
Some sellers in California reported they were taken by surprise upon learning eBay issued IRS Form 1099-K for their sales activity in 2021, despite being below the threshold of $20,000 in sales and at least 200 transactions on the platform for the year.
Many sellers are aware that the Federal threshold for receiving the form is being
lowered for tax year 2022, so some wondered why they received Form 1099-K for
2021.
As one seller replied in a
thread on the eBay boards today, some states have thresholds much lower than the federal level. "My state has required eBay to send a 1099-K for transactions over $600 since 2018. eBay seems to have decided that California is now one of the states with a $600 threshold."
We
reported in 2018 about the surprise sellers in Vermont and Massachusetts got when those two states retroactively passed laws in 2017 requiring payment processors to file 1099Ks for customers who processed at least $600 in 2017, and no matter how few transactions they processed in the year.
A seller responding to today's thread on the eBay boards pointed to a page on the
California state website that explained reporting requirements for issuing 1099-Ks that includes the following:
1099-K: Payment Card and Third Party Network Transactions
As of January 1, 2021, you may receive a 1099-K if you receive annual gross payments of $600 or more in settlement of third-party payment network transactions and are an app-based driver, regardless of the number of transactions.
For returns for calendar years beginning in 2022, you may receive a 1099-K if you received payments:
From payment card transactions (e.g., debit, credit, or stored-value cards)
In settlement of third-party payment network transactions above the minimum reporting threshold of $600 in annual gross payments.
The seller wrote: "Income needs to be reported either way so it shouldn't really matter if the 1099-K is sent or not- though I know both you and the OP realize that - so the question is about whether or not eBay should be sending the form to CA residents that sold under $20K."
The seller then raised another interesting point:
"Actually - the question isn't even about whether eBay should be filing that form. It's about whether they're required to file it. There's nothing I'm aware of that says a company can't send the form below the threshold - just that they're required to do it once a certain threshold is hit."
One seller noted that they hadn't received the 1099k form in the mail but said it was in their eBay account when they checked.
It may be wise for sellers on any platform who did at least $600 in sales in any state to check their accounts to see if any 1099-Ks have been issued to them. We'd like to hear what you find out.