Is selling used clothes online taxed? The heated debate sparked by a young woman worried about ANAF

A young woman who sold clothes and second-hand products on an online platform fears that she will be forced to declare her income to ANAF, although she claims that she did not make a profit. His account sparked a heated debate on social media.

Sales of second-hand clothes can bring Romanians into the ANAF's sights. Source: Freepik.com

It claims that it did not make a profit, but only recovered part of the price paid for the items at the time of purchase.

“Do you declare your income to ANAF in Vinted? If so, from what amount? I ask because I would not like to receive a summons from ANAF”was the question that caused a stir on the Reddit platform.

Several users claimed that ANAF has no problem with occasional sales of personal goods, old phones, clothes, furniture or household appliances, as they do not come from a commercial activity.

Some Romanians invoked the Fiscal Code, which stipulates that the income obtained from the transfer of ownership of movable and immovable property from the personal patrimony is non-taxable, when they do not come from an economic activity.

“Why do I have to give something to the state when the t-shirt has become my personal property and I want to sell it on without it being a financial activity? I don't sell 100 t-shirts a month”wrote a Romanian, adding that the barter is impossible to control by the state.

“I think it's called bartering at this point, and bartering isn't taxed,” someone else wrote.

Another user explains that as a “first-time customer” the buyer already paid taxes to the state when they purchased the product

“When you spent 100 lei on a T-shirt, the store has already paid taxes to the state. It is not normal to charge a tax again on the same product”he adds.

Others recounted that they have been occasionally selling products on online platforms for years without ever being contacted by ANAF.

An Internet user reported that he sold in a single year over 100 books, a photo lens worth approximately 4,000 lei and other goods, exceeding the amount of 10,000 lei, but he was able to prove their provenance and the fact that there was no commercial purpose.

“If I had sold 30 photo lenses, the problem could be different,” he specified.

Some participants in the discussion drew attention to the fact that, in the absence of provenance documents and in the case of large amounts, ANAF could request additional explanations.

“If you wake up with something from ANAF, present the sales and prove that they are personal property,” one commenter explained.

Others poked fun at the situation:

“I sold 20 lei, am I in danger?”, joked a Romanian.

“There are people who steal millions and you think ANAF is looking for you for a few hundred lei?”another Romanian asked.

Incomes over 10,000 lei attract the attention of ANAF

According to the online sales platform, second-hand sales are tax-free. “You don't pay tax on second-hand sales. Don't worry: selling personal items on Vinted is tax-free, even if you make a profit”show the representatives of the platform.

However, there is a reporting threshold that can bring users to the attention of tax authorities. A European directive, known as DAC7, obliges online sales platforms to report to tax authorities information about users who sell goods or services through them.

Platforms must transmit data to ANAF if a user exceeds, in a calendar year, one of the following thresholds: more than 30 sales or receipts of more than 2,000 euros, the equivalent of approximately 10,000 lei. Reporting involves the transmission of information such as name, CNP and amounts collected and does not involve the automatic withholding or calculation of fees.

“If you meet the conditions, we will ask you to add a detail to a pre-filled form. For most people, the deadline is at the beginning of January, but in some cases you have more time. After you submit the form, we pass the information on to the authorities in the following year. You also receive a copy, and all data is encrypted and secure.”show the representatives of the platform.

They remind that if the form is not completed, the user's balance and sales will be blocked. “However, you can regain access at any time by submitting the form“, add the representatives of the platform.

DAC7 is a directive of the European Union that aims to combat tax evasion, but it does not concern the automatic taxation of second-hand sales. Coming to the attention of ANAF does not automatically equate to the establishment of fiscal obligations.

Recently, Cosmin Neculita, head of the Argeș Anti-Fraud Service, said that people who exceed the threshold of 10,000 lei from trade activities on online platforms can receive a compliance notice from the Tax Office to declare income and pay any taxes. The notification is a warning and not a tax decision, and the reported income is not automatically classified as income from economic activities.

“We inform them that they have been identified with refunds worth more than 10,000 lei, which may represent income from an economic activity. This threshold generates an informative notification, sent to notify them that, if they intend to continue or carry out an economic activity, they must be legally authorized, as PFA, SRL, etc.”said Neculita, according to Profit.ro.