Shipnovo

Business or private selling on eBay: risk check

When are you considered a business seller on eBay? Check typical indicators with this non-binding checklist. It only indicates whether a closer review is needed; it does not determine your legal status. No registration required.

Guidance · not a legal status

Little reason for a more detailed review

Based on the selected answers, this editorial checklist shows few of the listed indicators for review.

This traffic-light indicator is an editorial prioritisation of typical indicators for review. It is neither a statutory threshold nor a probability.

This tool is a non-binding self-assessment. Courts decide on a case-by-case basis. It does not establish any legal status. Not legal or tax advice.

This check provides general information and typical risk factors. It does not provide a binding legal classification of your individual case and is not a substitute for legal or tax advice.

Organise orders and shipping with Shipnovo.

Organise shipping for your eBay business

14 days free, no payment details required.

What applies to your selling activity?

Select all statements that apply. The assessment updates immediately.

Regular sourcing for resale may be more indicative of planned selling activity than occasionally selling your own belongings. CJEU criteria for the overall assessment.

Many identical or new products may indicate an inventory of goods rather than clearing out your own household. CJEU criteria for the overall assessment.

Organised activity intended to continue over time may be relevant to the overall assessment. CJEU criteria for the overall assessment.

A professional presentation can be an indicator; individual characteristics alone do not determine your status. CJEU criteria for the overall assessment.

What the traffic light indicates

The traffic light only classifies how many of the four characteristics you selected this editorial checklist flags for closer review. Zero characteristics means low, one means medium and two or more means high review priority. This is not a legal threshold, a statement of probability or a verdict on whether you are acting privately or commercially.

The Court of Justice of the European Union has clarified that classification as a “trader” does not follow solely from a particular number of online advertisements. An overall assessment of the circumstances is decisive; the factors mentioned in the judgment are not a rigid checklist. CJEU, Kamenova judgment, C-105/17, particularly paragraphs 37–40. Source checked on 15 October 2026.

Three different questions

Entrepreneur status under § 14 BGB

§ 14 BGB defines an entrepreneur as a person who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity. This check does not make an individual determination on this matter. § 14 BGB. Source checked on 15 October 2026.

Income from a trade or business under § 15 EStG

Income tax law has its own definition of income from a trade or business. § 15(2) EStG lists, among other things, independence, sustained activity, an intention to make a profit and participation in general economic activity. The tax assessment is not equivalent to the civil-law definition of an entrepreneur. § 15 EStG. Source checked on 15 October 2026.

Platform reporting under § 4 PStTG

§ 4 PStTG governs when a seller registered on the platform is considered a reportable seller. The platform operator is not that seller; it reports the data. The exemption for certain sales of goods involving fewer than 30 transactions and less than 2,000 euros is a reporting exemption. It does not determine whether sales are commercial. § 4(1), (2), (5) and (6) PStTG. Source checked on 15 October 2026.

About the four review indicators

Buying goods specifically for resale, repeatedly offering similar or new goods, sustained or systematic activity and a businesslike presentation can provide indications in an overall assessment. No single indicator, nor the number of checked answers, determines legal status. The CJEU's Kamenova judgment requires consideration of the specific circumstances.

Sources and date checked

Sources and review dates

All values come from the official pages below. We review them regularly and show the date of the last review.

Common questions

Read more