If you are a
small, micro or nano business affected by the changes to the
EU VAT system would you please fill in the anonymous survey form which
EU VAT Action
are using to gather evidence that the system is hurting such small
businesses, ready to present to the European Commission soon.
http://euvataction.org/take-action-now/complete-the-survey/
I'm not registered for VAT, so why does it matter to me?
The
new rules were brought in to prevent the widespread abuse of the VAT
system undertaken by huge online sellers, who were able to manipulate
their home country to take advantage of the country with the lowest VAT
rate.
The changes made now mean that VAT is
charged on digital products at the rate in force in the buyer's country,
not the seller's country.
As a principle it's not a bad one.
But, and it is a huge
BUT...
what has happened, and is continuing to happen, is that the very
smallest businesses, whose turnovers under UK's rules are below the
domestic VAT threshold of £81,000pa, have suddenly found that if they
sell any digital product outside the UK but within the EU,
and that even means an item sold for just one penny, they have to register for, charge and account for VAT in the buyer's country.
Now consider the situation...
What is a digital product? The EU has defined them on its website here
http://ec.europa.eu/taxation_customs/taxation/vat/how_vat_works/telecom/index_en.htm
and they include telecommunications, broadcasting and electronic
services. Hah! you might say, how does that affect me as I write ebooks
or sell downloadable knitting patterns or build websites and register
domain names... well, guess what?
All those things fall under the EU's definition of electronic services and so also are subject to the new EU VAT rules. Did I hear you scream?
Here's a handy list of what HMRC says are covered by the electronically supplied services definition...
Electronically supplied services
The rule change only applies to ‘e-services’ that are ‘electronically supplied’ and includes things like:
- supplies of images or text, such as photos, screensavers, e-books and other digitised documents eg, pdf files
- supplies of music, films and games, including games of chance and gambling games, and of programmes on demand
- online magazines
- website supply or web hosting services
- distance maintenance of programmes and equipment
- supplies of software and software updates
- advertising space on a website
Well it gets better, as not only is there no threshold below
which your sales outside the UK to other EU countries are exempt, but
you have to work out which VAT rate applies for each product in each EU
country - and most countries have more than one rate! - and present the
price to your potential buyer in their own currency with the VAT
included before they commit to buy. That's something which the majority
of shopping cart scripts used by small online businesses are unable to
do. It is too complex code-wise, but even if they could manage the
coding there is still the issue of the amount of server processing power
needed to make complex queries, and those sellers on shared hosting
platforms will find that their webspaces will not be able to handle
those processes.
But back to the VAT itself...
Hah!
I hear you cry, I bet there is a list of VAT rates somewhere. And you
would be right... there is a list, and it changes as EU countries make
changes, and you have to keep up with those changes and make sure that
your sales page reflects the correct rate in force at the time your
potential buyer visits. But first of all you have to figure out which
country your potential buyer is in... now how will you do that? Did I
hear you suggest using an IP address? Yes, it is one of the things the
EU says you can use as your evidence of location... oh, did I not
mention evidence before? The EU requires that you obtain two
non-conflicting pieces of evidence to prove the location of your buyer,
but the HMRC has provided a handy list so you can see what you can use
as evidence.
Examples of the type of supporting evidence that tax authorities will accept include:
- the billing address of the customer
- the Internet Protocol (IP) address of the device used by the customer
- customer’s bank details
- the country code of SIM card used by the customer
- the location of the customer’s fixed land line through which the service is supplied
- other commercially relevant information (for example, product
coding information which electronically links the sale to a particular
jurisdiction)
So, for a digital service where your potential buyer has, in the
past, just given you an email address and you or your payment processor
has taken their card details, you now have to extract any 2 of the
above bits of info from them - information which many people are loath
to share online for fear of fraud, identity theft, or just plain desire
for some privacy! But you MUST obtain at least two items from the list,
and what's more, keep that evidence in a safe place for at least 10
years. Yes, you read that right - 10 years!
So you still want to sell digitally online...?
OK,
so assuming you have a shopping cart, and can obtain the necessary
evidence of buyer's location, what next? How do you actually pay the VAT
you have collected? Well, you could register in each of the 28 member
countries of the EU, and complete a return for your sales in each
country... or you could send a silent thank you to the HMRC who have set
up a VAT MOSS (one stop shop) where you can submit all your VAT returns
for every country in the EU via them and they will disburse it for you.
Do note though that you still have to work out which amount is payable
to which country yourself, all MOSS does is save you that hassle of
separate returns and payments.
My head hurts, is there not an easier way?
In
a word, no, or maybe yes. Under the EU rules a business is not supposed
to refuse to supply,or block, sales to buyers in other EU countries,
but the EU has confirmed in writing that where a business is seriously
disadvantaged by having to sell outside its home country, then the EU
will accept that they should not be forced to do so. But that does mean
that any sales we used to benefit from outside our home countries will
be lost to us. In many cases they are only small amounts, but for a very
small, micro or nano business every sale could be the difference
between staying in business and closing down.
This is just a European problem that doesn't affect the rest of the world, right?
Wrong!
Sorry but if you are a small business outside the EU you are still
affected, as you are now expected to charge EU buyers VAT on your sale
and remit that to the EU country involved too - yes that means you folks
in the USA, Canada, Australia, India, Africa, and even little green men
from Mars if there are any!
So what can we do...?
Firstly,
if you are affected by the new rules please do fill in the survey at
the top of this post. Here's the link again to save you scrolling back
up the page:
http://euvataction.org/take-action-now/complete-the-survey/
Every
bit of evidence we get about how these changes are hurting is important
- not just for us here in the UK, but for sellers across the whole of
the European Union, and those sellers outside Europe who want to be able
to continue to sell to us Euro-folks. Our money is good anywhere, we're
just sorry the new EU VAT system sucks!
Secondly,
sign the petition on change.org calling for the immediate suspension by
the EU of the new rules for micros-businesses and sole traders:
https://www.change.org/p/pierre-moscovici-a-unilateral-suspension-of-the-introduction-of-the-new-eu-vat-laws-for-micro-businesses-and-sole-traders
Thirdly,
if you are in UK or the EU, please contact your local parliamentary
representative, MP or Euro MP and explain why the new EU VAT rules are
hurting small businesses. If you are outside the EU you can still raise
it with the EU directly, and the more folks who do, the better they will
listen. There is some handy help on the campaign website
http://euvataction.org/2015/01/21/time-for-an-action-challenge-for-eu-vat-you-might-enjoy-this-one-come-and-join-in/ Ask them to raise the matter urgently, and then tell the campaign what reply you get back.
http://euvataction.org/contact-us/
Finally,
spread the word. I was shocked to learn of these changes in the middle
of January 2015. That's more than a fortnight after they came into
force. I'm suspecting that there are a lot of people who
still
do not know about them. Those folks are at serious risk, as simply not
knowing about the rules is no defence under the law, and the VAT-man has
powers that would make your eyes water! Even if someone hears about
changes to VAT for digital products in the EU they may not realise that
they are affected by them, as they may assume the UK domestic VAT
threshold still applies.
IT DOESN'T!
Nothing has
been sent to sole traders and tiny businesses about the changes. If you
are not already VAT registered in the UK the chances are you have not
been told by HMRC, and as this is one of the biggest changes to the VAT
system since its introduction, that's pretty shabby. Despite the fact
that HMRC has the name and address of all UK small traders who complete
their annual tax returns, they have been sent nothing about the EU VAT
changes, yet letters reminding us to submit our tax returns have been
sent out at least twice in the last year. Why did they not pop a flyer
in with those letters? I'll let your imagination answer that question.
Perhaps if we had known sooner there would have been a big outcry from
the thousands affected by the changes. So now we have to deal with what
we have - a system which we cannot use for a host of reasons, or the
option to close our businesses.
Please help small businesses fight
this change. Just raising awareness amongst your friends, colleagues,
and groups would be a huge help. I cannot find a dedicated group on
LinkedIn which is tackling this, but there are two on Facebook, where so
many of the smallest businesses start out. More info is available
there, and offers of help and support would be welcome in both groups.
Here are the links in case you want to pop along:
https://www.facebook.com/groups/DigitalVAT2015 and
https://www.facebook.com/groups/euvataction and thank you for sticking with me and reading so far.