Sell ​​on eBay: private or commercial?

On eBay you can sell both privately and commercially. The transitions are fluid. We will explain how you classify yourself correctly when registering.

Selling privately and commercially on eBay is not always clear

Commercial trading is defined as a "long-term activity with the intention of making a profit". Many eBay sellers do not feel attracted to this, even though they are already on the threshold of commercial eBay seller status. Common misconceptions:

• You are employed and therefore not a trader alone: ​​This assumption is incorrect. Even if you have a main job and only have an additional job on eBay, that does not speak against a classification as a commercial seller.
• You can also be classified as a commercial seller for dissolving and selling a private collection.
• Even selling gift items can be a commercial activity.
• If you only occasionally post a few items or sell a swing of used products once, you should have nothing to fear.

When an eBay trader is classified commercially

The overall view of your sales activities is always crucial. Especially if several of the following criteria from the official principle of the Federal Court of Justice apply, this speaks for a commercial trade:

• Their offers mostly contain new goods, sometimes even in their original packaging. You should therefore better resist the temptation to buy a bargain twice and sell a copy profitably on eBay - at least if you want to sell privately on eBay.
• You sell items on behalf of third parties. "I am offering this article to a friend" is therefore particularly delicate.
• They also act commercially. In such cases, the case law assumes that eBay activities are also commercial in nature.
• They are eBay powersellers. The courts then always assume a commercial activity.

October 2018: New ECJ judgment

On Thursday, October 4th, 2018 the European Court of Justice (Az. C-105/17) took a new decision due to a case of a woman from Bulgaria.

• As a result, a comparatively high number of sales advertisements cannot yet be equated to any commercial activity.
• Instead, the courts should decide on a case-by-case basis whether it is a commercial activity.

New clues to identify commercial activities

With the new judgment, the European Court of Justice has also established new clues that serve to identify commercial sellers.

• Your sales are planned and regular, which means that you act in a profit-oriented manner.
• Your offer focuses on a limited number of goods.
• In addition, your legal form and your technical skills will be taken into account in a process.

Selling privately as a commercial seller: What can happen?

If you trade with a private seller account even though you are a commercial trader, you will save yourself time and effort. The risk that this will be exposed is just as great as the damage:

• There is a risk of additional payments of income and trade tax.
• They can be warned under competition law (subject to a fee!).
• Trademark claims can be asserted against commercial sellers.
• Commercial sellers must grant cancellation and return rights and cannot completely exclude the guarantee.

If you prefer to act as a commercial eBay seller right away, we will explain how you can officially become an eBay dealer.