Hmrc - ebay/airbnb/vinted etc new rules - 1st Jan 2024

That particular quote doesn't specify whether it's calendar or tax year, and January 1, 2024 is not mentioned either - so it could technically be tax year. They did say "calendar year" somewhere else, so the fact they're not saying "calendar year" in this sentence, could mean something. Just reading the text, it does sound like it's gotta be calendar year, but given that tax reporting is usually done before the end of January, and it's for the previous tax year, I fear that eBay might've simply made a mistake presenting this info on the page.

Here's a situation that makes me worried eBay's wording might be misleading: when you have return (and the same with dispute case deadline), eBay says you have to return an item before 15 January. Actually, what they mean is before the end of 15 January. Ie, not before 15 Jan 00:00, but before 15 Jan 23:59.

Agreed. The way I read it is that any sales made during 2024 will be disclosed to HMRC every January starting 2025 if they are over £1000 or more that 30 transactions.

I didn't realize the ebay blurb I quoted had already been discussed. My apologies
 
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From Ebay's website:

What you need to know

As a UK resident, when you sell over €2000 or surpass 30 sales transactions within a calendar year, eBay is obliged to report certain personal or business information to HMRC in accordance with the UK digital sales reporting legislation. Starting January 2025, the prior year's information will be annually reported to HMRC each January and a copy of the reported data will be provided to you. When prompted to do so, please provide eBay the requested tax identification information specific to you as a business or individual. UK digital sales reporting requirements do not change your existing tax obligations or create new tax obligations for you. To find out about your tax obligations, please reach out to HMRC or a tax advisor.
I suspect the frequency of sales data reporting will vary across platforms, but that seems to be what Ebay are doing.

Good find.
 
That particular quote doesn't specify whether it's calendar or tax year, and January 1, 2024 is not mentioned either - so it could technically be tax year. They did say "calendar year" somewhere else, so the fact they're not saying "calendar year" in this sentence, could mean something. Just reading the text, it does sound like it's gotta be calendar year, but given that tax reporting is usually done before the end of January, and it's for the previous tax year, I fear that eBay might've simply made a mistake presenting this info on the page.

Here's a situation that makes me worried eBay's wording might be misleading: when you have return (and the same with dispute case deadline), eBay says you have to return an item before 15 January. Actually, what they mean is before the end of 15 January. Ie, not before 15 Jan 00:00, but before 15 Jan 23:59.


Well it specifically says at the start of the article that the whole new thing is from Jan 2024. It's very clear to me that they will be reporting January to January

Also, that "before" thing you mentioned is what I would expect. Almost everywhere saying "before" a date would include that date. Same with expiry dates for gift cards/codes etc - they generally expire the day of and not the day before the expiry date stated.
 
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I am holding judgement personally on when HMRC will want reporting for. Its a bit of a balance they need to strike here.

For individuals just about everything works on tax year and not a strange almost end of calendar one. Apart from Self assessment.

A high percentage of companies work on calendar year for their accounting year.

But then I also think, HMRC aren't going to trawl through the data to use it as such, thats your job, so they may just apportion the data when it arrives in order to trigger their letters.
 
I was planning of off-loading a good chunk of my RC car collection this year (about 20 cars worth between £150 and £2k each on eBay) and was worried about this new rule.

But checked with accountant and he said no need to worry about this new rule as I'd be selling personal possessions that weren't purchased specifically to be sold.

So happy days
You sure about that?
 
I was planning of off-loading a good chunk of my RC car collection this year (about 20 cars worth between £150 and £2k each on eBay) and was worried about this new rule.

But checked with accountant and he said no need to worry about this new rule as I'd be selling personal possessions that weren't purchased specifically to be sold.

So happy days
Technically, the problem -- ie what is different from pre-2024 -- is that now you will have to go and complete a self-assessment. And then HMRC might follow up on it asking you to prove things.
 
You sure about that?
Technically, the problem -- ie what is different from pre-2024 -- is that now you will have to go and complete a self-assessment. And then HMRC might follow up on it asking you to prove things.
I'm not an income tax expert but I can't see any requirement to effectively do a nil return if you have no trading income? HMRC could conceivably get in touch to query why you had not filed a return and the onus would then be on the taxpayer to demonstrate they were not trading.
 
I'm not an income tax expert but I can't see any requirement to effectively do a nil return if you have no trading income? HMRC could conceivably get in touch to query why you had not filed a return and the onus would then be on the taxpayer to demonstrate they were not trading.

Your right generally. There was kind of a soft rule that if no tax is due, no return is needed.
Its not exactly a formal rule and some other specific rules can kick in as well.

Eg with self assessment you still need to do a declaration in effect even in the answer is very much, just the same as my P45 for example.
 
I'm not an income tax expert but I can't see any requirement to effectively do a nil return if you have no trading income? HMRC could conceivably get in touch to query why you had not filed a return and the onus would then be on the taxpayer to demonstrate they were not trading.
How would you prove you're not trading?
 
By showing the opposite to which you’d show to prove you were trading.

It’s funny but nobody seems to be able to say where the boundary is for busy something for a hobby, only to sell it to finance another purchase for the hobby.

Seems any sale is seen as trading..
 
It’s funny but nobody seems to be able to say where the boundary is for busy something for a hobby, only to sell it to finance another purchase for the hobby.

Seems any sale is seen as trading..

It‘s actually not too hard to explain, but I charge for that type of thing.

What I said is exactly what I would do to prove non-trading. I’m just not going into detail, but if you want to do your own research find the badges of trade on HMRC manuals and you’re most of the way to getting all the detail.
 
It’s funny but nobody seems to be able to say where the boundary is for busy something for a hobby, only to sell it to finance another purchase for the hobby.
Exactly. It's as if this kind of activity is weird, totally abnormal. Sure, it's not normal to most "normal" people, but most "normal" people don't sell anything either. The law governs sales activity, not every day life of "normal" people, and so they have to factor in the fact that some people sell as a way to move on to the next thing. Funnily, on When you may need to pay tax for selling goods or services online page, the hobbyist is misrepresented as a person who seeks to make profit in the course of their hobby -- see "The model car collector".

The way HMRC talks about what is a trade and what is not on a common folk level is makes it look like there's very little that counts as non-trade. Out of all examples given to the common folk as a quick guide at When you may need to pay tax for selling goods or services online, only one is non-trade. And that's "clearing out the attic". The problem with that is that most people don't sell things just because they're junk and they're taking up valuable space. In that case, people just throw that stuff away. The amount of effort required to list and deal with a sale is far more than what you get for the junk, so most people with lives to live wouldn't bother.

But none of the examples touch on the situation where someone is selling crap because they no longer need it and want their money back. Money doesn't grow on trees - if I no longer need an item, and if it's worth a decent amount of money, I'll sell it, and you best believe I'll sell it for the market value and not for pennies, because pennies are not worth the effort.

None of the examples presented on that page describe a scenario similar to this. In not doing so, willingly or unwillingly, HMRC is setting a very low baseline for trade activity in the eyes of the common folk. If you're an accountant, or once you start reading further, you of course know that this is non-trade. But by not expressing that clearly to the common folk on that page, HMRC is effectively making this more a slippery slope than it needs to be.

If anything, it's offensive to me as a tax payer: they aren't courteous enough to publicly acknowledge that wanting to get your money back for personal stuff you no longer need is your right. Maybe the folks at Downing Street don't need to worry about money and can afford to let bygones be bygones, but to me, every penny counts, and if I can get back money I've spent in the past, I have to do it.

Sure, it's covered by the capital gains thing, but it's not included in any of the examples that they've written for the common folk. The barrier to understanding the whole capital gains thing is a little higher than what the common folk can grasp without help.

The taxman should enter the 21st century. So far, they're only catching up with the 21st century in the online sales department, which is normally viewed as trade activity first and foremost, and only then there's a notion that "oh yeah, I almost forgot: a very small percentage of population will sell things as non-trade very occasionally. 1000 quid threshold will cover every non-trader's wildest dreams". But what they fail to take into consideration: it's super easy to buy things in this day and age, things you don't need -- and when it comes to selling unwanted stuff you've bought, then things start to look unbalanced... Many barriers to buying are gone: you ain't gotta travel anywhere to buy things (travel is extra effort = serves as a bit of a deterrent), everyone has an internet-accepted card (I had to put in some work to get my first online-capable card back in the day), there's hot photos to entice you to buy, next-day delivery, and things are available from remote places that you would've never bought from before... So people buy without trying first, without as little as seeing in-flesh first, often without even thinking first. For me personally, from my experience, online buying is unbalanced: I know that my itch ain't scratched until I actually hold the thing in my hands. A lot of times, I want something based on photos, I get excited about it, I build up the hype in my mind, but when I finally interact with the thing, that kind of puts in perspective and takes me back to reality, and I make a more informed decision, which is usually "I don't need it". Good when this is me traveling to the store; bad when this is me buying online. Unfortunately, in this day an age, with a lot of things, your only option is buying online. And again, there are so many factors that have made online buying super easy and accessible.
So it's super easy to buy without thinking, but then when you regret buying and want to sell things in order to get your money back (returns are not always available), then there's more potential hoops you may have to jump through. When I say it's easy to buy things, I mean that it's easy to buy a lot of stuff, but then getting rid of all that stuff to get your money back? You end up in the gray area where you have to worry about having to submit paperwork and prove things without having any clear idea about what exactly you need to have ready - in advance. It's like "we'll get in touch with you and we'll take it from there". And here comes uncertainty.

My point is: in this day and age, the whole trade vs non-trade should be defined with this whole online buying dynamic in mind, with "I bought too much shizzle I don't need, and I want to sell it to get my money back" dynamic in mind. Because, again, money don't grow on trees. I can't just throw my unwanted stuff away, or sell it for 1 quid a pop. I have to do everything I can to undo the mistake of an online shopping spree. And for that, there should be more info selling unwanted stuff and criteria on things should be more clearly defined.

I want transparency. As this whole online buying dynamic is automatically putting more people into the sales territory. The more you buy, the more you're going to be likely to sell unwanted stuff. And the more money you spend, the larger the amounts generated from selling unwanted stuff are going to be. So more and more common folk are going to be in the territory where they need to worry about all this -- hence the greater the need to make it easy and clear for people. And while I understand there's need to catch people who do business by selling and pretending to be a casual non-trader, that has to be balanced with the non-trade selling that's growing with the online buying thing. All I'm asking for is transparency so you can go and do the right thing from day 1. Because without it, if you're selling, you're in this gray area and are automatically assumed to be the dirty tradesman until proven not guilty. I resent that.

It shouldn't be that I fill out the form and then have to wait for them to follow up on it requesting who-knows-what more evidence or whatever (this uncertainty makes someone inexperienced in this area very anxious). The form should facilitate provision of all necessary evidence, and not by "upload anything relevant", but by specifying what exactly you need to upload depending on the answers provided to the previous questions. That would require fleshing out and clearly definining more of criteria. And that would be one step away from making that criteria public to people so they know what they're getting into before they get into it, and can either make an informed decision on whether, or start doing things by the book from day 1 so that comes the assessment day, they already have a bullet-proof case, and once they submit the form, that's where it ends 99.99% of the time, without waiting for a follow-up.
 
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I'm fairly familiar with these rules coming in, so happy to answer what I can if that would help - though not a tax person so can't help on what HMRC will do, how you'll be proving things etc. etc. :)
 
Question on the reporting threshold of 30 transactions/2000EUR... How do orders of multiple items count on eBay toward the 30 item threshold? For example, if someone, instead of buying 3 items separately (Buy It Now), instead places them into a basket and then Pays. eBay creates 1 order in such case (it would be 3 orders if the buyer were to Buy-It-Now each). So that's 1 order of 3 items. Is there any reliable info on whether that would count as 3 or 1 towards the 30?

eBay says it's "30 sales transactions", which is more ambiguous than would've been had they said either "30 orders" or "30 items sold".
 
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A colleague at work has just had his collar yanked by HMRC.

He has a static caravan on the east coast that he rents out (upwards of £700/week at times) and done it for a few years but never declared the income.

A friend just got collared for renting out her flat. She used an agent for a while and I guess their files finally were digitised and uploaded to HMRC and her name was in there. They want £37k :eek: I would imagine a lot of people have been caught this way.
 
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A friend just got collared for renting out her flat. She used an agent for a while and I guess their files finally were digitised and uploaded to HMRC and her name was in there. They want £37k :eek: I would imagine a lot of people have been caught this way.

If you owe 37k you definitely can't plead ignorance on that one.

Well. You can.. But it's not gonna land
 
Question on the reporting threshold of 30 transactions/2000EUR... How do orders of multiple items count on eBay toward the 30 item threshold? For example, if someone, instead of buying 3 items separately (Buy It Now), instead places them into a basket and then Pays. eBay creates 1 order in such case (it would be 3 orders if the buyer were to Buy-It-Now each). So that's 1 order of 3 items. Is there any reliable info on whether that would count as 3 or 1 towards the 30?

eBay says it's "30 sales transactions", which is more ambiguous than would've been had they said either "30 orders" or "30 items sold".
It's orders. Each order is transaction (whereas multiple items in a single order, is one transaction).
 
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