How to Handle Sales Tax When You Have a Side Hustle

You've started selling things on the side—maybe flipping items from thrift stores, selling crafts on Etsy, or clearing out your garage on eBay. At what point do you need a resale certificate? When does your hobby become a business?

This guide helps you understand the line between hobby and business, and when to get serious about sales tax.

Side Hustle Work

Hobby vs. Business: What's the Difference?

The distinction matters for taxes:

The IRS Factors

The IRS considers several factors when determining hobby vs. business:

1. Profit motive - Are you trying to make money?
2. Time invested - Regular, substantial effort?
3. Dependence on income - Is this significant income?
4. Profit history - Have you made profit in prior years?
5. Expert consultation - Have you sought advice?
6. Changes to improve - Do you adjust to increase profit?

The General Rule

If you're doing any of these regularly with intent to profit, you likely have a business:

• Buying items specifically to resell
• Sourcing inventory from suppliers
• Selling on multiple platforms
• Reinvesting profits into more inventory
• Tracking profit/loss by item

When Do You Need a Resale Certificate?

You Probably Need One If:

• You buy items specifically to resell (not personal items)
• You source from wholesalers or retailers for resale
• You sell regularly (weekly or more)
• You've made more than a few hundred dollars
• You plan to grow your selling activity

You Probably Don't Need One If:

• You're only selling personal belongings
• You sell occasionally (few times per year)
• You have no intention of continuing
• You're donating proceeds (but check state rules)

The Gray Area

Getting Started with Tax Compliance

Step 1: Acknowledge You Have a Business

Once you decide you're a business:

• You get tax benefits (deductions)
• You have tax responsibilities (reporting, collecting)

Step 2: Register Your Business

Basic steps:

1. Choose a business name (can be your name)
2. Decide on structure (sole proprietorship is easiest to start)
3. Get an EIN from IRS (or use SSN for sole prop)
4. Register with your state

Step 3: Get Your Resale Certificate

Apply for a sales tax permit and get your certificate:

Get Your Resale Certificate →

Step 4: Understand Collection Requirements

You may need to collect sales tax based on:

• Where you're located
• Where your customers are
• What platform you use

Platform-Specific Rules

eBay

Collection: eBay collects as marketplace facilitator

Your responsibilities:

• Register in your home state
• Get resale certificate for inventory purchases
• File any required returns

Amazon

Collection: Amazon handles marketplace tax collection

Your responsibilities:

• Register for sales tax permit
• Get resale certificate
• Consider FBA nexus implications

Etsy

Collection: Etsy collects in most states

Your responsibilities:

• Register your business
• Get certificate for supplies
• File any required returns

Facebook Marketplace

Collection: Varies (evolving rules)

Your responsibilities:

• More likely to need your own collection
• Register based on your sales activity
• Track sales carefully

Poshmark/Mercari

Collection: Platform usually handles it

Your responsibilities:

• Register if high volume
• Track for income tax purposes

The Tax Benefits of Being a Business

Once you're officially a business, you can deduct:

The Power of Deductions

Example:

Without tracking these as a business, you'd potentially pay tax on the full $15,000.

Record Keeping for Side Hustles

What to Track

Even if you start simple, track these from day one:

Tools That Help

For sellers working across multiple platforms, tools like Raidframe can track inventory and sales across all your channels.

Common Side Hustle Tax Questions

"I only made $500 last year. Do I need to report it?"

Yes. All income should be reported. You may not owe much (or any) tax after deductions, but report it.

"Do I need an LLC?"

Not necessarily. Many side hustles operate as sole proprietorships. An LLC offers liability protection but has extra requirements.

"What if I lose money?"

Business losses can offset other income. This is an advantage of being classified as a business. But the IRS expects profit eventually—consistent losses may trigger scrutiny.

"Should I open a business bank account?"

Highly recommended. It simplifies tracking and keeps personal/business separate.

"When should I go full-time?"

Consider it when:

• Side hustle income approaches job income
• Growth opportunities are limited by time
• You've proven consistent profitability
• You have savings runway (6+ months)

Scaling Your Side Hustle

Signs You're Ready to Grow

• Spending all free time on business
• Consistent monthly profit
• Clear growth opportunity
• Good systems in place
• Can't keep up with demand

Steps to Scale

1. Formalize business structure (LLC if not already)
2. Open dedicated business accounts
3. Invest in tools (software, equipment)
4. Consider help (prep services, VAs)
5. Expand channels (new platforms, own website)

When to Outsource

Many growing side hustlers eventually outsource fulfillment. A 3PL like 3PLGuys can handle:

• Receiving and storing inventory
• Packing orders
• Shipping
• Returns

This frees you to focus on sourcing and growing.

The Side Hustle Tax Checklist

Getting Started

1. ☐ Decide if you're a business (profit intent + regularity)
2. ☐ Register with your state
3. ☐ Get EIN (optional for sole prop)
4. ☐ Get resale certificate
5. ☐ Open business bank account

Ongoing

1. ☐ Track all income and expenses
2. ☐ Keep receipts
3. ☐ File required returns
4. ☐ Make estimated tax payments (if needed)
5. ☐ Review at year-end

Take Your Side Hustle Seriously

If you're regularly reselling for profit, treat it like a business. Get your resale certificate and start saving on inventory purchases.

Apply for Your Resale Certificate →

Questions about turning your side hustle into a real business? Contact us for guidance.