More and more people are using platforms like Wallapop to sell second-hand products. However, what many do not realize is that these transactions may have tax implications and affect their income tax return.

In this article, we analyze the legal framework governing these sales, explain when you need to declare them, which taxes apply, and what risks arise from incorrect tax management.

Do you have to declare what you sell on Wallapop?

The answer is: it depends.

Not all sales are subject to taxation, but there is an obligation to assess them from a tax perspective. The most common tax treatment for individuals selling used items is as a capital gain or loss.

In general, there are two main scenarios:

  • Sale at a loss: if you sell personal items for less than their purchase price (the most common case when selling second-hand goods) → a capital loss arises and it is not taxable.
  • Sale at a gain: if you sell an item for more than it cost you (common in collectibles, antiques, or items that have increased in value) → you obtain a gain and must declare it in the Personal Income Tax (PIT).

This gain is included in the savings tax base in your income tax return and taxed at the applicable rates (currently between 19% and 28%).

Important: it is essential to keep proof of purchase (invoices, receipts) to demonstrate the acquisition value in case of a request from the Tax Agency.

 

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Capital gains and losses: key in the income tax return

When you sell a product, the Tax Agency may consider that there is a capital gain or loss, calculated as:

Capital gain/loss = Transfer value – Acquisition value

  • Acquisition value: the price you originally paid for the asset, including expenses and taxes related to the purchase (such as VAT paid at the time).
  • Transfer value: the actual amount received from the sale, after deducting transaction-related expenses (for example, platform fees).

Most common cases

Sale with a capital loss

You sell for less than the purchase price due to use and consumption, and therefore you do not need to declare it in your income tax return. Examples:

  • Depreciating technology. You bought a high-end smartphone two years ago for €950. Now you sell it on Wallapop for €300 to buy a new model.
  • Household furniture. Five years ago you bought a sofa for €1,500. After moving, it no longer fits your new living room and you sell it for €400.
  • Sports equipment. You purchased a mountain bike for €700. After using it for several seasons, you sell it for €250 to upgrade to a higher-end model.

Sale with a capital gain

You sell at a higher price, and it must be declared in PIT as part of the savings tax base. Examples:

  • Collectibles. In the 1990s, you bought a video game for a classic console for the equivalent of €40. Over time, it has become highly sought after and you sell it for €250.
  • Luxury or limited-edition items. You bought exclusive limited-edition sneakers for €180. Due to high demand and limited availability, their value in the second-hand market has increased significantly. You sell them a year later for €500.

What happens if you sell regularly?

This is one of the most important points.

If the Tax Agency considers that you sell on a recurring basis and with profit intent, you may be carrying out an economic activity, which implies:

  • Registration in the Census of Entrepreneurs, Professionals and Withholders using form 036 or 037.
  • Registration in the Special Regime for Self-Employed Workers (RETA) of the Social Security system.
  • Invoicing obligations and bookkeeping requirements.
  • Filing quarterly VAT returns and PIT advance payments.

In other words, it ceases to be an occasional sale and becomes subject to business taxation.

New obligations: monitoring of digital platforms

In recent years, control mechanisms have been strengthened.

As established by the DAC7 Directive since January 2024, platforms such as Wallapop, Vinted, or Airbnb are required to report annually to the Tax Agency information about sellers who exceed certain thresholds:

  • Carry out more than 30 transactions in a year.
  • Earn income exceeding €2,000 in a year.

This reporting obligation allows the Administration to cross-check data and easily detect undeclared or incorrectly classified activities.

Risks of not declaring correctly

Failing to declare income or doing so incorrectly may lead to:

  • Tax audit procedures and additional assessments requiring unpaid tax.
  • Tax penalties, which may reach up to 150% of the undeclared tax.
  • Surcharges and late payment interest.

Therefore, it is essential to analyze each case and act in accordance with current regulations.

How does it affect companies and professionals?

Although this is more common among individuals, it may also affect:

  • Self-employed individuals selling through platforms.
  • Companies using marketplaces as an additional sales channel.

In these cases, taxation is clearer: income must be declared as business activity.

How we can help

At Adlanter, we help individuals, self-employed professionals, and companies understand their tax obligations and avoid unnecessary risks.

If you sell through digital platforms and have doubts about how to declare your income or whether your activity may be considered economic, our team can help you:

✔️ Analyze your specific case
✔️ Optimize your taxation
✔️ Comply with current regulations
✔️ Avoid penalties

Contact our experts and sell with peace of mind.

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