Second-hand sale: what the law says

From March 31, 2023, Vinted users who sell more than 30 items per year or for a total of more than €2,000 will have to justify their activities. The opportunity to make a quick reminder of the legal provisions surrounding the sale on this type of platform.

For a few years now, the second-hand sale market has been seducing. According to a investigation carried out by various players in the sector in Belgium, nearly a third of Walloon individuals used the practice between July 2021 and June 2022. Of which 26.5% out of “financial necessity”. Given the current economic context, there is also a good chance that this number is now on the rise. However, if the number of followers of second-hand buying and selling is increasing, it is also linked to the proliferation of platforms.

Vinted, Facebook Marketplace, 2ememain.be… There are countless possibilities. Everything is made easier, both for buyers and resellers. But beware ! Because if the idea of ​​taking advantage of the system to make some profit crosses your mind, know that there are some rules to follow.

According to the intentions

On paper, anyone can resell their second-hand goods. According to Florence Angelici, the spokesperson for the SPF Finances interviewed by the newspaper The Echo in 2022, the income from these sales “are considered as income resulting from the normal management of private assets and therefore not taxable”. Only exception, « if goods are purchased with a view to reselling them, the resulting income constitutes taxable income, either as miscellaneous income or as professional income..

In other words, occasional sellers are safe, but not others. Thus, anyone who intends to take advantage of the purchase-resale to earn regular income must submit to some formalities. Concretely, the new legislation obliges resale platforms like Vinted to provide a list of sellers who meet certain selection criteria. Do not panic, however, since the FPS Finances then only targets people suspected of fraud, depending on their activity on the platform.

To be clear, it is the intention behind the sale that the authorities are interested in. In their sights, those who engage in purchase-resale for the sole purpose of making a profit. In Belgium, miscellaneous income is taxed at 33%. If you exceed 30 sales per year or €2,000 in profits on Vinted, you land on this list. Again, don’t panic if this is the case, since it just means that the taxman is likely to ask you for an explanation. Not necessarily that you will be taxed.

Note that the platforms will provide the first list of sellers concerned from January 2024.

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