patrick_g
Elite Member
rvaitor said:I'm sorry to say - I am confused by this IRS stuff and buying things that the IRS wants to tax you on. What kind of tax are you talking about and what are they auditing you for? In my state there is sales tax and some things are subject to tax with a farm number and others are not -- a bushhog is not considered non-taxable for instance.
What if I buy and sell equipment? Is it taxable then( I claim the gain but don't pay sales tax)? We primarily have a timber farm but have been producing some hay for the last few years. I just want to avoid scrutiny - I'm not depreciating the equipment but I do expense some of my cost associated with travel etc against my eqmt gains.
Thanks
RVAITOR, I hope I didn't confuse you too much. There are two separate ways to get in trouble that I mentioned (and a lot that I didn't.) IRS can smell a hobby farm from miles away up wind in a rainstorm. Wishful thinking or lame claims of what you thought was OK don't impress them.
A "farm tax number" to avoid paying sales tax on certain items used in agriculture is a heavily abused thing. Folks get carried away and abuse it. Why? Because they can. It gets treated like a discount that is owed you because you are you and certainly special and not subject to the laws of man like mere mortals. If you keep it up long enough you may be in for a nasty surprise. Most farm stores know what can and can not be bought tax free. Because the item qualifies to be on the list and can be sold tax free to the holder of a tax number does not make that particular use a legal act. the stuff you buy must qualify and YOUR USE of that stuff must qualify.
An example: You buy a gal of 10% Permethrin for $50 and don't pay the tax. (You save $4-$5) if you put the chemical in a cattle rub for cattle that are in agricultural productioin not pets on a hobbyu farm then OK fine. If you use it to spray your inlaws house for bugs you are in a technical violation. This is one of those fine areas that isn't monitored too closely. I buy Permethrin by the gal and some of it is sprayed on clothing to tick proof it. The clothes are then worn in agricultural activities intended to make a profit. All is fine. Then I wear the clothes on a picnic to avoid chiggers and it is a technical violation as the use of the tax free goods (Permethrin) is not in agricultural production.Other examples of egregious abuse can be sited. Off road diesel with no road tax and no sales tax (thanks to tax number) ends up in lots of on-road trucks. Every so often someone is crucified in public then drawn and quartered as an example. This is a federal tax violation as well as a state sales tax violatioin. Remember what Al Capone went to jail for? TAX EVASION!
I doubt anyone is going to jail for a minor transgression but if the records show a pattern of abuse you are asking for trouble. Stores like TSC send you a printout at the end of the year detailing all your taxed and not taxed purchases. I personally would not bet that a tax investigator couldn't access those records electronically or even "mine" the records for likely abuses.
Pat