HMRC target Ebayers

You may have heard about HMRC targeting people carrying on a business on Ebay, or bootsales.  HMRC are always keen to collect additional tax and there is quite alot of case law on the subject.  These come under the heading of badges of trade, and like many decisions this is based on the balance of evidence so each of the points will have an impact on the end result.

Profit seeking motive

Is the ultimate objective to make a profit?  This largely relates to whether the transaction is primarily for personal use or to generate a profit to live on.

Number of transactions

An occasional foray into Ebay or Boot sales although making a little profit does not necessarily indicate a trade, however regular listings or attendances will be stronger evidence of trade, and this is probably the main area that HMRC will be targeting on.

Changes to the asset

If some goods are purchased and changed to make them more marketable for sale this once again is an indicator of a trade.  This could for example be cleaning, polishing or mending some goods as it is this process which generates the profit.

Time between purchase and sale

If the goods being sold have been in the back of the garage or loft for several years and the reason for the activity is to clear them out this is not deemed as a trade, but a speculative purchase at a boot sale which is sold the following week would be a strong indicator of trade.

These are a summary of the main criteria which may be of relevance to Boot Sale sellers and Ebayers but are not exclusive.  HMRC have stated they are going to target this area and they have the resources to do so in order to raise additional taxes.

For more detail including the relevant case law there is a good ACCA article on Badges of Trade.  The details above are only a summary of the main criteria, so seek professional advice before taking any steps based on the information shown. If you would like advice in this or other areas feel free to call.  Alastair Wood, AW Accounting, Gravesend – Accountants who “speak your language”