned &quot;charging&quot; the sales tax several times. We did craft shows for a living for many years and a regular question was &quot;do you have to charge the sales tax?&quot;. Our answer was always &quot;we don&#039;t charge any sales tax, but we do collect it for the folks you voted for, that imposed it&quot;.</description>
		<content:encoded><![CDATA[<p>A minor semantic nuance; you mentioned &#8220;charging&#8221; the sales tax several times. We did craft shows for a living for many years and a regular question was &#8220;do you have to charge the sales tax?&#8221;. Our answer was always &#8220;we don&#8217;t charge any sales tax, but we do collect it for the folks you voted for, that imposed it&#8221;.</p>
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		<title>By: Kelly</title>
		<link>http://www.taxgirl.com/ask-the-taxgirl-resale/comment-page-1/#comment-7030</link>
		<dc:creator>Kelly</dc:creator>
		<pubDate>Wed, 29 Oct 2008 11:43:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxgirl.com/?p=1736#comment-7030</guid>
		<description>Terri - 

For a quick primer,  &lt;a href=&quot;http://www.taxgirl.com/rethink-pink-mary-kay-may-be-a-hobby-not-a-business/&quot; rel=&quot;nofollow&quot;&gt;check out this prior hobby post&lt;/a&gt;.

For more on related deductions, &lt;a href=&quot;http://www.taxgirl.com/ask-the-taxgirl-deductions/&quot; rel=&quot;nofollow&quot;&gt; check out this post&lt;/a&gt;.</description>
		<content:encoded><![CDATA[<p>Terri &#8211; </p>
<p>For a quick primer,  <a href="http://www.taxgirl.com/rethink-pink-mary-kay-may-be-a-hobby-not-a-business/" rel="nofollow">check out this prior hobby post</a>.</p>
<p>For more on related deductions, <a href="http://www.taxgirl.com/ask-the-taxgirl-deductions/" rel="nofollow"> check out this post</a>.</p>
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		<title>By: Kelly</title>
		<link>http://www.taxgirl.com/ask-the-taxgirl-resale/comment-page-1/#comment-7029</link>
		<dc:creator>Kelly</dc:creator>
		<pubDate>Wed, 29 Oct 2008 11:41:03 +0000</pubDate>
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		<description>Chris, thanks much!  It is a really specific area, I don&#039;t think people realize how very specific.  I get a few questions each month assuming that the rules are federal and only rates are determined by the state - *not true*.</description>
		<content:encoded><![CDATA[<p>Chris, thanks much!  It is a really specific area, I don&#8217;t think people realize how very specific.  I get a few questions each month assuming that the rules are federal and only rates are determined by the state &#8211; *not true*.</p>
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		<title>By: Terri</title>
		<link>http://www.taxgirl.com/ask-the-taxgirl-resale/comment-page-1/#comment-7028</link>
		<dc:creator>Terri</dc:creator>
		<pubDate>Wed, 29 Oct 2008 11:37:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxgirl.com/?p=1736#comment-7028</guid>
		<description>generally... what constitutes a hobby? @ Christmas I make ornaments and sell them at our town Craft bazzar. I have no problem adding tax if necessary but would prefer not to as it would detract from the &quot;yard-sale&quot; appeal of the bazzar.</description>
		<content:encoded><![CDATA[<p>generally&#8230; what constitutes a hobby? @ Christmas I make ornaments and sell them at our town Craft bazzar. I have no problem adding tax if necessary but would prefer not to as it would detract from the &#8220;yard-sale&#8221; appeal of the bazzar.</p>
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		<title>By: Chris Stout</title>
		<link>http://www.taxgirl.com/ask-the-taxgirl-resale/comment-page-1/#comment-7024</link>
		<dc:creator>Chris Stout</dc:creator>
		<pubDate>Wed, 29 Oct 2008 04:55:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxgirl.com/?p=1736#comment-7024</guid>
		<description>As a specialist in sales tax, this question is always asked by people who have hobbies or a small enterprise on the side. Most states examine your hobby or enterprise to determine whether it is a business. In New Jersey, for instance, if you were a person selling scarves at a house party, you&#039;d more than likely be required to apply for a Business Registration Application. However, there&#039;s good news in New Jersey, because most clothing articles are not subject to sales tax.

But kudos for Kelly for giving the right advice out here. Sales tax is *very* state specific. I&#039;ve been working in the sales tax area for over 10 years and what works for one industry in one state, may not work in the same industry in another state. My advice to anyone intending to  sell something on an ongoing basis -- check with a local tax professional first. Telling the tax authority that you didn&#039;t know that the 1,500 scarves you sold last year were taxable usually doesn&#039;t relieve you of the obligation to collect the tax. However, if there is an obligation for you to collect the tax and you don&#039;t, you will probably have to pay for it out of your own pocket.</description>
		<content:encoded><![CDATA[<p>As a specialist in sales tax, this question is always asked by people who have hobbies or a small enterprise on the side. Most states examine your hobby or enterprise to determine whether it is a business. In New Jersey, for instance, if you were a person selling scarves at a house party, you&#8217;d more than likely be required to apply for a Business Registration Application. However, there&#8217;s good news in New Jersey, because most clothing articles are not subject to sales tax.</p>
<p>But kudos for Kelly for giving the right advice out here. Sales tax is *very* state specific. I&#8217;ve been working in the sales tax area for over 10 years and what works for one industry in one state, may not work in the same industry in another state. My advice to anyone intending to  sell something on an ongoing basis &#8212; check with a local tax professional first. Telling the tax authority that you didn&#8217;t know that the 1,500 scarves you sold last year were taxable usually doesn&#8217;t relieve you of the obligation to collect the tax. However, if there is an obligation for you to collect the tax and you don&#8217;t, you will probably have to pay for it out of your own pocket.</p>
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		<title>By: Oxnate</title>
		<link>http://www.taxgirl.com/ask-the-taxgirl-resale/comment-page-1/#comment-7017</link>
		<dc:creator>Oxnate</dc:creator>
		<pubDate>Tue, 28 Oct 2008 19:46:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxgirl.com/?p=1736#comment-7017</guid>
		<description>The easiest way around this is to move to Minnesota where there is no sales tax on clothing.</description>
		<content:encoded><![CDATA[<p>The easiest way around this is to move to Minnesota where there is no sales tax on clothing.</p>
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	<item>
		<title>By: insurancesitesfind &#187; Blog Archive &#187; Ask the taxgirl: Resale</title>
		<link>http://www.taxgirl.com/ask-the-taxgirl-resale/comment-page-1/#comment-7016</link>
		<dc:creator>insurancesitesfind &#187; Blog Archive &#187; Ask the taxgirl: Resale</dc:creator>
		<pubDate>Tue, 28 Oct 2008 19:03:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.taxgirl.com/?p=1736#comment-7016</guid>
		<description>[...] The rules for charging and collecting sales tax vary by state, so this is really a state specific question which I usually avoid. Ask the taxgirl: Resale [...]</description>
		<content:encoded><![CDATA[<p>[...] The rules for charging and collecting sales tax vary by state, so this is really a state specific question which I usually avoid. Ask the taxgirl: Resale [...]</p>
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