New 2023 TPSO Tax Rules: Key Changes to eBay, Ticketmaster Sales

Oct 10, 2023

Understanding Tax Implications of Reselling on eBay, Ticketmaster, and Other Platforms

In an era where online third-party settlement organizations (TPSOs) such as eBay, Ticketmaster, and Venmo have become commonplace, it’s crucial to be aware of the evolving tax landscape. Traditionally, the net income from these transactions have been considered taxable income. Starting this year, the American Rescue Plan of 2021, will now also require TPSOs to file Form 1099-K with the IRS and provide a copy to the payee if sales on their platform exceed $600. This blog provides insights to the 2023 TPSO Tax Rules and how you may be impacted.

What information should be retained?
To start, you will want to keep track of any and all sales transactions completed using TPSOs. These can be used to confirm the accuracy of the 1099-K received. Additionally, any expenses related to the sale of the tickets or merchandise should be retained. This includes the receipt from the original purchase of a resell item, any fees associated with using third-party platforms, and any shipping or delivery fees.

Will my personal TPSO transactions be taxable?
Since many consumers use TPSOs for personal transactions such as gifts or bill-splitting among roommates, the 1099-K received from the TPSO may include business and personal transactions combined. By keeping a log of all resale transactions, the taxpayer can avoid being taxed on a personal transaction. If there are several transactions and the taxpayer finds it difficult to keep track of their transactions, they should consider creating two separate accounts with the TPSO: One for the business transactions and one for their personal transactions. This will help them track transactions and ensure there is no confusion when it comes to filing with the IRS. Additionally, using detailed descriptions attached to each transaction will help with determination of business or personal transactions. Personal transactions should not be included as taxable income, even if the amount reported on the Form 1040 does not match the 1099-K. Documentation to support the personal transactions should be retained for three years from date of file to surpass the statute of limitations.

What will be considered taxable income?
Reportable personal gain is considered taxable income and will include the resale price of all tickets or merchandise on the TPSO decreased by any applicable expenses related to the sale. Since these are considered sale of personal items, only gains are taxable income and personal item losses cannot be used to offset other income. In the case of a personal item loss, the transaction should still be reported to the IRS by reporting the amount received as other income and offsetting this amount under other adjustments as the basis in the personal item.

Planning for increased tax liability due to new 2023 TPSO Tax Rules.
To properly plan for taxes, you can set aside a specific percentage of each sale to ensure you have cash available to pay any applicable tax liability. If you expect to owe taxes, it is worth considering making quarterly estimated tax payments or increasing the amount withheld from a W-2, if applicable. This will help to ensure there isn’t a significant amount of tax due in April and mitigate any penalties related to underpayment of estimated tax.

For more information about these threshold changes, visit the IRS website.

Categories: Tax Compliance