Vintro Pro Knowledge base · Margin VAT by type of goods

Margin VAT on second-hand smartphones

Two things decide the answer here, and neither is written on the handset: who you bought from, and how far you go with the refurbishment.

Second-hand smartphones fall under the margin, if you bought them without VAT.

Yes

Second-hand smartphones fall under the margin scheme. A fleet purchase with VAT on the invoice does not, and in Belgium and France a heavy rebuild touches the renovated-goods line.

A used handset that still works is tangible movable property that can be used again. That clears the UK test in article 2 of the Value Added Tax (Special Provisions) Order 1995.

In this trade the stock comes from two very different channels: private individuals and corporate fleets. The first yields margin goods, the second often does not.

What UK law says about smartphones

Buy from a private individual and there is no VAT, so nothing to deduct. That is exactly the situation the margin scheme exists for.

Buy a fleet from a company with VAT on the invoice and it is an ordinary purchase: article 12(3) of the 1995 Order requires a purchase on which no VAT was chargeable, and gov.uk excludes any item you bought for which you were charged VAT. You sell those handsets with ordinary VAT on the full price.

Article 2 of the Value Added Tax (Special Provisions) Order 1995 defines second-hand goods as “tangible movable property that is suitable for further use as it is or after repair, other than motor cars, works of art, collectors’ items or antiques and other than precious metals and precious stones”. Article 12(2) opens the margin scheme to “works of art, antiques and collectors’ items” and “second-hand goods”.

That is the whole test, and it is a test about the goods, not about your trade. The power to charge VAT on the profit margin sits in section 50A of the VAT Act 1994, which also names motor vehicles separately. Article 12(3) of the 1995 Order adds the purchase side: you must have taken possession of the goods on a supply on which no VAT was chargeable, or on another margin-scheme sale. gov.uk (VAT margin schemes) puts it plainly: you cannot use a margin scheme for “any item you bought for which you were charged VAT”. Belgium, which follows the EU VAT Directive, keeps its own exclusion list: FPS Finance names new goods, precious metals, precious stones and pearls, renovated goods, goods consumed on first use and goods that cannot be used again in the same state, under article 58, § 4 of the Belgian VAT Code and Royal Decree no. 53 of 23 December 1994. The four-country panel below shows where that changes the answer.

Run the numbers on your own smartphones

The example is a second-hand smartphone: bought for €150.00, sold for €320.00. Put your own figures in.

Selling price€320.00
Purchase price€150.00
Margin€170.00
VAT due (×20/120)€28.33

Sold at a loss: no margin on this item, so no VAT. In the UK you work item by item: the loss counts as zero and gives you nothing back.

The VAT is inside the margin, not on top of it. That is the mistake this calculator is built to prevent: 20% on this example’s margin of 170 is 34.00, while in the UK you owe one-sixth, 28.33 — the 16.67% gov.uk quotes. At Belgium’s 21%, the same mistake turns €29.50 into €35.70. How to do this across a whole return period — and why France calculates piece by piece by law — is set out in How do you calculate margin VAT?

When smartphones fall outside the scheme after all

Replacing a screen or a battery is repair work, and that word sits in the definition of second-hand goods itself. The UK sets no renovation test: the parts stay out of the margin (gov.uk). In Belgium a handset rebuilt largely from new parts sits against the renovated-goods exclusion, and France treats it as a new product.

Handsets broken up for parts can stay in the UK scheme: HMRC lets you sell the parts under global accounting if each was worth less than £500 (VATMARG03300). Wiping data is a separate obligation that has nothing to do with VAT.

Selling a batch to another trader? In the UK the domestic reverse charge applies to mobile phones sold between businesses from £5,000 per invoice, but not to second-hand phones you sell under the margin scheme (HMRC, VAT Notice 735). In the Netherlands, supplies of mobile phones to other businesses of €10,000 or more (excluding VAT) per type of goods per supply are reverse-charged (Belastingdienst); that page does not say whether margin sales are covered.

The same piece, four countries

In the UK, whether smartphones fall under the scheme is a matter of UK law: HMRC runs its own margin schemes under section 50A of the VAT Act 1994. Belgium, the Netherlands and France all follow the same EU VAT Directive (2006/112/EC). Each country interprets the rules itself; where that makes a difference for smartphones, this page says so. The rate and the calculation method always differ.

Belgium 21% out of the margin

Margin across the whole return period. Article 58, § 4 VAT Code and RD no. 53.

Netherlands 21% out of the margin

Per period by default (global accounting, Uitvoeringsbesluit OB 1968, art. 4c(1)). You can opt out in writing to the inspector, for at least five years.

France 20% out of the margin

Legally piece by piece, but globalisation per period is allowed, with no prior election. CGI art. 297 A; BOFiP § 260.

United Kingdom One-sixth of the margin

HMRC’s own scheme, outside the EU. Below the registration threshold you pay nothing.

Each rate measured on 2 September 2026 at the government itself: FPS Finance, VAT rates (Belgium); Belastingdienst, Tarieven en vrijstellingen (Netherlands); impots.gouv.fr, Plusieurs taux de TVA (France, CGI art. 278); gov.uk, VAT margin schemes (UK, “You pay VAT at 16.67% (one-sixth) on the difference”).

Where it goes wrong with smartphones

Written on 8 September 2026, revised on 9 October 2026. The UK rule was read in the law text on 9 October 2026 on legislation.gov.uk: section 50A of the VAT Act 1994 and articles 2, 12 and 13 of the Value Added Tax (Special Provisions) Order 1995 (SI 1995/1268). The plain-language points come from gov.uk, VAT margin schemes, read the same day; VAT Notice 718 itself was withdrawn on 23 December 2021 and replaced by that guidance. Further UK points were checked on 7 October 2026 in HMRC’s VAT Margin Schemes manual. The Belgian scheme, the definition of second-hand goods and the exclusions were measured on 8 September 2026 at Belgium’s FPS Finance, Regeling van belastingheffing over de marge, which names article 58, § 4 of the Belgian VAT Code and Royal Decree no. 53 of 23 December 1994 as its basis. For works of art, collectors’ items and antiques only, the Belgian law of 19 December 2025, explained in circular 2026/C/14 of 13 January 2026, excludes pieces bought at a reduced rate from the margin scheme. It transposes article 316 of the EU VAT Directive as amended by Directive (EU) 2022/542; that EU text was checked on eur-lex.europa.eu on 7 October 2026. For ordinary second-hand goods the rule changes nothing. The Dutch and French points were checked on 7 October 2026 at the Belastingdienst and on bofip.impots.gouv.fr. The UK rules for each type of goods were read on 13 October 2026: on legislation.gov.uk, sections 21 and 50A of the VAT Act 1994, articles 2, 12 and 13 of SI 1995/1268 and article 8 of the Value Added Tax (Cars) Order 1992 (SI 1992/3122); on gov.uk, the margin-scheme guidance on second-hand vehicles, global accounting and houseboats and caravans, HMRC’s VAT Margin Schemes manual (VATMARG02100, 03100, 03300, 08100, 13650, 13750) and VAT Notice 701/21.

This is an explanation, not tax advice. Whether the margin scheme is the right choice in your case, and how to enter it in your return, is a question for your accountant.

Frequently asked questions

Other types of goods

The same question, a different kind of piece. The answer differs more often than you would expect.

Every type of goods at a glance

Read on

Your smartphones, kept apart from the rest

Every piece gets its own purchase price, selling price and scheme. Vintro Pro keeps margin goods separate from the rest and works out your margin per return period.

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