Occasional Sales

Sections 63-3610, 63-3622K, 63-3622YY, Idaho Code 01. Occasional Seller. An occasional seller of tangible personal property will provide a written statement to the buyer if requested. (7-1-26) a. The written statement should include the following: (7-1-26) i. Seller’s name; (7-1-26) ii. Seller’s address; (7-1-26) iii. Date; (7-1-26) iv. Description of items sold; (7-1-26) v. A statement that the seller isn’t a retailer and has made no more than one (1) other sale of tangible personal property within the last twelve (12) months; and (7-1-26) vi. Seller’s signature. (7-1-26) b. The buyer will retain the seller’s statement as evidence that the purchase of tangible personal property isn’t subject to use tax. (7-1-26) c. Sales arranged by a third party are taxable. If any sales agent, licensed or unlicensed, participates in the sale of tangible personal property, the sale is taxable. (7-1-26) 02. Sales by a Business. Sale of assets or other tangible personal property by a business that requires a seller’s permit are excluded from the occasional sales exemption. Even when the item sold isn’t typically sold by the seller in the regular course of business, the sale is taxable unless another exemption applies. Example: A construction equipment dealership sells its office computer. Even though the seller does not normally sell computers, it collects sales tax on the sale of the computer as the computer is used in a business requiring a seller’s permit. (7-1-26) 03. Yard Sales. Yard sales include sales referred to as garage sales, moving sales, and other similar sales if the requirements of this section are met. (7-1-26) a. Tangible personal property may be sold exempt at a home yard sale if it meets the following requirements: (7-1-26) i. The sale lasts no more than a few days. (7-1-26) ii. The seller isn’t in the business of regularly selling the same or similar property as what is sold at the yard sale. (7-1-26) iii. The items offered for sale are not purchased for the purpose of reselling them. (7-1-26) iv. The items offered for sale are owned by the seller. (7-1-26) v. The sale is conducted at the seller’s home. (7-1-26) vi. The seller has no more than two (2) yard sales in a calendar year. (7-1-26) b. If two (2) or more sellers jointly hold a single yard sale, it counts as one (1) of the two (2) exempt yard sales for each seller participating. (7-1-26) IDAHO ADMINISTRATIVE CODE IDAPA 35.01.02 State Tax Commission Idaho Sales & Use Tax Administrative Rules Section 100 Page 55 04. Examples. Available at Sales and Use Tax Rules Examples. (7-1-26)