New obligation to ebay sellers to finanzamet (subject to limits)

[Evel79]

I've been using Ebay for donkey's years both in the UK and Germany. Selling and buying. Selling sometimes to clear out with not a lot of money involved, but so when buying and selling to feed a hobby.

As a hobby photographer, I use these platforms fairly frequently to offload old gear, but also just to see if I like something and if not I'll sell on, or for a short period of time to use more expensive kit as a much cheaper way to rent. So, sometimes I might hold on to stuff for a few years, few months or even few weeks. Although I might make a profit occasionally, with one exception this is small change. Most often some you win some you lose.

Then I got hit by a notification I should submit my tax ID for provision to the Finanzamt due to the new limits of 30 sales per year or €2000+ in sales before Meldepflicht. Sales, not profit - which of course Ebay could not possibly know.

And it's true, in 2024, while I have sold less than 10 things. Few small things of low value and some old headphones for a couple hundred. But due to selling a camera and a lens, I am over over the 2000EUR limit by a few hundred. The most expensive thing was sold a week after buying it as I wanted to split the kit, keep some things and sell off the rest.

Now I really do want to have a clean-out, I feel I am stuck on all selling platforms as it's not just Ebay that has to report. Even my wife selling on all sorts of kids clothes, bikes etc. as they get older might not be caught foul of the financial limits but the number of items limit, so I can't just do this in her name - the obvious solution.

So now I am wondering how best to proceed. Do I even need to declare this to the Finanzamt? And as what? It's not income of any kind. As far as I am concerned, I am not engaged in a profit making business, and if I were the €200 profit I was surprised to make after selling on that camera again minus the stuff I kept should be capable of being offset by the €50 loss on the lens and from anything else. That 15 year old snowboard I plan to sell, easily a loss of €300+ if the original purchase price is what counts.

I don't intend to declare in my tax declaration. Let the Finanzamt come knocking. It's my own private stuff I'm selling. But I know even if the Finanzamt don't come knocking in 2025 - they could easily send me a letter 5 years later enquiring about "Gewerbliche" activity from 2024 - like they did my wife's undeclared interest on a foreign bank account 10 years after the fact... a more clear cut case!

But for now, I'm holding on to the more pricey things I'd actually like to sell this year until 2025. Which is mighty annoying. I'd actually rather like to try out some expensive used gear that could end up costing close to the €2k limit should I not get on with it or sell it later. But now I don't feel I can.

Anyone got any experience of how the Finanzamt have responded or acted in this situation. There are plenty of expensive hobbies out there that could be caught foul of the new rules!

[Bayrisch_Dude]

I don't intend to declare in my tax declaration. Let the Finanzamt come knocking. It's my own private stuff I'm selling.

I'm sure you know the phrase, "better to ask forgiveness than permission". This doesn't apply to the Finanzamt. Ignorance of any law is never an excuse. If you fail to declare income, they can and will send the lads with the lovely, non-furry bracelets round to have a wee chat. Don't play games with any tax office.

I do full well understand what you are on about. I do. You're making no money from selling old items. The problem has become due to the lax attitude or business model that eBay has become. More B2P than P2P, so the tax office is simply throwing a wide net.

To me, if I do the P2P on eBay there's no difference than a boot sale or Flohmarkt. None.... and I need not declare that, I don't think. Perhaps from a certain Euro amount or more, I reckon.

If I were in your situation and I will be in about 10 years time or less due to retirement and closing of my business, I would have a chat with a tax advisor. A good one is going to know a means of explaining these funds to the Finanzamt that will keep you from having to pay. But hiding it is not a solution. It can make the matter much, much worse.

[Eric7]

More info:

https://themen.kleinanzeigen.de/dac7/?u ... 7_20240613

[AlexTr]

Hey, Evelyn, any a-mount lenses? I'm in the market for 500mm and over.