HMRC's Badges of Trade Explained
HMRC looks at several factors (badges of trade) to determine if you’re trading. Your profit motive is key, are you selling specifically to make money?
The frequency of transactions matters significantly. Occasional sales suggest casual selling, while regular weekly sales point to trading.
How long you owned the items before selling them is considered too. Selling a dress you’ve had for years differs from buying something and flipping it a week later.
I once helped a client who’d been selling her old designer clothes. When she started buying charity shop items to resell, HMRC classified her as trading despite selling fewer than 30 items monthly.
HMRC also considers if you’re making modifications to items before selling them. Upcycling vintage clothes or making repairs to increase value suggests trading activity.
Selling services online, such as offering freelance work or digital products through platforms, can also be considered trading. Providing a paid for service may trigger tax obligations and require you to register for Self Assessment if your earnings exceed certain thresholds.
Sales Data and Reporting: What Depop Sellers Need to Know
If you sell on Depop, it’s important to be aware of the new sales data and reporting requirements that came into effect in January 2025.
Under these new rules, online platforms like Depop are now legally required to share sales data with HMRC for users who have sold at least 30 items or earned roughly £1,700 in a tax year.
This new process is designed to help HMRC ensure that online sellers are meeting their tax responsibilities and paying the correct amount of income tax.
If you reach this threshold, Depop will notify you that your sales data is being shared with HMRC. While this doesn’t automatically mean you’ll need to pay tax or complete a tax return, it does mean you should review your tax position carefully.
If you’re trading or providing services online, whether that’s selling goods, offering a service, or letting out a holiday home, you may need to register for Self Assessment and pay income tax on your profits.
To work out if you need to complete a Self Assessment tax return, consider your total income from all online sales, including any profit from selling unwanted items online.
Remember, the £1,000 trading allowance applies across all your online selling activities, not just Depop. If your total income from trading or providing services online exceeds this allowance in a tax year, you may need to register for Self Assessment and pay tax on your profits.
It’s essential to keep accurate records of your sales and any expenses you can deduct, such as platform fees, postage, and packaging. This will make it easier to complete a tax return if required and ensure you only pay tax on your actual profits.
HMRC provides clear guidance on GOV.UK, and you can use the HMRC app or their online tools to check your tax obligations. If you’re unsure, you can always contact HMRC directly for detailed guidance.
These new legal obligations are part of a wider effort to make tax rules around online selling clearer and to help online sellers avoid unexpected tax bills or a tax investigation.
By understanding the reporting requirements and your responsibilities, you can confidently sell unwanted items online or provide services online, knowing you’re meeting your legal obligations.
In summary, if you sell goods or services through Depop or any other online platform, make sure you’re aware of the new reporting requirements, keep good records, and check whether you need to register for Self Assessment and pay income tax.
Staying informed and organised will help you comply with the law and avoid any surprises when it comes to your tax return.