tag:blogger.com,1999:blog-12429580.post3448492372405059412..comments2024-03-26T06:28:09.125-04:00Comments on GavinThink: I was wrong: Ebay legal in Amherst, unless...Gavin Andresenhttp://www.blogger.com/profile/10105284501947275111noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-12429580.post-25571132842899872902007-10-03T19:16:00.000-04:002007-10-03T19:16:00.000-04:00The State Ethics Commission handles 1,000 complain...The State Ethics Commission handles 1,000 complaints per year (Yikes! Only in Massachusetts!).<BR/><BR/>So my little old complaint (would that be a .001% increase in their caseloads?) ain't costing squat.Larry Kelleyhttps://www.blogger.com/profile/02614645831526190536noreply@blogger.comtag:blogger.com,1999:blog-12429580.post-79077540982824835142007-10-01T10:46:00.000-04:002007-10-01T10:46:00.000-04:00Um, Gavin?I'm not an attorney, and I don't even im...Um, Gavin?<BR/><BR/>I'm not an attorney, and I don't even imagine I *play* one on TV, but I'm not sure I agree with your understanding of the answer here.<BR/><BR/>Town said:<BR/><I>You have asked if buying and selling used items out of your home would be considered a business. The answer is "yes" if you are doing this buying and selling for profit.</I><BR/><BR/>So you said:<BR/>So "engage in the business of" means "sell for a profit." So I'm OK, as long as the stuff I sell on Ebay sells for less than the price I paid for it. Good to know. I wonder if I'm allowed to use inflation-adjusted prices (if I sell a Star Wars action figure I bought for $3 in 1977, and sell it for $25 in 2007...)<BR/><BR/><B>I</B> would interpret what the Town said as meaning "if you hope to make a profit, it's a business." I don't think any implied or stated intent to sell things at a loss would prevent you from being considered a business based on the comments you cite. I'm not saying there's a one-to-one correspondence between income taxes and Town bylaws, but I would think that if your *intent* is that you're buying and selling, then the IRS would say you have to report your business income/loss, and the Town would also consider what you're doing a business.<BR/><BR/>However, I think it is insane for the IRS to imagine that the average EBay seller is reporting any business existence or profit/loss from same to the IRS or state. Somehow, even though it probably is legally required, I just can't imagine they can figure out how to enforce it with their limited resources. It just wouldn't be worth the time they might put into it!<BR/><BR/>And I have the same feeling about the way EBay selling is being portrayed in the comments you've cited here and in your other posts about this issue in Amherst and Northampton. Just as no one is going to complain if someone has a tag sale once or twice a year, but <B>will</B> complain if they have a weekly tag sale (see North Maple Street in Hadley?!?), unless UPS starts driving to your house many more times a day/week than they were already doing for all the usual reasons UPS delivers, I can't imagine anyone is even going to know you're doing this, and the idea that Amherst is suddenly going to crack down on home-based businesses and their taxable equipment is not a policy I'm aware of, nor, to my knowledge, would the resources be available to enforce such.<BR/><BR/>I suggest you come to the Select Board public comment portion of a regular meeting (most Mondays starting at 6:30) to ask for clarification on this, or write the Select Board a letter to 4 Boltwood Avenue, Amherst MA 01002, or email SelectBoard@AmherstMa.gov. This is taking a lot of a lot of people's time, sure, but it sounds like we need to all become clear on both legal standards and our local policy. Thanks (really:-) for bringing this to our attention.Alisa V. Brewerhttps://www.blogger.com/profile/07806428075243362536noreply@blogger.com