Discussion Forum: Thread 321063

 Author: miskox View Messages Posted By miskox
 Posted: May 12, 2022 11:38
 Subject: Charging EU VAT an option?
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 Topic: General
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miskox (627)

Location:  Slovenia
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(for EU buyers ordering from non-EU countries)

Maybe it has happened to you before to pay VAT twice: first when BL order is
placed and the second time when it gets to the Customs.

So my suggestion would be to make it optional (if permited by regulation of course*)
when order is placed.

I know there were some EU countries that had (still have?) problems with this
when shipments arrive to their country.

Opinions? EU buyers: what is your experience regarding this?

Thanks.
Saso

* BL might be obligated to charge VAT but then I would expect BL to make sure
the shipments are correctly posted (and all the neccessary inormation entered
into the IOSS computer system) - if BL can't do this then I would like not
to pay VAT when I place an order to avoid more work for me and for BL team (now
I have one order when VAT was paid twice. I am still waiting for the official
receipt before contacting BL team for a refund (our Tax Administration says I
must request a refund from the marketplace)).
 Author: SylvainLS View Messages Posted By SylvainLS
 Posted: May 12, 2022 11:41
 Subject: Re: Charging EU VAT an option?
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SylvainLS (46)

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In General, miskox writes:
  (for EU buyers ordering from non-EU countries)

Maybe it has happened to you before to pay VAT twice: first when BL order is
placed and the second time when it gets to the Customs.

So my suggestion would be to make it optional (if permited by regulation of course*)
when order is placed. […]

It already exists: legally, and on BL, you need to be a VAT-registered entity
(so a seller with the VAT option on).
 Author: miskox View Messages Posted By miskox
 Posted: May 12, 2022 11:59
 Subject: Re: Charging EU VAT an option?
 Viewed: 42 times
 Topic: General
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miskox (627)

Location:  Slovenia
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In General, SylvainLS writes:
  In General, miskox writes:
  (for EU buyers ordering from non-EU countries)

Maybe it has happened to you before to pay VAT twice: first when BL order is
placed and the second time when it gets to the Customs.

So my suggestion would be to make it optional (if permited by regulation of course*)
when order is placed. […]

It already exists: legally, and on BL, you need to be a VAT-registered entity
(so a seller with the VAT option on).

I mean for all non-VAT registered buyers.

Saso
 Author: SylvainLS View Messages Posted By SylvainLS
 Posted: May 12, 2022 12:16
 Subject: Re: Charging EU VAT an option?
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 Topic: General
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SylvainLS (46)

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In General, miskox writes:
  In General, SylvainLS writes:
  In General, miskox writes:
  (for EU buyers ordering from non-EU countries)

Maybe it has happened to you before to pay VAT twice: first when BL order is
placed and the second time when it gets to the Customs.

So my suggestion would be to make it optional (if permited by regulation of course*)
when order is placed. […]

It already exists: legally, and on BL, you need to be a VAT-registered entity
(so a seller with the VAT option on).

I mean for all non-VAT registered buyers.

It’s illegal.
(Which I said as “legally, […] you need to be a VAT-registered entity […].”)
 Author: miskox View Messages Posted By miskox
 Posted: May 23, 2022 13:55
 Subject: Re: Charging EU VAT an option?
 Viewed: 47 times
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miskox (627)

Location:  Slovenia
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The EU Commission, a governing branch of the European Union, has acknowledged
that cases of double taxation are an issue.

https://circabc.europa.eu/ui/group/cb1eaff7-eedd-413d-ab88-94f761f9773b/library/a72d59ce-b52d-4566-80af-2d9a7fb0d1ab/details

Saso
 Author: Mr_Rofl View Messages Posted By Mr_Rofl
 Posted: May 23, 2022 14:25
 Subject: Re: Charging EU VAT an option?
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Mr_Rofl (98)

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In General, miskox writes:
  The EU Commission, a governing branch of the European Union, has acknowledged
that cases of double taxation are an issue.

https://circabc.europa.eu/ui/group/cb1eaff7-eedd-413d-ab88-94f761f9773b/library/a72d59ce-b52d-4566-80af-2d9a7fb0d1ab/details

Saso

They finally notice something is going wrong with IOSS.
What a terrible solution is asked for.

When it goes wrong, the trader/seller and the marked place need to handle the
administrative time and money to correct the thing.

It would be better to blame it on the postal service who does not comply (and
probably getting on top of the VAT also a handling fee as a bonus) or if the
country does not comply let them lose out the VAT payment from both the postal
service and the marketplace. In that way you force the none complyant to do something
if they don`t want to loose money.
 Author: SylvainLS View Messages Posted By SylvainLS
 Posted: May 23, 2022 14:38
 Subject: Re: Charging EU VAT an option?
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SylvainLS (46)

Location:  France, Nouvelle-Aquitaine
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In General, miskox writes:
  The EU Commission, a governing branch of the European Union, has acknowledged
that cases of double taxation are an issue.

https://circabc.europa.eu/ui/group/cb1eaff7-eedd-413d-ab88-94f761f9773b/library/a72d59ce-b52d-4566-80af-2d9a7fb0d1ab/details

Saso

Thanks for the link.

TL;DR: it’s a proposal for a solution, dated from February, that would allow
the marketplaces to refund the VAT (because, under the current law, they generally
can’t because it’s too late: they can’t change their VAT declarations).

There’s just one small problem: the double taxation INCLUDES the VAT already
paid on the marketplace!
Buy €100, pay €120 on the marketplace, pay €24 more on reception (+ fees), get
refunded €20 by the marketplace.
Great.
Still won’t make me buy out of EU and still won’t make me change my opinion about
the implementation of that scheme.

(And who knows how long it will take them to vote that proposal and implement
it….)
 Author: miskox View Messages Posted By miskox
 Posted: May 23, 2022 17:23
 Subject: Re: Charging EU VAT an option?
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miskox (627)

Location:  Slovenia
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  TL;DR: it’s a proposal for a solution, dated from February, that would allow
the marketplaces to refund the VAT (because, under the current law, they generally
can’t because it’s too late: they can’t change their VAT declarations).


In the answer from our Financial Administration it says something like this:

"The holder of the IOSS number (IMxxxxxxxxx) shall keep records of transactions
under this special scheme and may, within a period of three years from the expiry
of the deadline for submitting the special VAT return, submit amendments to that
return if he subsequently discovers irregularities. The amendments may be included
in one of the following special VAT returns..."

It says that this is in the https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2006:347:FULL&from=EN
(plus revisions?)

So it looks like it might be possible to change VAT declarations...

Saso
 Author: SylvainLS View Messages Posted By SylvainLS
 Posted: May 23, 2022 18:25
 Subject: Re: Charging EU VAT an option?
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SylvainLS (46)

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In General, miskox writes:
  […]
So it looks like it might be possible to change VAT declarations...

Indeed, I misread the paragraph about that in the proposed solution (I read it
as “that should be amended” while it’s “there’s amendments already”).

But that doesn’t change the problem that customs makes you pay VAT on VAT and
that part won’t be refunded… unless the marketplace refunds more than it collected,
counting the surplus as deductible (and hoping it still globally collects more
VAT than it refunds, otherwise it will have to wait for a refund from the gouvernments…
haha).

And the buyer still will pay the collection/brokerage fee from the postal offices.
 Author: miskox View Messages Posted By miskox
 Posted: May 24, 2022 13:07
 Subject: Re: Charging EU VAT an option?
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miskox (627)

Location:  Slovenia
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  But that doesn’t change the problem that customs makes you pay VAT on VAT and
that part won’t be refunded…

In my case I am charged based on the goods value (+ shipping of course). I provide
the invoice where goods' value is shown and I declare that value (because
they want that) - so it is a little bit less to pay.

90 EUR items + 10 EUR shipping = 100 EUR. 20% VAT = 120 EUR when order placed.
When it arrives to the Customs it is 90 EUR items value + 10 EUR shipping. And
of course their processing fee (at the moment 2.90 EUR).

Saso