Selling your collection and the law?

Hello everyone

When I last looked at it and if my understanding is correct. You may sell a private collection without attracting any tax or other interests. This is provided you are not a trader or distributor.

The question has come up again! due to me helping my friend sell his (admittedly large) collection of models and my maybe over enthusiastic attempts to promote it :-( I have checked with my local tax office and they say its OK. I had an answer for HM Customs and they said it was OK. Yet still some insist on trying to upset me.

I think this could effect anyone trying to sell off their stuff, I personally like using the web to do this and have purchased loads of stuff that I might otherwise not be able to find.

Has anyone with a legal background got any comment?

Thanks for your help.

Reply to
Mike
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Brian

Thanks thats very informative.

If you take a look a few messages above you can see an ad I placed (summer sale) I have had no trouble from this news group but from another Yahoo one that says in its rules that ads are welcome from private or trade! I did one ad exactly like the one shown here and got a nasty letter from the owner, a public slagging off on the group then banned before I could defend myself!

I personally will not use ebay, and have found an occasional ad here to be very effective. For example when the Bachmann 37s were cut to just £40 post free, nearly all the interest came from this group.

Anyway I have decided that I will not post anymore here and keep to my own web site (that this groups members helped me set up) and my yahoo group.

Still I am minded to take some sort of action regarding deformation if I can be 110% sure I am doing nothing wrong. To that end I have contacted HM Customs and my tax office again to check.

Thanks for your input.

-- Kind regards from Mike West Sussex

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Reply to
Mike

So you admit that you are a trader, and you wonder why people get pissed off with you spamming the newsgroups?

E-Bay is for trading, newsgroups are for discussion!

HTH ( but I doubt it will)

Reply to
Fred

So you admit that you are a trader, and you wonder why people get pissed off with you spamming the newsgroups?

E-Bay is for trading, newsgroups are for discussion!

HTH ( but I doubt it will)

Fred, No how do you come by that?

I am not a trader! I do not make any money from any of the sales, my work mate (Both of us on the railway) is simply selling his collection built up over the years. How does that make either of us a trader? I do not understand this silly insistence that I am some sort of trader! I simply give Derek a Internet voice to help the sale along. I have never spammed (spam- mass mailing of unsolicited nature, repetitive offensive) I do check charters and group rules before posting a very modest ad, I have not posted a list type one for over a year. These accusations are plain daft, sorry if that offends.

Reply to
Mike

You said : "I think this could effect anyone trying to sell off their stuff, I personally like using the web to do this and have purchased loads of stuff that I might otherwise not be able to find." So you like using the web to sell *stuff*, and you have *purchased* loads of stuff.. Is that not trading?

I'm not surprised when you state: "Not only are the prices low but you can actually get a free loco!" Is this some sort buy one get one free thing?

Ok let's see, you created a web page just to sell trains.You created a Yahoo group ( nov 02 ) just to sell trains, and you state on your web page : " Note! Things are moving fast so please check with me for the most accurate listings. " If things are so fast, how come you still have so many trains??

On your Yahoo site you say : "Please note, this group is moderated to protect you from pea brain spammers who would otherwise pillage your e-mail address and bother you with their pointless rubbish."

I do check charters and group rules before posting a very modest

So you have been selling trains for over a year! and you are not a trader????

Reply to
Fred

Fred

There are many people who buy things via the web and they are not traders. A trader is someone who makes his living buy such activities. I have purchased a Lima van, a set of coaches and a few odds and ends, hardly trade in the true sense of the word. I don't know your location Fred, but if you wanted you could visit my mate and see why the sale has been going on for some time you could. I agree his collection was massive, he now needs to sell it for his own reasons.

The special offer is simply a way to thank those who buy more than one loco and so save Derek postage as he does not charge any!

Things do move quite fast, hence the request, also as I now run my own web site I don't want to disappoint so I ask that they check with me as I hold the main list.

I can't see why you find anything wrong with my attempt to protect my group members from spammers?

In addition to this, the group is not just about the sale, I have well over

150 members who contribute pictures and ideas about model railways.

As I said, not a single penny has been made by me as a result of this sale. The fact that it has been going a year is simply an indication of its size. But I say again. its private, come and see if you don't accept this!

Fred, does this answer your questions or not?

You said : "I think this could effect anyone trying to sell off their stuff, I personally like using the web to do this and have purchased loads of stuff that I might otherwise not be able to find." So you like using the web to sell *stuff*, and you have *purchased* loads of stuff.. Is that not trading?

I'm not surprised when you state: "Not only are the prices low but you can actually get a free loco!" Is this some sort buy one get one free thing?

Ok let's see, you created a web page just to sell trains.You created a Yahoo group ( nov 02 ) just to sell trains, and you state on your web page : " Note! Things are moving fast so please check with me for the most accurate listings. " If things are so fast, how come you still have so many trains??

On your Yahoo site you say : "Please note, this group is moderated to protect you from pea brain spammers who would otherwise pillage your e-mail address and bother you with their pointless rubbish."

I do check charters and group rules before posting a very modest

So you have been selling trains for over a year! and you are not a trader????

Reply to
Mike

Try * uk.legal * where the legal eagles hang-out............ If there is

*buying and selling* on a regular basis, I think that will then constitute *dealing*.... Colin.
Reply to
Colin Meredith

So you are better off without them.

:-)

Life's too short to volunteer yourself into litigation. Move on.

-- Brian "This isn't the longest day of the year: it just feels like it"

Reply to
Brian Watson

If you read my posting about the charter of this newsgroup, you would see that he is allowed to advertise whether he is a trader or not.

You may not like that, but it is the case.

Not all newsgroups are created equal.

-- Brian "This isn't the longest day of the year: it just feels like it"

Reply to
Brian Watson

It doesn't matter. Advertising is allowed in this newsgroup.

Or is this really just a pedantic argument about your (or his) definition of the word "trader"?

It's Sunday, it's a lovely day, move on.

-- Brian "This isn't the longest day of the year: it just feels like it"

Reply to
Brian Watson

"Brian Watson" wrote

Not wishing to extend this more than is necessary, but I would point out that the charter does place certain restrictions on the type and frequency of advertisements.

John.

Reply to
John Turner

My final words :-)

Brian, yes thanks time to move on.

Thanks for the tip of uk.legal I have posed my questions there and it would seem that I can not be defined as a trader! Thats me happy, dropping the subject now. Thanks for all your inputs.

Reply to
Mike

Apart from " UK.LEGAL " also contact your local Trading Standards Office for Verification in Writing.....!! Colin.

Reply to
Colin Meredith

Why bother to raise that aspect? I included all those conditions in my posting.

If the issue is "can he post adverts here?" the answer is "yes" and the conditions have been posted too.

-- Brian "Chuff! Chuff! Poot! Poot! A model railway exhibition can do that to a person"

Reply to
Brian Watson

Why on earth should he go to that trouble?

Just to satisfy a few Mr Grumpy's in URMR?

Huh!

-- Brian "Chuff! Chuff! Poot! Poot! A model railway exhibition can do that to a person"

Reply to
Brian Watson

In article , Mike writes

Excuse me for being pedantic, but there is actually a taxation issue. We are all liable for capital gains tax on our assets and I reckon our models should be treated as assets. CGT cracks in after about £7,000

*profit* in any one year, but the profit is discounted for inflation between acquisition and disposal.
Reply to
John Bishop

So it's "groundless argument" to say that if someone has been selling the same product for over a year, and they say that the product is selling fast yet they still have a large quantity to sell, they may be trading ?

I don't care about the man advertising, my argument is about being a trader.

It is not pedantic, there are clear issues .

It was Saturday and I had! You brought it into Sunday.

Reply to
Fred

I refer you to the sensible reply from Andy....... (Colin)

Reply to
Colin Meredith

This thread has gone on too long, but I wanted to add my 2 penn'orth. The word "trade" and its derivatives may have a specific legal meaning in the UK, but to me it implies a person or entity engaged in buying and reselling products on an ongoing basis, at a retail or wholesale level, with the the objective of making a monetary profit. This definition does not apply to most hobbyists and collectors who acquire items over a period of time, and occasionally dispose of ones that they no longer have use for. Although some items might sell for more than the purchase price, the prime objective is not usually to make a profit, and any money realised if often used to add new items to a collection. Even one- time disposal of a large collection is a one-way transaction which I would not regard as trading.

Of course, there are semantic grey areas, and some traders who try to deceive buyers by posing as private individuals. I applaud Mike's decision to create a website and, as far as I can tell, he has been open and honest in these discussions. I for one have no objection to him posting a short monthly message with a website link, per the group FAQ.

Reply to
MartinS

:-)

Doesn't everyone!

-- Brian "Chuff! Chuff! Poot! Poot! A model railway exhibition can do that to a person"

Reply to
Brian Watson

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