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Question

A friend is liquidating his kayak business, moving the operation oversees. He offered a mutual friend a temporary opportunity to unload his blemished, "seconds", used and some newer inventory (approx 25-35) kayaks of all sizes and models. I volunteered my side yard for storage, repair facility, and a place for my friend to move them via Craig's list ads, which has been renewed weekly for the past several months.
The kayak manufacturer sells them at reduced wholesale costs to my friend, who has to spruce them up for sale to only individuals who pass by our yard, word of mouth, or answer the Craig's list ads. In this recession, they're moving a very slow pace of 1-3 a week. This is NOT meant to be an ongoing business..only until the inventory is gone.. The question is: do we need a business license, & must the small profits/expenses be reportable? Can he or I be reported to the IRS for unreported income?

Submitted: 95 days and 22 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Posted by LEV 95 days and 21 hours ago.

Answer

The question is: do we need a business license,

There is no need for business license, however - as a retailer you might be required to charge sales tax from buyers, and might need a registration in your state's Department of Revenue.

& must the small profits/expenses be reportable?

Yes - the activity - as you described it should be classified as your business - gross proceeds and expenses should be reported on your tax return.

Can he or I be reported to the IRS for unreported income?

Yes - please see the IRS article How Do You Report Suspected Tax Fraud Activity?

 

Let me know if you need any help.

 

95 days and 21 hours ago.

Reply

thank you for the informative answer.. we are in LA County, Calif..what factors qualify my friend as a "retailer" -- and what local or state agency would be contact for further info re: sales tax, and registration? Since this is a very temporary business - two to three more months, maximum..are we still required to register? Re: tax return, my friend earns below the minimum income to file a tax return.. thanks again!

Accepted Answer

According to publication 1595 - Occasional Sales - Sale of a Business - Business Reorganization,

If, in any 12 month period, the operator of the service enterprise makes more than two sales in substantial amounts of tangible personal property used in the service enterprise, the first two sales are exempt occasional sales,

Please see California Seller's Permit Application for Individuals/Partnerships/Corporations/Organizations (Regular or Temporary)

See also

Sales and Use Tax Questions for the Business Person Pub 53-B

Let me know if you need any help.

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Expert: LEV
Pos. Feedback: 99.3 %
Accepts: 
Answered: 8/20/2009

Tax Preparer

Taxes, Immigration, Labor Relations

95 days and 20 hours ago.

Reply

One additional question to the above string.. could there be zoning restrictions for my friend's temporary business selling used kayaks out of my back yard in Los Angeles county?

Accepted Answer

Because that is temporary sale - not a permanent retail location - you most likely do not need any other permit and zoning restriction would not apply.

However if neighbors would start complaining - you might have an issue and would be requited to shut down the activity.

 

You also may contact your county or city and verify if you need a special permit for such activity.

 

Picture
Expert: LEV
Pos. Feedback: 99.3 %
Accepts: 
Answered: 8/20/2009

Tax Preparer

Taxes, Immigration, Labor Relations

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