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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5524
Experience:  28 years of experience in general practice, real estate law and estate law.
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I am selling a house in NY state with furniture. Does the

Customer Question

I am selling a house in NY state with furniture. Does the buyer need to pay sales tax on the furniture? Does it matter if the furniture is a separate line item in the purchase agreement or it is lumped together with the rest of the price of the house? If there is a sales tax is it seller responsibity to collect from the buyer. I am looking for some solid reference directly related to my situation with some NY law support on the subject.
Submitted: 17 days ago.
Category: Real Estate Law
Expert:  LawTalk replied 17 days ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If you are selling furniture with your home, there is absolutely no need to charge sale tax on the furniture that you sell unless the furniture is brand new and you are simply a retailer of the furniture.

This is absolutely no different from you selling the furniture at a yard sale. The sale of used furniture by an owner is not subject to sale tax.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Customer: replied 17 days ago.
With the yard sale there is $600 limit after that the sales tax kicks in. Check the inrernet.
Expert:  LawTalk replied 17 days ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.


Expert:  Damien Bosco replied 17 days ago.

HI Brian: If you are still interested I found the New York State Department of Taxation and Finance website that discusses the issue of selling furniture from someone's home. I can give you some of the verbiage and the website link. You can let me know.

Customer: replied 17 days ago.
please but I already know the answer if I am just selling separtly the futniture pieces --- in this case there is 600 dollars threshold.. I am looking for something where the furniture is sold as part of real estate transac action.
Expert:  Damien Bosco replied 17 days ago.

Okay. That is a different issue. Here is a website (you may already have seen it) that discusses selling furniture as part of a sale of the house. Let me know if it helps after you take a read at it. No rush.

Customer: replied 17 days ago.
Yea, I saw it earlier but it does not answer my question on the sales tax
Customer: replied 17 days ago.
I see that you referenced me to someone else. Can you make sure that it actualy happened As I Just Figured Out that my response to you may have taken me out of other lawyers reach.
Expert:  Damien Bosco replied 17 days ago.

Hi Brian: The other expert opted out, ceasing to work on your question because of the inability to assist you any further. I also provided you with the all the information that I know to answer your question at this time. I will opt out of this question also so possibly another expert can help you.

Expert:  Attyadvisor replied 17 days ago.

I am a different Attorney and it will be my pleasure to assist you. There is a difference between the sale of real and personal property. When you sell personal property, such as furniture, appliances etc., since you are not a retailer or a wholesaler you do not charge sale tax. The personal property passes as a separate action through a Bill of Sale. The real property passes by a deed. These would be two separate transactions. You are certainly free to sell the personal property under whatever terms you and the purchaser agree to. Real Property is subject to a different set of laws.

I hope that clears up the situation.

Thank you for using JA!

Customer: replied 17 days ago.
Thanks can you provide me with a link to that regard. So this is different from garage sale in NY where the sales tax needs to paid if the total amount of sale exceeds $600
Expert:  Attyadvisor replied 17 days ago.

You are 100% correct in the fact that if the amount exceeds $600.00

Expert:  Attyadvisor replied 17 days ago.

"The conditions that must be met under Tax Law section 1115(a)(18) to avoid registration and sales tax collection are:

  • The sale is at your home.
  • Neither you (the seller) nor any member of your household is in a trade or business selling similar items. For example, if you own a store where you sell antiques and are registered to collect sales tax, your spouse cannot sell antiques from your home without also registering to collect sales tax.
  • You make sales for three days or less in a calendar year. Sales on the fourth and subsequent days are subject to tax.
  • You do not expect your sales to exceed $600 in a calendar year. If actual sales unintentionally exceed $600, the first $600 in any calendar year is exempt. (See Occasional sales from your home (casual sales), explained above, for information on remitting sales tax when this limit is unintentionally exceeded.)

Example: You decide to hold a garage sale at your home that will run Friday, Saturday, and Sunday during a weekend in June. You sort through belongings and decide to sell numerous items including books, children's clothing, miscellaneous kitchen items, and tools. You price most of the items that you are selling under $2.00 each. At the end of the weekend, you count the money and find that you made $175 in sales. These sales are exempt from sales tax because they were not items normally sold by any member of your household; the sale lasted three days or less; and as you expected, sales did not exceed $600.

The purchaser must pick up the items at your home. If you deliver or mail an item to an address in New York State, you must collect the tax on the sale price of the item. See the rules for Occasional sales from your home (casual sales), explained above.

You must collect sales tax, and may have to register as a vendor, if the sales you are making are:

  • more frequent than allowed by these exemptions,
  • of greater value than the limits indicated, or
  • not made from your home."

If you have any further questions on the tax this is the link to contact

They will be happy to discuss the tax amount and forms needed.

Expert:  Attyadvisor replied 17 days ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.


Customer: replied 17 days ago.
if the furniture in my house worth 10k and I am selling the house with the furniture I need to pay sales tax on $9,400
Expert:  Attyadvisor replied 17 days ago.

If you are selling them separately as you suggested in the garage sale scenario there would be sales tax. When a personal property is included in a sale it generally is given no value and is transferred by a bill of sale. If the parties work out something on their own that is a separate deal that does not the real estate.

If you are actually receiving money for the items outside of the real estate transfer sales tax would be paid and you are correct.

I believe that the confusion of the part of the attorneys is that you are able to transfer personal property in a real estate transaction with no sales tax as it is part of the real estate transfer.

In fact you have 2 separate transactions, one for real property which has it own taxes and the other personal property. I think they were trying to tell you it was unnecessary to charge tax if the items were being transferred under the real estate contract.

You are correct and with 2 transaction and one exceeding the $600.00 the link I provided applies.

Expert:  Attyadvisor replied 17 days ago.

This is the link for information

Expert:  Attyadvisor replied 17 days ago.

Do you have any additional questions for me?

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

If you are unhappy with my service please let me know and I will opt out or request a refund for you.

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