Consider the damage done by these EU digital VAT rules to you, the online customer

ebook-media

Take a few moments to think just how many digital products you use in the course of an ordinary day. As businesses are forced to close or geo-block to avoid the unworkable EU VAT rules, you could lose them all.

Our survey of 2000 micro businesses showed that 27% are having to block sales from outside of their home country and 22% have closed down completely. Most of the rest have had to move to 3rd party platforms (you’ll end up paying much more) or are scrapping digital sales and future launches.

Say goodbye to your favourite phone apps

Your phone alarm wakes you up with that new ringtone which you’ve finally discovered you simply can’t sleep through. Okay, time for breakfast and it’s off to work. Commuting by bus or train? Time to catch up on those podcasts you’ve downloaded, devoted to your particular hobbies and interests. You might pay a tiny subscription, to help with web hosting and other costs, though chances are, they’re free, supported by online advertising.

Start work on your laptop or desktop or tablet and you’ll have a screenful of apps and icons for the tools you need in your particular line of business. Word processing. Scanning and OCR. Fonts. Online thesaurus and dictionaries. Spreadsheets. Accountancy. Video and photo editing. Website design. Online diaries and planners. Computer programme design. Manufacturing design and simulation. Filesharing so you can work on projects with other people no matter where in the world they may be. The list is potentially endless.

You’ve picked them up here and there, able to browse through app stores or maybe heading for specialist sites you’ve had recommended by a colleague until you find the one best suited to your particular needs. Maybe you got these things for free at first, or for 99 pence/cents. There’s every chance you’ve upgraded to some premium, paid-for versions now that you’ve found out how useful they are.

As more businesses hear about the new rules (we estimate that so far under 1% have heard of them), you’re going to find many of your favourite suppliers disappearing – or refusing to sell to you.

And then you’ll lose your anti-virus & malware protection

Something you’ll definitely have is antivirus software but as we all know, every so often, something slips through and embeds itself in your system. Do you need help to deal with the malware? Thankfully there are instantly accessible online tutorials and videos to walk the non-technically skilled among us through getting rid of such things without inadvertently wrecking our computers. But the new EU VAT rules could cause them to disappear.

And it’ll hit your hobbies – hard

Work done for the day? Time to relax with some music? Head for your favourite streaming site or maybe track down the website of that band you found for free and decided you like their stuff enough to happily pay for some downloads so they can make more of it.

How about a good book? You’re delighted to find a blogpost or tweet sharing the news that your favourite author is publishing her backlist as independent ebooks. Oh look, another favourite writer is offering a short story collection on his website. Perhaps you could get them from Amazon but you’ll pay the same price whatever, so you’re happy to buy direct and give the writer a bigger cut. Oh and these ebooks are DRM free so you can enjoy them on all your devices and buy them wherever in the world you’re based.

How about a crossword puzzle? Cryptic or quick? You can find both online. Or maybe you’ve had enough screen time for the day. What about an audio book to listen to while you get on with something else? Enjoying one of your hobbies like knitting or some other handicraft? The choice of online patterns these days is simply fantastic.

Maybe you need to get on with cooking the dinner while you’re listening to your music or story. Time to go online to find a recipe for that thing you bought because it looked so interesting in the supermarket – but which turned out to be more of a challenge once you got it home…

Meantime someone in your household is studying and they’re finding online resources invaluable. They could be at school or college or perhaps they’re improving their skills and knowledge in their own time, just for the love of it, or to improve their job prospects. Come to that, there’s any amount of other training material out there, to help you improve your job-related skills, from technical to interpersonal stuff.

Making plans for the weekend or for a holiday? Time to check out tourist guides, walking guides, cycling guides, pub and restaurant guides. Going further afield? An online translation app could be invaluable if you’re not much good with languages other than your own.

Running a hobby website? Say goodbye to your favourite website themes, plugins, apps, software and even stock photos. And if you’re selling ad space, then even if it’s just a hobby, then you’re into the EU VAT rules mess.

If there’s a big company behind your chosen product, they’ll probably be able to cope. It’ll be a hassle for them, no doubt about it, but they have the resources.

If that business is run by just one person, working on their own? Then it’s unlikely they’ll be able to handle the new rules. Just how many of those resources come under the heading of “automated digital services”. In other words, they’re all now subject to the new rules requiring whoever’s offering them to charge the correct VAT rate where you live.

The administrative burden of trying to figure out, with up to 3 pieces of information, where your customer is and the choosing the correct rate from the EU’s 81 options is enormous. Most small businesses do not have the means to do this.

The people who create these amazing resources, unless they’re a big business with tech support, are more likely to close or to block your country than to be able to comply with the new EU VAT rules.

 

What does this mean for you, the customer?

Your favourite apps, games, plugins & software will disappear.

Prices will go up.

Choice will go down.

You won’t even be able to get the ‘free stuff’ any more

Websites you’ve been using to get free stuff from may well simply disappear. Because selling online advertising now falls under the digital VAT rules, meaning VATMOSS registration, returns and record keeping, all of which means time and expense.

And many of them use their apps / courses / paid downloads to fund the free stuff. With the new EU VAT rules forcing them to geo-block or drop the paid content, the free stuff will have to go, too. After all they, like you, still have to put food on the table.

Others will still be there but those cheap, entry-level and introductory downloads they used to sell are no longer on offer. Because selling something for 99 pence/cents makes no sense when the seller has to pay a hefty monthly payment processing fee plus 20 pence/cents per transaction. You, the customer, can pay for a premium or personally tailored service – or do without.

You’ll find other sites explaining how sorry they are but they’re not selling outside their home country into other EU member states any more. Geo-blocking is becoming by far the most common way for businesses to escape the VATMOSS fiasco.

Some will offer you the option of ordering the download you want by email, so you’ll get it when they have the time to manually process your order. How convenient is that? Not very, for you the customer, or for the business. We’re already seeing traders who thought that was an option abandon it.

And there’s always the possibility that the site you’re buying from is run by a pirate with a side-line in identity theft…

Imagine having to go to a website and enter a whole lot of personal information which you never used to do, to prove where you live. And they’re going to keep that personal data about you for 10 years. Would you want to hand over details of your bank account? Or would you run? So… who’s going to have access to that data now? Your very reasonable reluctance to do this as a customer means those businesses who’re trying this approach are reporting significant drops in sales.

For some products but by no means all, there are 3rd party marketplaces handling VAT compliance for sellers. Their grip on online trade will become a stranglehold. Get used to only being able to buy what Amazon, Apple and Google decide you’re allowed to buy, on whatever terms they choose to impose. And, ironically, stopping these big businesses from reducing their VAT bills by relocating to cheaper countries was the main reason the new EU VAT rules were introduced – but they’re laughing all the way to the bank as the new rules actually increasetheir market share.

The problems created by these new regulations aren’t just limited to the people most directly affected, whose businesses now face the appalling burdens of compliance. It hits consumers hard, too.

And it’s not just businesses offering solely digital products hit by this but all the ones whose core business is selling physical goods or other services and who have been expanding their operations into digital downloads which now bring in vital income.
Things will only get worse once this is extended to online products and services currently exempt because they require a higher level of personal intervention and interaction than a simple, automated download.

Whatever you’re used to buying online, you’re going to be affected.

Please let your MEPs and other elected representatives know you find this situation unacceptable.

This post owes a tremendous amount to Megan Kerr’s original article looking at the impact of these new regulations on her ordinary day.

Professional writer of epic fantasy novels with excursions into shorter fiction, darker fantasy, some media tie-in stories. Find her books here.

Contact The EU VAT Action Team

http://www.julietemckenna.com

Please Could You Help Us On Twitter Today? #EUVAT #DigitalSingleMarket

Please take action to help us today

Following the brilliant news from the EU Council and First VP Timmermans on Wednesday that they will make sure there are no adverse impacts on micro businesses and entrepreneurs, due to the new EU VAT rules, we urgently need your help.

Timmermans was tasked by Juncker (EU President) to check out whether the EU VAT mess is real. But he still used the word “If” in his statement. “IF there are adverse effects…”

We need to help remove any doubts he has. We need to fill his Twitter inbox with evidence that this IS a genuine EU-wide problem.

And Martin Schulz, who is the President of the European Parliament, is clearly not convinced that this mess is real. I have just been watching the full debate from Wednesday (that took some coffee!) and his sarcastic comments about this being nothing but UK pre-election spin totally belittle the suffering of tens of thousands of micro businesses and show he doesn’t yet believe this is a genuine problem. Please tweet him, too. Especially any German businesses you know – if he can see this hurts home-grown businesses and not just the UK he’s more likely to listen.

PLEASE tweet both of them, using the hashtag #EUVAT, to tell them why it’s a problem for you. You might also like to link to the impact assessment report:

euvataction.org/report/

Here are their details:

Frans Timmermans
@TimmermansEU

Syed Kamall MEP has promised to organise an urgent meeting for us with Frans Timmermans, so maybe you could tweet Mr Timmermans to ask him to meet with us next week?

Martin Schulz
@MartinSchulz

Here are some sample tweets you might like to share:


 


 


 


 
And you might like to tweet the guys below to thank them for their support on #EUVAT and for raising this at the highest levels – it’s really important to show gratitude and give credit where it’s due:

@Ansip_EU – VP of EU Commission on DSM (He listens to the hashtags #DigitalSingleMarket and #DSM)

@SyedKamall

@GuyVerhofstadt

@VickyFord

@CatherineMEP (Catherine Bearder)

And finally:

A super-helpful insider told us on Wednesday that Donato Raponi (DG of VAT for the EU – no Twitter account) still isn’t convinced that this is a real problem, but that the way to convince him is via his boss – Pierre Moscovici (DG of Tax for the EU – @PierreMoscovici). So please send your tweets to him, too.

Let’s give them something life-changing to think about over the weekend.

Please tag us (where you have space!) & let us know via the comments here and at the campaign group, how you get on.

@euvataction
@clarejosa
@julietemckenna

Thank you!
EU VAT Action Team

Author of the Dare To Dream Bigger Entrepreneur’s Handbook.
 
>>> Contact The EU VAT Action Team <<<
http://www.daretodreambigger.biz/book

British PM Taking The EU VAT Campaign To EU Chief & We Need Your Help

David Cameron is taking the EU VAT Action Campaign to the President of the EU Commission

As you may know, we have been working closely with the British Government and the Prime Minister himself over the past few months, on your behalf. The Prime Minister was aware of the issues with the EU VAT rules, but discussions between him and the EU Commission had been kept behind closed doors.

Last night his office went public. As the British national newspapers are now reporting, the UK Prime Minister is now publicly challenging Jean-Claude Juncker (President of the European Commission) over the new EU VAT rules, asking for a threshold below which the domestic VAT rules would apply, thereby removing the crippling unintended burden from micro businesses.

This is HUGE news and massive progress for your campaign. For the PM to go public on this, it means he is taking big action. And it will encourage other Member States to follow suit.

And the PM is so supportive of the work you have been helping us to do that we were asked to submit a quote for the Downing Street press release that announced David Cameron’s decision. And this quote has been used widely in the national press today. Your voice is being heard.

In addition, we’re really excited to tell you that the interim analysis of the survey that so many of you have filled in is being officially circulated by Downing Street, as evidence of the hugely damaging unintended consequences of the legislation. So THANK YOU to each of you who has already filled it in.

(If you haven’t yet, we’re still collecting data – here’s where to find it).

And there’s more! Caroline Lucas, MP, has raised an official question for us in Parliament today and she has a second lined up. Again, it might sound like a small step, but this is actually really important in creating the mood for legislation change. Thank you Caroline!

We are meeting with senior officials from HMRC, HM Treasury and Downing Street again this afternoon, and we’ll report back after the meeting.

We are also travelling to Brussels next week, to present to MEPs and senior members of the EU Commission, to help them understand how urgently a suspension of this legislation for micro businesses is needed.

And we need your help!

For any changes to happen, each of the EU Member States needs to agree to them. And the people who need to agree are the Finance Ministers and their EU Fiscal Attaches.

Here’s how you can help: the interim report from the quantitative study makes compelling reading and really helps people to understand that this isn’t a whinge-fest, but a real and painful issue for small businesses.

We need EACH AND EVERY Finance Minister in the EU to read this report, and to get emails from their home-grown businesses, explaining how the unintended consequences of this legislation are damaging them.

Therefore:

 

    • The list of Finance Ministers for each country and their email addresses is at the bottom of this post.

 

  • Please then let us know via the comments that you have done it – and let us know which country you are in.

It doesn’t matter if your country has already been covered – just imagine the impact that getting 100 / 200 / 5000 emails with this report could have THIS WEEK, on the back of this massive wave of publicity from the media! The time to make your voice heard by your own government is NOW!

Then join us over at our friendly and informative Facebook group: EU VAT Action Campaign Group. We would love to see you there.

And above all, thank you for your support, your determined hope and your positivity. Without your help, we wouldn’t have achieved what we have achieved so far. There’s still a long way to go. But today’s news is a truly vital step on that journey.

Thank you!
With love, and gratitude,
Clare & the EU VAT Action Team

For political & media enquiries, please call +44 7437 905 435

EU Finance Ministers

Austria

Hans Jörg Schelling,
Alternate contact: (Assistants)
Twitter: @HJSchelling

Belgium

Johan Van Overtveldt,
Alternate contact: (Policy questions email (via http://financien.belgium.be/nl/Minister/)
Twitter: @jvanovertveldt

Bulgaria

Kalin Hristov,
Alternate contact: (Central email address)

Croatia

Boris Lalovac,

Cyprus

Harris Georgiades, No direct email found
Alternate contact: http://www.mof.gov.cy/mof/mof.nsf/page05_en/page05_en?OpenDocument (Web form)
Twitter: @Georgiades_H

Czech Republic

Andrej Babis,
Twitter: @AndrejBabis

Denmark

Bjarne Corydon,

Estonia

Maris Lauri,
Alternate contact: (Chancellor)
Twitter: @MarisLauri

Finland

Antti Rinne,
Twitter: @AnttiRinnepj

France

Michel Sapin, No direct email found
Alternate contact: (Frederic Glanois: Deputy Head of Office of Ministry of Finance)
Twitter: @Min_Finances (His own account exists but isn’t used)

Germany

Wolfgang Schäuble,
Alternate contact: (Sekretariat)
Twitter: @Wolf_Schauble

Greece

Yanis Varoufakis,
Twitter: @yanisvaroufakis

Hungary

Mihály Varga,
Alternate contact: (Customer service email)
Twitter: @Varga_Mihaly

Ireland

Michael Noonan,

Italy

Pier Carlo Padoan,
Twitter: @PCPadoan

Latvia

Jānis Reirs,

Lithuania

Rimantas Šadžius,

Luxembourg

Pierre Gramegna,
Twitter: @MinFinLux

Malta

Edward Scicluna,
Twitter: @edward_scicluna

Netherlands

Eric Wiebes, No direct email found
Alternate contact: https://www.rijksoverheid.nl/contact/contactformulier (General web form)

Poland

Mateusz Szczurek, No direct email found
Alternate contact: (Central email address)

Portugal

Maria Luís Albuquerque,

Romania

TBC, TBC

Slovakia

Peter Kažimír,
Twitter: @KazimirPeter

Slovenia

Dušan Mramor,

Spain

Luis de Guindos,

Sweden

Magdalena Andersson,
Alternate contact: http://www.gov.se/pub/road/Classic/article/117/jsp/Render.jsp?a=247188&m=popup&l=en (Webform, via Senior Registary Clerk)

United Kingdom

George Osborne,

 

Author of the Dare To Dream Bigger Entrepreneur’s Handbook.
 
>>> Contact The EU VAT Action Team <<<
http://www.daretodreambigger.biz/book

Alert the OECD to the EU Digital VAT Catastrophe

The Organisation for Economic Co-operation and Development (OECD) promotes policies to improve economic and social well-being around the world. It provides a forum for governments to work together and share experiences and seek solutions to common problems arising from economic, social and environmental change. They also look at issues like how much people pay in taxes and how this affects business.

At the moment, they are looking at international VAT/GST guidelines on place of taxation for business-to-consumer supplies of services and intangibles. That’s ‘Value Added Tax’ or ‘Goods and Services Tax’ depending on where you live, equivalent to US sales taxes added at the time of purchase. Intangibles means digital products and services.

This is a hugely important opportunity for everyone to voice concerns over the ways in which start-ups and small businesses are being wrecked by the new EU regulations on VAT payable on cross-border digital sales.

OECD_clock-image

It is particularly significant for those in OECD member countries outside the EU such as the United States, Australia, Canada and New Zealand. This is the best way to make your voice heard on this matter.

Getting as many responses as possible is vital. These regulations have been devised with the biggest companies in mind. The OECD needs to know the destructive consequences for smaller enterprises and the damage that will do to grassroots economies around the world. There is currently a Discussion Draft for Public Consultation available here.

We need as many people as possible to comment on this document by 20th February 2015. You need only send two or at most three pages. The more focused your submission is, the better and please use your own words as far as possible. The more individual you make your argument, the more weight it will have.

Having researched previous similar consultations, this is the format we would use:

  1. A brief statement of who you are and the reasons for your interest in the implementation of the 2015 EU VAT changes to electronic B2C services.
  2. General comments on the problems with EU digital VAT, VATMOSS etc, briefly outlining your key concerns. Keep this section concise, just a couple of lines.
  3. Specific issues for you, your business and your particular sector. For each point that you raise, make a direct reference / citation to a specific paragraph in the Discussion Draft. Please cite the paragraph number. If you find the prospect of searching through that document off-putting, please don’t! We have identified the key reference points for you in the detailed guidelines you can download here: OECD Submission Guidelines.
  4. Conclusions/Suggestions. If you’re commenting as an individual, you need not include these. If you’re submitting on behalf of a group, you may or may not wish to include the EU VAT Action campaign’s stated aims. It’s entirely up to you.

Please prepare your response and submit it as a Word document by e-mail to Piet Battiau, Head of Consumption Taxes Unit, OECD Centre for Tax Policy and Administration at .

Once you have sent your submission, please tweet @euvataction with hashtags #OECD and #EUVAT to let us know and to help encourage other people to do the same. Please spread the word about this opportunity for positive action through your other business and social networks.

Professional writer of epic fantasy novels with excursions into shorter fiction, darker fantasy, some media tie-in stories. Find her books here.

Contact The EU VAT Action Team

http://www.julietemckenna.com

Time For An Action Challenge For EU VAT – You Might Enjoy This One – Come And Join In!

EU VAT Action Challenge - 21st January 2015

Here is a fun – and potentially campaign-changing – action challenge for you – the video is only 2 minutes long and tells you all you need to know:

What to say when you visit them?

  • You might want to talk them through the briefing document (below), to dispel some of the myths, misunderstandings and fob-offs that have been flying around.
  •  

  • Explain to them how, specifically, the legislation is a problem for you and your business – and perhaps present examples from your friends, too. Be real and give them evidence.
  •  

  • If it feels right for you, ask them to insist that your government immediately suspends implementation of the legislation for micro businesses (defined as €2 million or below), whilst they lobby Pierre Moscovici at the EU Commission to exempt micro businesses completely. These micro businesses would then revert to their home country’s VAT rules.

And here is the pdf download for the briefing, in case you want to take something with you:

EU VAT Action One-Pager

You can view it online by clicking the link, or you can right click and choose ‘save as’ (or similar) to download it.

Let us know how you get on. This is your chance to make a real difference.

Thank you so much for being part of the team!

Clare & the EU VAT Action Team

Author of the Dare To Dream Bigger Entrepreneur’s Handbook.
 
>>> Contact The EU VAT Action Team <<<
http://www.daretodreambigger.biz/book

Donato Raponi Is Now Listening – This Is Your Chance To Make Your Voice Heard

EU VAT Action Meeting With Donato Raponi

Donato Raponi is Head of VAT at the EU Commission. His name may be familiar to you because he was one of the key recipients of the December EU VAT Twitter Storm and the ‘write to your MEP’ campaign at the end of last year. He is one of the top decision-makers on the EU VAT legislation. Following lobbying from you, some dedicated MEPs, some of the campaign’s supporters in the EU Commissions and the EU VAT Action Team, he has agreed to a meeting in the next 10 working days, to discuss options on the new EU VAT rules.

He met with Syed Kamall and Vicky Ford, two British MEPs, today. They presented data we had collated for them, including a wide range of case studies and survey responses, and also evidence of why payment providers, including PayPal, can’t fix the problems faced by micro businesses for this new legislation. They took him through how things are going, since the January 1st implementation. This data proves that the EU VAT legislation causes major problems for micro businesses Europe-wide (actually worldwide) and is not just a UK problem, which was a vital point for Raponi’s team.

Donato Raponi is now beginning to understand the hugely devastating unintended consequences of the new EU VAT rules on place of supply, which have brought boardroom levels of complexity to the kitchen tables of the world’s micro businesses.

We will be representing you in Brussels at the next meeting with Mr. Raponi, supported by the MEPs.

Emma Jones from Enterprise Nation and possibly some businesses representing typical case studies will also be invited, so there will be a strong, well-informed and experienced team to make sure your voice is heard.

We will be presenting the latest data and case studies, as well as lobbying Mr. Raponi’s team to:

Immediately issue a derogation for micro businesses so that they are no longer subject to the new EU VAT rules, but instead revert to their Member State’s previous VAT regulations.

This would remove the unjustifiable burden of this legislation from all businesses below the EU’s definition of €2 million turnover.

We are not making any promises. But the fact that Donato Raponi has agreed to meet us is incredible progress and has taken several months of hard work from the groups who are involved in supporting this campaign.

So thank you for submitting your case studies. Thank you for the letters you have written. Thank you for signing the petition. Thank you for being part of the EU VAT Action Campaign Group.


How You Can Help:

  1. Write to your MEPs and ask them to tell Donato Raponi specifically how the legislation is a problem for you. Please do this ASAP!

     

  2. And if you would be prepared to be a ‘post-implementation’ case study for us to take with us to the meeting, please let us know via the comments.

We will let you know as soon as we have any more news.

In the meantime, please join our group on Facebook to make sure you hear about the next Action Challenge, which we’ll be announcing tomorrow. It’s a really important one – and it’s going to be fun!

Thank you!

Clare & the EU VAT Action Team

Author of the Dare To Dream Bigger Entrepreneur’s Handbook.
 
>>> Contact The EU VAT Action Team <<<
http://www.daretodreambigger.biz/book

EU VAT – How Did The First Week Go? It's Not Pretty…

EU VAT Action - Week 1 Results

So the new EU VAT rules have been in force for just over a week. We’ve been working with micro businesses to understand how they have been getting on – and here are some of the stories we have seen in the first week of the implementation of these new EU VAT rules.

  • Businesses are closing
    We have heard from 200+ UK businesses who have closed completely because they cannot deal with the administrative burden that the new rules place on them. It was either economically unviable for them to comply or they simply couldn’t face the administrative burden and have decided it’s no longer worth running a business. The case study comments are heart-breaking and are a devastating unintended consequence of this legislation, which could be immediately rectified by applying the existing distance selling thresholds to digital goods – even on a temporary basis.
     
  • Businesses are refusing to sell outside their home country
    We have seen many examples of EU businesses excluding EU sales from outside of their home Member State, to avoid the rules, which of course breaches fair trading & discrimination rules and causes the business to lose money. If you’re selling via a website, then your business is automatically worldwide. It is crazy to have to turn away customers, just to avoid the EU VAT administration burden.
     
  • The EU is becoming an outcast
    We have seen MANY examples of USA companies now refusing to sell to EU consumers, so that they won’t be hit by the new regulations, even though they already applied to the USA. This reduces consumer choice. Prices are increasing, too, to help cover the regulatory burden and the VAT ‘fudge factors’ (see below), so consumers are being hit twice.
     
  • Consumer choice cut and prices rise
    We are aware of thousands of businesses who have now dropped digitally-delivered services from their website, which will potentially damage their business and was never their intention, prior to hearing about the rules. It simply doesn’t make business sense to exclude digital products in this age, but they feel they have no choice.

    Many of those who are keeping digital products have had to put up prices to cover the extra VAT and the huge amount of admin.
     

  • Major 3rd party platforms aren’t complying
    Many of the major 3rd party platforms, including Etsy (massive for sole trading craft sellers) have not been able to comply, even though their compliance was a requirement of the legislation. If they can’t comply, how can a sole trader?
     
  • The sticky plasters are helping, but they’re a temporary fix and taking them off will hurt
    The concessions we have negotiated from HMRC and HM Treasury in the UK have kept many people in business, but will only last for six months.
     
  • The UK won’t get the millions it was promised.
    The news we are hearing this week from businesses is that Estonia has done a good job of publicity and there has been some in the Netherlands and Germany, but that’s about it. France is unofficially exempting those below the VAT threshold and Italy has failed to implement the legislation. The vast majority of affected EU businesses have still not heard about this legislation, which is why the UK is being so much more vocal than non-UK.
     
    The downside of this is that, in the UK, we’re crippling our smallest businesses in order to collect tax on behalf of other countries, who aren’t reciprocating with the same gusto, meaning the £300 million per year of ‘cherries’ that the UK government was promised for implementing this is unlikely to come our way.

Impossible Things To Do Before Breakfast, Including Complying With EU VAT

To help national governments and the EU to understand why their current, “there, there, dear” response isn’t adequate, we have been collating a list of aspects of the legislation that are ‘impossible’ or at best economically unviable and unreasonable, for micro businesses.

It’s a work in progress, as people start trying to comply, but here are five of our ‘favourites’ so far:

  1. Display the correct price.
    You don’t know where a customer is based until the final stage of the checkout process. The UK and some other Member States require you to display the VAT-inclusive price at all times. You can’t do this unless you know where your customer is and if you insist on them declaring their country before visiting your sales page, you’re likely to lose the sale.
    Even if you could get their country, the 90% of businesses below 100,000 € turnover use PayPal’s ‘buy now’ buttons, rather than a shopping cart, so you wouldn’t be able to display the correct price. It’s coded into the website page, not the shopping cart.
    Most micro businesses are having to bypass this by applying a best guess ‘fudge factor’ to cover VAT and then work it out afterwards. This causes UK and worldwide prices to go up unnecessarily, to compensate for Hungary’s 27%, and is already costing people sales because the digital market is so price-competitive. And it’s a completely unjustifiable level of admin for the sale of, say, a €2.99 e-book.
     
  2. Manually email, to bypass the VATMOSS rules, but actually get the email to arrive.
    We have already seen people whose Yahoo accounts have been blocked for spamming because manually sending a pdf to a stranger (a customer) multiple times a day sets off the spam alerts for the main free email providers. This effectively closes this person’s business until they can get their account unblocked. As requested, we will write to the key email providers for statements on this.
    Even if you can send the pdf, most incoming email servers automatically reject emails with large file attachments from people not in your address book or whitelist, because there is a high risk that these are from spammers or contain a virus file.
    So we have moved from instant downloads with happy customers to grumpy customers who have to wait for a manual email that may or may not ever arrive. Getting a reputation for spam can also cause your email address – and even your website server – to be blacklisted as a spammer, meaning you are then dropped from Google search results.
     
  3. Apply the correct rate of VAT.
    Most of these businesses use PayPal or other very small business shopping carts. Some of these CAN handle country-based VAT, but not until the final stage of the checkout process. And they can’t handle multiple rates per country. If you sell an e-book (with ISBN) and a pre-recorded course to a customer in Italy, the transaction requires two different VAT rates.
    If you sell that same e-book with a live webinar, then the e-book is taxable in the place of supply, but the webinar is exempt from the new rules and is taxable in the business’s country. So you could have two different countries in one transaction. Micro businesses are not set up to handle this level of complexity.
     
  4. Accurately collect the place of supply.
    Customers will quickly realise that, for example, pretending to be in Luxembourg gets them a discount. It is easy for a customer to declare a false address on a web page. It is also easy to use software to fake your IP location. As studies have shown this week, IP addresses are also incorrect in up to 10% of cases.
    And if customers buy during their lunch break at work, most companies use secure VPN instead of IP, so you wouldn’t get the IP data. It’s not available from mobile devices. So the customer’s declared address and the system IP address are not reliable pieces of data.
    And most micro businesses don’t have access to data such as the country code of the landline / mobile used for the transaction or the credit card bank details – and nor should they. These businesses simply cannot comply with the place of supply data collection requirements. And if the customer is buying after clicking an email link then they potentially never visit your website, so you have no way of collecting anything other than their PayPal account address.
    And there are huge concerns with them storing this data for 10 years.
     
  5. Get the Member States to agree on what ‘digitally-delivered’ means.
    The UK HMRC has been helpful and has issued clear guidance, clarifying it and adding definitions each time we have requested them. However, these definitions are quite different to those in, for example, Holland and Spain. In those states, the proportion that is ‘digital’ falls under the law and the proportion that is live doesn’t.
    In the UK, any product with more than minimal human intervention is exempt. A business cannot comply with the different definitions for each of the 28 Member States.

These examples illustrate some of the administrative nightmare that has now hit the smallest businesses, as a direct result of this legislation.

The next size up of businesses have had to fund website developers to create hugely complex shopping carts to handle it for them. But even for them the cost has been huge. One business I spoke to yesterday has just had to pay £100,000 to upgrade their server to handle the data processing needed by the hugely expensive EU VAT-compliant shopping cart they have had to develop. This is still a micro business (turnover < €2,000,000), so the compliance has been a huge hit for them this year. The biggest companies, such as Amazon and iTunes, were already geared-up for international sales, so this transition has been easy for them.

Ironically, a major side effect so far has been driving even more micro businesses into the arms of these 3rd party platforms, hugely cutting the micro businesses’ margins and increasing the profits of those whose behaviour drove the creation of this legislation.

If you have news from the first week of implementation or an idea for the ‘impossible things to do before breakfast’ discussions, please let us know at the EU VAT Action Campaign Group on Facebook.

If you’re not into Facebook, please tell us your news & ideas via the comments below.

Thanks!
Clare Josa & the EU VAT Action Team

Author of the Dare To Dream Bigger Entrepreneur’s Handbook.
 
>>> Contact The EU VAT Action Team <<<
http://www.daretodreambigger.biz/book

EU VAT Update – It’s Time To Crank Things Up A Gear – Find Out How You Can Join In

EU VAT Action Update

January 1st 2015 brought the introduction of the new EU VAT rules, complete with their devastating unintended consequences for the smallest businesses. It’s time to crank things up a gear or 20 – find out how you can join in.

As a result of the campaigning in November and December 2014, the blow was less hard than it could have been, but we have still heard from hundreds of businesses who have already closed because they cannot handle the corporate levels of administration that the changes have brought, and many others who have dropped selling digital goods, which will damage their businesses. And this is just the beginning.

We have achieved some positive concessions, at the sticky-plaster (Band Aid) level, but there are still huge issues facing many businesses, due to the new legislation.

It’s time for the next steps.

The campaign has already grown massively in the past two months and we now have a consultative voice, on behalf of the smallest businesses and sole traders, on key UK committees, as well as having the ear of the EU Commission.

The 2015 campaign aims are:

  1. Immediate: businesses to call their national government to immediately suspend the implementation of the legislation due to the devastating unintended consequences for micro businesses, whilst it is reviewed.
     
  2. Short-term: to obtain a fair and reasonable exemption threshold, to apply worldwide
     
  3. Short-medium-term: to work with the key EU decision-makers to review this legislation from the ground up, reworking it to be practical, fair and reasonable, even for the smallest companies
     
  4. Long-term: to work at a global level to ensure that the other countries who are bringing in similar place of supply VAT legislation learn from the experiences we are having in the EU and avoid repeating the same mistakes.

Although this tax is from EU legislation, we see it as a global problem. And we are seeing more and more nations wanting to apply similar ‘taxation at the place of supply’ models, which could quickly create such an unworkable administrative burden for micro businesses that they become unable to trade outside of their home country. As business owners, we cannot allow the mistakes in the current EU legislation to be replicated internationally. Yet, unless we all take inspired action, that is what will happen.

Over the coming months, we will progress the campaign aims in many ways, including meetings, lobbying, working with politicians, working with the media, getting input into February’s OECD document, Twitter storms (next one likely to be w/c 12th Jan), and much, much more. Please join us on Facebook and keep an eye on our updates here and on our Twitter feed to make sure you know what’s coming next.

But we can’t achieve the campaign goals without you.

How you can help.

Join us – help us get to know you, your business, your unique challenges and how you could help the campaign. And find out how best to make your voice heard – to make a difference. Our campaign group is the ideal place to get answers to your questions, to find out how to get inspired by the Action Challenges, to connect with other businesses and to help each other keep trading and find workable solutions, while the campaign works towards its goals.

Here’s where you’ll find us: EU VAT Action Campaign Group

This is a new Facebook group. The campaign has grown so big that it needed its own space and we would love you to come and join us there.

 
Take Action Now – from signing the petition through to completing the survey through to writing to your MP / MEPs / Congressman through to hassling your payment provider and generally spreading the word, there are so many different ways you can make your voice heard. Here’s some more inspiration.

Today’s Action Challenge – tell us how you could help! If you’ve got an idea for an action people could take, someone we should be speaking to or a skill you could share with the campaign, please let us know via the comments. We don’t pretend to have all the answers and working together is the only way we will co-create the climate for change that is so desperately needed.

Thank you so much, as always, for your on-going support.

Together, we can make a difference.

Clare & the EU VAT Action Team

Author of the Dare To Dream Bigger Entrepreneur’s Handbook.
 
>>> Contact The EU VAT Action Team <<<
http://www.daretodreambigger.biz/book

EU VAT Update – It's Time To Crank Things Up A Gear – Find Out How You Can Join In

EU VAT Action Update

January 1st 2015 brought the introduction of the new EU VAT rules, complete with their devastating unintended consequences for the smallest businesses. It’s time to crank things up a gear or 20 – find out how you can join in.

As a result of the campaigning in November and December 2014, the blow was less hard than it could have been, but we have still heard from hundreds of businesses who have already closed because they cannot handle the corporate levels of administration that the changes have brought, and many others who have dropped selling digital goods, which will damage their businesses. And this is just the beginning.

We have achieved some positive concessions, at the sticky-plaster (Band Aid) level, but there are still huge issues facing many businesses, due to the new legislation.

It’s time for the next steps.

The campaign has already grown massively in the past two months and we now have a consultative voice, on behalf of the smallest businesses and sole traders, on key UK committees, as well as having the ear of the EU Commission.

The 2015 campaign aims are:

  1. Immediate: businesses to call their national government to immediately suspend the implementation of the legislation due to the devastating unintended consequences for micro businesses, whilst it is reviewed.
     
  2. Short-term: to obtain a fair and reasonable exemption threshold, to apply worldwide
     
  3. Short-medium-term: to work with the key EU decision-makers to review this legislation from the ground up, reworking it to be practical, fair and reasonable, even for the smallest companies
     
  4. Long-term: to work at a global level to ensure that the other countries who are bringing in similar place of supply VAT legislation learn from the experiences we are having in the EU and avoid repeating the same mistakes.

Although this tax is from EU legislation, we see it as a global problem. And we are seeing more and more nations wanting to apply similar ‘taxation at the place of supply’ models, which could quickly create such an unworkable administrative burden for micro businesses that they become unable to trade outside of their home country. As business owners, we cannot allow the mistakes in the current EU legislation to be replicated internationally. Yet, unless we all take inspired action, that is what will happen.

Over the coming months, we will progress the campaign aims in many ways, including meetings, lobbying, working with politicians, working with the media, getting input into February’s OECD document, Twitter storms (next one likely to be w/c 12th Jan), and much, much more. Please join us on Facebook and keep an eye on our updates here and on our Twitter feed to make sure you know what’s coming next.

But we can’t achieve the campaign goals without you.

How you can help.

Join us – help us get to know you, your business, your unique challenges and how you could help the campaign. And find out how best to make your voice heard – to make a difference. Our campaign group is the ideal place to get answers to your questions, to find out how to get inspired by the Action Challenges, to connect with other businesses and to help each other keep trading and find workable solutions, while the campaign works towards its goals.

Here’s where you’ll find us: EU VAT Action Campaign Group

This is a new Facebook group. The campaign has grown so big that it needed its own space and we would love you to come and join us there.

 
Take Action Now – from signing the petition through to completing the survey through to writing to your MP / MEPs / Congressman through to hassling your payment provider and generally spreading the word, there are so many different ways you can make your voice heard. Here’s some more inspiration.

Today’s Action Challenge – tell us how you could help! If you’ve got an idea for an action people could take, someone we should be speaking to or a skill you could share with the campaign, please let us know via the comments. We don’t pretend to have all the answers and working together is the only way we will co-create the climate for change that is so desperately needed.

Thank you so much, as always, for your on-going support.

Together, we can make a difference.

Clare & the EU VAT Action Team

Author of the Dare To Dream Bigger Entrepreneur’s Handbook.
 
>>> Contact The EU VAT Action Team <<<
http://www.daretodreambigger.biz/book

Hot Off The Press: Concession From UK HMRC Will Enable More Firms To Keep Trading

Last-minute update from HMRC

Here’s the update we were promised on Christmas Eve! We have been working on this with HMRC and HM Treasury over the past 2 weeks but had to hold off telling you until they had put it in writing, for obvious reasons.

Basically HMRC has agreed that, for those in the UK below the VAT threshold, you can use the information provided by your payment processor ( PayPal or equivalent) as your evidence for proof of place of supply until the end of June.

This is an enormous achievement, due to the thousands of people who have taken action in this campaign, so thank you!

It’s not perfect. It doesn’t fix the rest of the problems. To be honest (see below) HMRC themselves can’t fix most of those. But it WILL allow more people to keep trading, while we all negotiate a reworking of the rules and a sensible threshold.

Here’s the text:
https://www.gov.uk/government/publications/vat-supplying-digital-services-to-private-consumers/vat-businesses-supplying-digital-services-to-private-consumers

Support for MOSS registered micro-businesses until 30 June 2015

UK micro-businesses that are below the current UK VAT registration threshold, and who register for the VAT Mini One Stop Shop (MOSS) may, until 30 June 2015, base their ‘customer location’ VAT taxation and accounting decisions on information provided to them by their payment service provider. This means the business need not require further information to be supplied by the customer.

As payment service providers already collect and hold a minimum of 2 pieces of information about the member state where the customer usually resides, the transitional period, until 30 June 2015, will give micro-businesses additional time to adapt their websites to meet the new data collection requirements.

This is wonderful news for those who have been looking at having to close their doors.

However, the majority of the issues we outlined in our last update still stand, including:

  • We don’t know what the price is until after the sale, because we don’t know the location (and hence VAT rate) until after the checkout
  • We can’t always apply the correct VAT rate because most checkout systems cannot handle the new level of complexity, and most micro businesses are too small to have access to the more flexible ‘big player’ custom-programmed systems
  • You can’t please each EU Member State – many are interpreting the definition of ‘digitally-delivered’ differently
  • The assumptions the EU used to implement the legislation without considering the impact on the smallest businesses and sole traders were fundamentally flawed, because they incorrectly assumed that we don’t trade internationally and that we all use 3rd party platforms – most of whom will not be compliant with the legislation
  • Consumers can still ‘fake’ their IP address (a proof of place of supply) and after this 6 month concession we will still need to have ways to collect and compare the 2-3 pieces of evidence for location
  • The data protection issues have still not been resolved and are a huge cause for concern
  • The administrative burden of having to process even the tiniest transactions to retrospectively apply the correct rate of VAT is unreasonable, compared to the amount of VAT that will be collected from most micro businesses

These issues are beyond the scope of HMRC to include in their initial ‘light touch’ approach and require an urgent re-working of the legislation.

We need each EU Member State’s government to put pressure on the EU decision-makers to remove these unintended consequences and to allow businesses to keep trading in 2015.

We will continue to actively and urgently campaign for a suspension of the legislation, while it is fully reviewed, to make it workable, long-term, with a sensible exemption threshold.

Thank you for your on-going support and positivity. We’ll be bringing you some more action challenges very soon!

Thank you so much for your continued support!

Author of the Dare To Dream Bigger Entrepreneur’s Handbook.
 
>>> Contact The EU VAT Action Team <<<
http://www.daretodreambigger.biz/book