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Removal of Paid-For Electronic Downloads/Services: January 2015

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#41 Shimmin Beg

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Posted 28 March 2015 - 04:09 PM

Interesting. Like Etsy their first response was to ignore it saying "it's none of our concern", but also like Etsy they've since... changed their mind... I wonder how long DriveThruRPG will hold off? At least that means The Cthulhu Breakfast Club Patreon will be sorted out (sans 20% plus processing fees).


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#42 wombat1


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Posted 28 March 2015 - 05:16 PM

In the absence of a tax treaty between the United States and EU member states, would an American business have any obligation to collect VAT for electronic sales (physical sales can have their VAT collected by the postman or the customs officer). Other than the brick-and-mortar store or presence rule, there is no effective sales tax on internet sales in the U.S.  


So why wouldn't retailers based in the U.S.with no physical presence in Europe continue to ignore it indefinitely?

#43 Shimmin Beg

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Posted 28 March 2015 - 07:11 PM

Wombat: as far as I can tell right now, they probably can.  However, the EU might implement some other rules that force their hand, possibly by using a third party.  The American FATCA law forces foreign financial institutions to disclose information about US citizens' activities and accounts, or pay large additional taxes on all their US transactions.  Something similar isn't impossible.  Or the EU might find a way to twist the US government's arm (like existing financial arrangements).  Or find another way to get money from US trade, and use that as a stick.  If the US does ever budge on this, retailers might find themselves stuck with past liability for having knowingly failed to pay.

#44 Nightshade


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Posted 29 March 2015 - 10:01 PM

Wombat: Although it has been almost a decade and a half since I have studied EU trade law, I would suggest that the EU is very good at finding ways to work around holes in their regulatory schemes such as the lack of physical presence contingency. For the most part, US trade and anti-trust law prohibits specific acts and allows in varying degrees others. The EU tends to ban all of certain activity and then dispense exemptions for certain activities. It is a subtle but powerful distinction you see a lot in Compulsory Licensing Agreements, anti-trust and the like. Besides, any government body that regulates sheep flatulence, pig toys, declares Sicily not to be an island, and playground equipment will not be deterred by such a fine distinction.  8)

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#45 Stoker



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Posted 30 March 2015 - 08:03 AM

The geniuses are in the European parliament and they did not consider small business.

Most probably they're in European Commission, Parliament may approve, neject or amend a law proposed to their vote, but ost of the initiative comes from the Commision, an entity composed of nominated people without any voting, by countries who distribute the posts among them (each country tries to have a representative in the Commision, whatever this representative is competent in its domain or not) and those are then targets of lobbyists (mostly US originated BTW which is why the Commision is so adamant of pursuing the TAFTA secret talks).

#46 Shimmin Beg

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Posted 02 December 2016 - 01:53 PM

I thought this news might be worth sharing.  Still work in progress, but I know various people on here have an interest in VATMOSS developments.


In summary – businesses exporting below €10k of digital sales into the EU (excluding their home country sales) will apply their home country VAT rules, not digital VAT. Those above that but with sales below €100k will be eligible for a ‘soft landing’ of just one piece of data, to prove the customer’s location.


The post is here: http://www.julietemckenna.com/?p=2445 with more detail if you follow the link trails back to the European Commission at http://europa.eu/rapid/press-release_IP-16-4010_en.htm

#47 PoC


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Posted 02 December 2016 - 02:47 PM

That sounds extremely encouraging. Thanks for the heads-up, Shimmin!

Now we have to hope it gets enacted into law.

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