Intent is key here. If you genuinely intended to purchase something for your own use, or as an investment then your into CGT, if you clearly bought for resale then is trading.
Patterns are often key, if you buy 1 painting there is no pattern, you saying I bought it but quickly changed my mind will probably fly if there is no trend of you doing that.
If you have a history of buying paintings and listing/selling almost immediately afterwards HMRC are likely to say "yeah right" to your protestations of not intending to flip it.
This is where the whole intent thing can get tricky. One of the insane things I do is I seek out the cleanest copies of out-of-print CDs of titles I want. The problem is that used CDs not as described a lot, and when buying from certain marketplaces, you have to return the item on your dime in case of a dispute. I've lately been buying Japanese CDs, from Japan -- too expensive to return, and too expensive to buy and have shipped one by one. So I would buy a few copies of the same title and have them shipped together. Then I pick out good copies and list the ones that don't meet my standards for sale. The
intent surely isn't to re-sell for profit; the
intent is to
buy a few good copies for my personal collection and personal use and let go of the bad apples because I have no use for them and recuperate as much as I can (because each CD adds to shipping cost, plus there's handling for the guy in Japan who accepts all CDs from disparate sellers and then sends them all to me in a single package).
And another situation is where I have a less-than-ideal copy from earlier, "upgrade" it by buying a better one, and then once the "upgrade" arrives, sell the old one.
Where would I even begin explaining the intent to HMRC? I know this is not a normal scenario on this planet, but it's not an imaginary one. And the impact of that on my bank account has prompted me to sell off even some of the copies that I bought as "upgrades" (which even further make it look like a flip-job).
Maybe the key ingredient here is that the
intent is to
buy good copies for personal use, but due to how the used CD thing works, I know that some will be in inferior condition to what I'm lead to believe by the seller, that is not fit for [my] purpose, and I'm prepared to deal with that by selling the bad ones. Sort of like what I see on Guitar forums: people take a chance on guitar sold on eBay and go into it "it's just 1,500 quid -- if it's not good, I'll sell it". Instead, a CD doesn't cost 1,500 quid, so I buy them in greater quantities... So I wonder what HMRC would think about that....