Want to sell one car at a time, can I do it as long as I pay
Want to sell one car at a time, can I do it as long as I pay
Author
Discussion

Orgo5555

Original Poster:

5 posts

164 months

Monday 18th March 2013
quotequote all
Hi all,
I am interested in buying and selling one car at the time (so I always have only 2 cars on my name, one is my regular car) my question is, as long as I am paying the income tax normally as a sole trader/self employed do I need to register as a car dealer? Will the tax man/any government body will have a problem with me?

Thanks for your helpsmile

Gruber

6,313 posts

245 months

Monday 18th March 2013
quotequote all
Orgo5555 said:
Hi all,
I am interested in buying and selling one car at the time (so I always have only 2 cars on my name, one is my regular car) my question is, as long as I am paying the income tax normally as a sole trader/self employed do I need to register as a car dealer? Will the tax man/any government body will have a problem with me?

Thanks for your helpsmile
Look up "badges of trade" on the HMRC website. That'll give you an idea of how the tax man will view it. The more "badges" you rack up, the more likely they'll treat it as trading rather than a hobby.

And then you need to consider the point at which your buyers could start to rely on the Sale of Goods Act and other consumer protection nanny-state stuff.

Dr Interceptor

8,183 posts

227 months

Monday 18th March 2013
quotequote all
Technically, I think you're allowed to sell six cars a year before you'll flag up as a trader. However... (quoted from an old thread)

smartie said:
As far as HMRC are concerened, you are a trader if you buy car with the express intention of reselling to make a profit, be it 1 car a year or 10 a week.

Orgo5555

Original Poster:

5 posts

164 months

Monday 18th March 2013
quotequote all
Ok, thanks I understand, so you're saying that even if I pay every penny from profits I still need to be register as a dealer with all the insurance/red tape involved and also means that I can't buy the cars under my name?

Grenoble

59,895 posts

186 months

Monday 18th March 2013
quotequote all
What do you mean by "register as a dealer"?

Orgo5555

Original Poster:

5 posts

164 months

Monday 18th March 2013
quotequote all
Well I still don't understand that if I buy car and sell car, lets say it happens 20 times a year for example. As long as I am declaring all my profits and pay all the taxes for profit, do I need to do anything in addition? I.e, is there any difference tax man/legislation wise between me and any other sole trader like estate agent/consultant/advisor etc?

Grenoble

59,895 posts

186 months

Monday 18th March 2013
quotequote all
It's an unregulated industry.
By and sell as much as you want, there is no legal threshold for volume of cars. Keep your records, pay your tax.

Insurance, etc are separate issues that HMRC have no interest in.

As for trader insurance, liability insurance, and moving cars into your name - will depend on your appetite for risk.

The reality is if you are selling 2 cars a year that are in your name for a few £000 profit, then you will probably slip under the radar.

CDP

8,062 posts

285 months

Monday 18th March 2013
quotequote all
If treated as a trader from a profit point of view, what's the situation with regards to expenses (such as insurance, advertising etc), repairs/renovations etc? It's just with classics it might just be hard to break even?

Also where would you stand on the personal use aspect?

Looks like a minefield to me, especially from the personal liability point of view which make the tax aspects relatively easy.

Grenoble

59,895 posts

186 months

Monday 18th March 2013
quotequote all
It is a minefield.

Which is why we so so many underground "private" sellers selling 10-20 cars a year.

Orgo5555

Original Poster:

5 posts

164 months

Monday 18th March 2013
quotequote all
Thank you so much for your helpsmile

GreatGranny

9,519 posts

257 months

Monday 18th March 2013
quotequote all
Will you advertise yourself as a trader?

That in itself comes with hassles.

What happens if one of your cars has a major fault for its new owner and they want you to sort it quoting SOGA, court etc..?
Will you have the readies to fight it or sort it out?

Are you doing this to make money?
Will it be additional income?

A few threads appear on PH from people thinking of setting up as a trader and the general feedback is don't do it!

crazy about cars

4,454 posts

200 months

Monday 18th March 2013
quotequote all
Grenoble said:
It's an unregulated industry.
By and sell as much as you want, there is no legal threshold for volume of cars. Keep your records, pay your tax.

Insurance, etc are separate issues that HMRC have no interest in.

As for trader insurance, liability insurance, and moving cars into your name - will depend on your appetite for risk.

The reality is if you are selling 2 cars a year that are in your name for a few £000 profit, then you will probably slip under the radar.
This, as long as everything is declared (income) and you have a reasonably low turnover it should be fine. Although you cannot claim VAT and other expenses etc unless you are VAT registered.

lestershaw

1,591 posts

189 months

Monday 18th March 2013
quotequote all
does this mean
that if i am going to sell my current car, and i know i am going to make a big loss, that i can setup as a business and put my losses against any future car profit if i was going to sell cars for a part time job?

crazy about cars

4,454 posts

200 months

Monday 18th March 2013
quotequote all
lestershaw said:
does this mean
that if i am going to sell my current car, and i know i am going to make a big loss, that i can setup as a business and put my losses against any future car profit if i was going to sell cars for a part time job?
It's not that straight forward I'm afraid smile If you are a sole trader and you consistently post losses while claiming back from VAT etc you will most probably be investigated by the tax man.

Grenoble

59,895 posts

186 months

Monday 18th March 2013
quotequote all
lestershaw said:
does this mean
that if i am going to sell my current car, and i know i am going to make a big loss, that i can setup as a business and put my losses against any future car profit if i was going to sell cars for a part time job?
HMRC might be interested in your gift of a car to the business?

lestershaw

1,591 posts

189 months

Monday 18th March 2013
quotequote all
thats why im not in business ;-)

CDP

8,062 posts

285 months

Monday 18th March 2013
quotequote all
crazy about cars said:
This, as long as everything is declared (income) and you have a reasonably low turnover it should be fine. Although you cannot claim VAT and other expenses etc unless you are VAT registered.
I'd be surprised if you couldn't claim genuine expenses such as advertising, administrative, insurance and preparation against the tax you pay on the cars; it should be just standard accounting practices. Where the line is drawn between personal use and preparation for sale is will be a little trickier but I'm sure there will be guidelines for it. VAT registration is a completely separate issue and down to turn over but compulsory if it reaches somewhere around £56K; the correct figure is on the HMRC website.

If you are serious a couple of hours with your local accountant will be money well spent and would almost certainly save you many times their fee.