Private or commercial? Where the line runs
Selling the contents of your cellar is private. Buying job lots at auctions and reselling them is a trade. Between those two ends there is a grey zone – and it is worth knowing roughly where you stand before the question is asked by someone else.
General orientation, not legal or tax advice. In case of doubt, ask your IHK, your Gewerbeamt or a tax adviser.
What clearly counts as private
- You sell your own used things – outgrown clothes, toys, books, kitchen items.
- It happens occasionally, not as a routine.
- You are clearing out, not building stock.
- You are not making a profit in the business sense – you get less back than you once paid.
Signs that point towards a trade
- Buying to resell: goods purchased specifically to be sold on.
- New goods in the range, even cheap ones.
- Regularity: a stand at every market, month after month.
- Large collections sold off piece by piece over a long period – chambers of commerce explicitly name this as a case that can become commercial.
- Advertising, a shop-like appearance, sourcing on behalf of others.
What follows from being commercial
A trade has to be registered with the Gewerbeamt. At markets without formal designation, commercial stallholders additionally need a travelling trade licence (Reisegewerbekarte), which must be carried and shown on request. Tax obligations follow separately – income tax, possibly VAT unless the small business rule applies.
What it means for organizers
If you announce a purely private flea market, commercial sellers may not take part – the event would otherwise need a formal designation under the Trade Regulation Act. It is therefore sensible to state clearly in your announcement that the market is private, and to say so on the registration form.
Do I need a permit for a flea market? Setting prices at a flea market