The lawyer named the distinguishing features of one-time sales from business
When selling personal items, the tax authorities evaluate the nature of the transactions. Ilya Vasilchuk, a judicial lawyer, an expert on the security of electronic transactions and real estate transactions, and a public figure, told Izvestia on July 3.
According to him, one-time sales, as a rule, are considered as the usual disposal of one's own property, whereas systematic resale can be recognized as an entrepreneurial activity with appropriate tax consequences.
"At the same time, the lack of profit does not always matter: even selling at a loss with signs of business can be considered as entrepreneurial activity. If the item is sold for less than it was bought, the tax does not arise, since there is no income," the expert explained.
Supporting documents play an important role, Vasilchuk clarifies. Receipts and contracts allow you to fix the initial expenses and reduce the tax base. In their absence, a citizen has the right to use a property deduction of up to 250 thousand rubles, which applies to all property sales for the year in aggregate.
In addition, the lawyer noted that personal property includes items purchased for household and personal use, and not for commercial activities. These can be furniture, household appliances, electronics, clothing, interior items, as well as collectibles, including coins, paintings, and antiques. The key factor is the purpose of the purchase — for your own use, not for resale.
Lawyer, head of the Avanti Law House Nadezhda Borzenko said on the same day that income from the sale of other property owned for more than three years is exempt from taxation. Such property includes, in particular, furniture, household appliances, electronics, clothing and other items purchased for personal use. In this case, the citizen does not need to pay personal income tax or submit a 3-personal income tax declaration.
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