Ebay forces upgrade to Business due to new HMRC regulations

Hi All.

I've received an email from ebay forcing me to switch to business account due to the volume of my recent sales. Customer service explained that I exceeded £1800 in one month, so they act in line with new HMRC regulations. The email is a bit threatening: "We need you to make these changes to your account within the next 21 days. If you don’t, your selling privileges may be blocked. This includes listings ended and loss of selling history."

However, As I'm not ready to go business and I consider my increased activity as temporary, Customer Service advised that if reduce my sales volume, I can stay private. Has any of you passed through this process?

Also, what happensto your existing promo listings if you switch to business? Are they allowed to continue on promo terms and with 'no returns accepted' until they sell or end?

 

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Ebay forces upgrade to Business due to new HMRC regulations

Forget what eBay say, go by the law, which states if you buy (or make) to sell then you're operating as a business and should register as a business with HMRC. This also means you have to abide by consumer selling regulations and offer returns, a cancellation policy....etc.

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Ebay forces upgrade to Business due to new HMRC regulations

You currently have New Branded items for sale ... best to register as a Business Seller as advised by eBay if you wish to continue selling on their platform ... see for more details >

https://www.ebay.co.uk/help/policies/selling-policies/selling-practices-policy/business-seller-polic...

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Ebay forces upgrade to Business due to new HMRC regulations

There is no such thing as 'no returns accepted' for business sellers and it doesn't mean anything for private seller's if a buyer claims "not as described".

 

"Customer Service advised that if reduce my sales volume, I can stay private"

 

That's just CS getting it wrong again.

 

Once you hit the radar there is no turning back.

Message 3 of 185
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Ebay forces upgrade to Business due to new HMRC regulations

Clearly you are buying items to resell, i.e. you are a business.

 

Either do the decent thing and register as a business or stop selling.

Message 4 of 185
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Ebay forces upgrade to Business due to new HMRC regulations

Forget what eBay say, go by the law, which states if you buy (or make) to sell then you're operating as a business and should register as a business with HMRC. This also means you have to abide by consumer selling regulations and offer returns, a cancellation policy....etc.

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Ebay forces upgrade to Business due to new HMRC regulations

plpmr
Experienced Mentor

"As I'm not ready to go business" 

 

nothing to do with what you want.

 

Looking at your listings you are a business seller trading as a private seller in violation of eBay rules and the law.

 

You are also deliberately denying your buyers their rights by saying no returns and by having in your listings - 

Registered as a private seller

Thereby, consumer rights stemming from EU consumer protection law do not apply. eBay buyer protection still applies to most purchases.

 

 

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Ebay forces upgrade to Business due to new HMRC regulations

I wouldn't go by what CS told you, as a private seller you're no doubt getting free listings so are taking money away from eBay. They now know you're a business so not only are you taking listing fees away from ebay you're taking consumer rights away from your customers. Cutting down what you sell might look like you're trying to get around it all and would still get you closed down

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Ebay forces upgrade to Business due to new HMRC regulations

No no, I got a bunch of items to get rid of as one-off, not intending to buy more, hence my question.

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Ebay forces upgrade to Business due to new HMRC regulations

Please stop lying, you are doing yourself no favours.

 

You have sold 2600 items on Ebay.

 

Ebay and HMRC should have been onto you a long time ago.

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Ebay forces upgrade to Business due to new HMRC regulations

Yes, over 19 years, that's quite reasonable amount I guess?

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Ebay forces upgrade to Business due to new HMRC regulations

Looking at your listings selling mostly sportswear, brand new, good selection of footwear in different sizes. It's obvious, even to the untrained eye your buying to sell. Upgrade to business....ebay is going to pass on your sales figures to HMRC, a tax bill could be heading your way.

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Ebay forces upgrade to Business due to new HMRC regulations

I'm on self-assessment for years and I'm paying taxes for all my activities, so it's not about hiding from HMRC.

My question is, I used to sell small things from my collection mostly (getting rid of Hot Wheels cars, darkroom and photo items when I quit photography), unwanted items, etc. Selling new sportswear is a one-off for me, as I managed to get a bulk of items, so I consider this a temporary activity and once it's gone, it's gone.

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Ebay forces upgrade to Business due to new HMRC regulations

Might as well just accept you brought items to sell so that makes you a business, next Jan eBay will pass all this to the HMRC and if you have not declared this income then they will investigate you going back years. No excuse will stop eBay passing the info over. You can't say to them you're just selling your old shoes as they are all new and various sizes

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Ebay forces upgrade to Business due to new HMRC regulations

You really are living in fantasy land aren't you !!

 

"I managed to get a bulk of items"

 

You have approaching 500 feedbacks in the last year and given many Ebay users don't leave feedback your sales are obviously much higher.

 

I don't believe a word you are saying.

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Ebay forces upgrade to Business due to new HMRC regulations

No no, all taxes will be paid and I'm about to submit my file to HMRC as I do regularly, so not an issue.

 

My concern is ebay account purely, as I don't intend to remain doing business afterwards.

 

Also, do you remember what is happening to your existing listings when you switch to business?

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Ebay forces upgrade to Business due to new HMRC regulations

I would stop digging if i was you. As an ex civil servant working for the MoJ your one off bulk purchase of single item branded gear has set off alarm bells

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Ebay forces upgrade to Business due to new HMRC regulations

Selling new sportswear is a one-off for me, as I managed to get a bulk of items, so I consider this a temporary activity and once it's gone, it's gone.

 

You still bought items to resell. Making you a business.

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Ebay forces upgrade to Business due to new HMRC regulations

Luckily got all paperwork for this, so feeling safe. But thank you.

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Ebay forces upgrade to Business due to new HMRC regulations

At the end of the dayyou have to upgrade so you might as well just do it and see what happens, you will have to set up a return policy but you might be lucky and all your listings stay in place. At worse you will have to take out a shop at £32.40 a month. You won't be able to change it back to private after

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Ebay forces upgrade to Business due to new HMRC regulations

Some of the answers here have been discourteous, which is a shame.

 

The difficulty here, is that eBay are an international company that don't really concern themselves with the technicalities of UK law and taxes unless they are forced to.  eBay rules and guidelines about business sales aren't consistent, and the CS rep you spoke to won't know the ins and outs, and obviously can't give you legal advice.

 

This is the clearest guidance on eBay:

https://www.ebay.co.uk/help/policies/selling-policies/selling-practices-policy/business-seller-polic...

 

Business sellers are required to follow all government regulations, including registering as a business on eBay, and providing contact information and a return policy.

An eBay seller must register as a business if, for example, they sell items they have bought to resell, they make items in order to sell them, or if they buy items for their business.

 

Now, looking at the items you have for sale, it looks as if this would apply to you - that you are selling items you have bought to resell.

 

If so, then UK trading laws say you are already trading as a business - even if it's a tiny business, or not full-time, or doesn't make much money.   In practice, the only way you can meet the UK trading laws on eBay, is by registering as a business seller with eBay.  This takes care of your basic legal obligations as a business - like telling customers your trading address, and telling them they've got a legal right to return the trainers (or whatever) if they don't fit.

 

Also, and separately, UK tax laws say you need to declare your business earnings to HMRC, if your online takings are more than (I think) £1000 a year, so you can pay tax on your profits if you need to.  This hasn't changed.  But what has changed, is that the law/regulations now mean that eBay has to tell HMRC about how much you're earning.  So HMRC will know how much you've sold on eBay, and - if they want to - HMRC can easily send you a tax bill.  

 

I'm not saying they will - but if they do, they'll tell you how much they think you owe them in back taxes, and basically, it will be up to you to disprove it by providing accounts, and receipts for your business costs and expenses.  You might also be fined for not declaring your earnings in previous tax years - if this applies to you, which obviously I've no idea whether it does.

 

So you've got two problems, if you are running what HMRC would call a business - one, decide whether to carry on, and two, sort things out with the tax office.

 

Give it some thought before deciding what to do - if your business is actually doing well, it might be better to come clean and carry on!

*****************

Cesario, the Count's gentleman
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