On eBay sell: private or commercial?

A commercial business is defined as a "permanent activity with the intention of making profit". Many eBay sellers are not addressed, even though they are already on the threshold of the commercial eBay seller status. Common Misconceptions:

• You are permanently employed and for that reason alone, no trader: This assumption is incorrect. Even if you are engaged in a main occupation, and only a eBay-in addition to merit, does not speak against a classification as a commercial seller.
• Also, for the dissolution and Sale of a private collection, you can be as a commercial seller classified.
• Self-Selling gift item can be a commercial activity.
• If you set only occasionally, some of the article, or once a batch of used products sold, it should have nothing to fear.

The overall look of your sales activities. Especially if several of the following criteria from the official motto of the Federal court are true, this speaks for a commercial trade:

• Your offers new mostly include, some even in original packaging. The temptation to buy a bargain in duplicate and sell a copy of to be profitable on eBay, you should therefore better reflect, at least if you want to private sell on eBay.
• You sell items on behalf of third parties. "I offer this article for a friend", therefore, is already particularly sensitive.
• You act otherwise for commercial purposes. In such cases the case law assumes that the eBay-are activities of a commercial nature.
• If you are an eBay Powerseller. The courts, then, always of a commercial activity.

On Thursday, the 04.10.2018 of the European court of justice (Az. C-105/17) taken due to a case of a woman from Bulgaria a new decision.

• As a result, a comparatively high number of sales is still no commercial activity to be equated.
• Instead, the courts case-by-case to decide whether it was a commercial activity.

With the new ruling, laid down by the European court of justice, new evidence, to identify the commercial seller to serve.

• Their sales run in a planned and regular basis, that is, you act profit-orientated.
• Your offer is focused on a limited number of Goods.
• In addition, their legal form and their technical skills in a process are taken into account.

If you are trading with a private seller account, even though you're a commercial dealer, save yourself first, spending and expenses. The danger that the blow, however, is the same as the damage:

• It arrears of income threaten to tax and trade tax.
• You can competition law (for a fee!) be warned.
• Against the commercial seller of a brand can be legal claims asserted.
• Commercial seller must give the right of revocation and rights of return and can't rule out the warranty completely.