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June 26, 2013 | 30,00 EUR | answered by Jan Wilking

I bought a few intangible/virtual goods from someone on the internet in the form of a used pin code, for example a Playstation network card. The original price at Sony is 50€. I bought them for 30€ each. Can I resell these codes on Ebay to make a little money?

There is no receipt or original invoice for these codes. If the tax office approaches me, what happens if I cannot provide them with invoices or receipts for this good?

Jan Wilking

Dear person seeking advice,

I am happy to answer your inquiry considering the circumstances you have described and your intentions as follows:

I must unfortunately advise against your plan.

Firstly, according to the terms of use for PSN cards, the resale of codes is prohibited (http://de.playstation.com/legal/detail/item224028/PSN-und-SEN-Cards-und-Gutschein-Codes/, under No. 5). There is therefore a risk that Sony may take action against the auctions.

Secondly, there is a risk that buyers may hold you liable if the codes do not work properly or if Sony does not accept the codes due to a violation of the terms of use. In addition to warranty claims, there is also the risk of criminal proceedings, especially if the codes come from an unreliable source (which I assume, since you have neither a receipt nor any other proof of purchase).

Lastly, you may actually encounter trouble with the tax authorities if you conduct the sale in a commercial manner (which is regularly assumed if a large number of similar items are sold) but cannot provide evidence of the purchase price.

In the end, it is to be feared that you will not make a profit with your planned approach, but may actually end up losing money. Therefore, you should refrain from this and instead use the codes yourself or give them to friends/acquaintances.

I hope this provides you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.

Please note that without knowledge of all circumstances, I am unable to give you a conclusive recommendation in the context of this initial consultation. If you wish for a final assessment of the situation, I recommend contacting a lawyer and discussing the matter with them after providing access to all documents.

Best regards