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Ebay Sports Ticket Sales


Diane

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Client buys sports tickets, then sells them over Ebay for a profit. I've been putting these sales on Schedule D as a short term gain. I felt that this created an investment sale, and not a self employment transaction since he is not in the business of selling sports tickets and has a regular job. He never makes enough to create any self employment tax and it's not a regular thing, although he's done it for a few years now. What is the right way to handle these sales?

Diane

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Client buys sports tickets, then sells them over Ebay for a profit. I've been putting these sales on Schedule D as a short term gain. I felt that this created an investment sale, and not a self employment transaction since he is not in the business of selling sports tickets and has a regular job. He never makes enough to create any self employment tax and it's not a regular thing, although he's done it for a few years now. What is the right way to handle these sales?

Diane

I see this as a business because there is a cost of doing business (Ebay Fees, Shipping and Handling Fees, Paypal Fee), after you take those costs in consideration + the cost of tickets, less whatever he gets for them is his profit.

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If he is doing this from a profit motive, I too would see it as a business. If he does not have a profit motive (maybe he is buying the tickets to use some personally and sell the others to finance his attendance at sporting events?) then it would be a hobby, and expenses might not be deductible. And I really think he is trying to make money from the sound of what you posted.

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eBay for example:

How much money do you have to make to be considered being in business for yourself? What if you are selling on eBay as a hobby - you just love doing it, it's fun, etc etc, but you find yourself making a substantial amount every week?

It is not the amount of money you make that determines if you are in business. If you have a profit motive and conduct your affairs in a businesslike manner then you are in business.

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