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Re:EU’s New VAT Rules Could Create a Mess for Startups by mahouse on Tuesday November 25, 2014 @10:05AM (#8657970)
> I'm almost considering shutting down sales to EU customers.

Then someone will launch a business that will do the same you do, but complying with regulations.

Taxes must be collected; without taxes, the welfare state collapses. You should know that, to be able to sell something in a market, you must understand its regulations first, and respect the decisions the citizens have taken (in this case, regarding taxes) through democratic ways.

Re:EU’s New VAT Rules Could Create a Mess for Startups by wbond on Tuesday November 25, 2014 @10:30AM (#8658079)
The issue is that I am now subject to collecting taxes for a country that I have nothing to do with. I have never set foot in an EU country, I don't choose to sell to EU customers, they just come to my US-based website and pay in USD. I comply with all of my local tax laws. I can be involved with my local government and affect change. I can't do that in the EU.

The way this is all written, I'll actually have to do work to BLOCK customers from the EU, or face legal issues. It seem more reasonable to require that the people who LIVE in the EU deal with their own local taxes.

Can you imagine having to keep track of tax laws of 195 countries? I'm sure a company like Amazon can deal with that no problem, but self-employed people developing software, music or ebooks are basically screwed and now need to waste a ton of their time trying to figure out exactly how to jump through the ever-changing hoops.

Re:EU’s New VAT Rules Could Create a Mess for Startups by rmc on Tuesday November 25, 2014 @10:58AM (#8658196)
What legal issues? Will the EU take you to court? Will they direct the (say) UK police force to come to your business and sieze property to pay back debts? This isn't going to happen.
Re:EU’s New VAT Rules Could Create a Mess for Startups by wbond on Tuesday November 25, 2014 @11:54AM (#8658466)
Well, if I choose to visit the EU in the future, I presume I could face issues related to tax avoidance?
Re:EU’s New VAT Rules Could Create a Mess for Startups by icebraining on Tuesday November 25, 2014 @12:35PM (#8658648)
They could prevent payment services from allowing EU customers to pay you.
Re:EU’s New VAT Rules Could Create a Mess for Startups by shit_parade on Tuesday November 25, 2014 @01:32PM (#8658946)
Why don't you just charge more? Let them have their welfare state, just make sure they are ones paying for it.
Re:EU’s New VAT Rules Could Create a Mess for Startups by wbond on Tuesday November 25, 2014 @02:49PM (#8659341)
I thought about that issue, but then I would need to detect the country a user is coming from before I show them a price. So now I am into geo-ip for basic web visitors, and even then sometimes the price will be wrong.

If I do it at checkout time, I am performing sort of a bait-and-switch with customers, which would leave a sour taste in my mouth.

I thought about the idea of adding a surcharge for EU customers since I need to deal with all of this. I don't know enough about international tax law to know if this is ok.

However, the issue is really that it is taking up time from providing a product. Sure, I could charge more, but unlikely enough to hire someone to deal with the issues. Instead it would more likely negatively affect the number of licenses I sell, which would again lead to me probably not being able to afford to pay someone to deal with it for me.

In the end it comes down to the fact that the EU is making it significantly harder for small companies or individuals to sell digital goods. In the end we are talking about every person who writes an ebook, sells some piece of software or sells digital music having to deal with these issues.

It seems the EU is stacking the deck against small companies and instead favoring larger organizations that can afford full-time accountants. Or favoring large companies that then sell VAT services to the individual.

Re:EU’s New VAT Rules Could Create a Mess for Startups by shit_parade on Tuesday November 25, 2014 @03:28PM (#8659522)
>It seems the EU is stacking the deck against small companies and instead favoring larger organizations that can afford full-time accountants. Or favoring large companies that then sell VAT services to the individual.

This is a common effect and often an intended one when it comes to regulatory capture and the raising of trade barriers to protect those in power.

Charge more at checkout, EU citizens will either understand or they won't, but they are the ones that need to confront their own laws passed by their politicians.

Re:EU’s New VAT Rules Could Create a Mess for Startups by raverbashing on Wednesday November 26, 2014 @04:27AM (#8661650)
" I would need to detect the country a user is coming from before I show them a price"

You mean, like anywhere in the US where the price shown is without tax and you calculate it afterwards?

Re:EU’s New VAT Rules Could Create a Mess for Startups by honzzz on Tuesday November 25, 2014 @10:49AM (#8658151)
Maybe I am missing something but how could you be subject to collecting taxes for a country that you have nothing to do with? AFAIK, EU laws apply to EU entities. If you are not EU citizen and do not own any EU-registered company, how could they have jurisdiction over you?
Re:EU’s New VAT Rules Could Create a Mess for Startups by nawitus on Tuesday November 25, 2014 @11:40AM (#8658399)
There are no EU laws. Member states create laws from EU directives. These laws often apply to everyone outside the member country. In practise these laws generally don't matter outside the member state, as it would be nearly impossible to enforce them. But the principle does exist, and the laws sometimes are enforced.
Re:EU’s New VAT Rules Could Create a Mess for Startups by honzzz on Tuesday November 25, 2014 @05:58PM (#8660290)
I was using the simplification "EU laws" as a set of laws of the member states (as a citizen of one of those states I know there are no EU laws per se) and what I was asking was how could anyone who has nothing to do with any of the EU states be forced to comply with any of their laws? Why would anyone outside care about them any more than they care about sharia laws enforced in some countries?
Re:EU’s New VAT Rules Could Create a Mess for Startups by MichaelGG on Tuesday November 25, 2014 @11:32AM (#8658359)
The US is the same. Software sales into the US (income from a US source) are subject to US taxes. There's some rules about what exactly constitutes a US source, but from my layman reading it sounds like if you market in the US, you may be required to pay.
Re:EU’s New VAT Rules Could Create a Mess for Startups by e98cuenc on Tuesday November 25, 2014 @10:17AM (#8658015)
He understands that. His problem is that the bureaucracy to comply with the rules is too high, and I agree.

I have a SaaS service in the EU. I have always paid my taxes and I'm not against them. But I want to have a reliable and hopefully simple process to know how to process payments. The proposed changes are a bit PITA to everybody. I hope they will come with a simpler process, as it's scary all that I will have to do to add a foreign EU customer.

Re:EU’s New VAT Rules Could Create a Mess for Startups by Silhouette on Tuesday November 25, 2014 @01:35PM (#8658959)
There is a simpler (not simple) mechanism that is being set up to help administer this scheme. Here in the UK, it's the government's Mini One Stop Shop:

https://www.gov.uk/register-and-use-the-vat-mini-one-stop-sh...

I gather similar schemes are being set up elsewhere in the EU, though I don't know if it's universal.

It appears that as a business that is already VAT registered and filing quarterly returns in the UK, the key points for us will be that:

1. we have to charge VAT to customers elsewhere in the EU at their local rates, which we will be responsible for monitoring in all 28 states;

2. we have to submit all of the VAT to the UK tax authority (HMRC) as we do at present;

3. we have to file an additional quarterly return via MOSS breaking down exactly where our customers/revenues come from, so HMRC can distribute the funds to their counterparts around the EU;

4. we will be required to collect a completely impractical standard of evidence for the location of those customers and will be entirely responsible if and when we fail to do the impossible and it turns out someone lied to us about where they live; and

5. we will be subject to arbitrary audit/investigation by 28 tax authorities instead of just our own, at our own expense naturally (though there is some suggestion that the UK authorities will at least try to co-ordinate this to prevent what they consider an unreasonable burden being imposed).

The real sting in the tail, if I've understood the announcements so far correctly, will be for those who have a low volume of trade and so currently do not have to register for VAT at all. In order to use MOSS, you have to be VAT registered within the UK, and thus either add the current VAT rate onto all your prices when charging customers or take a hit of the equivalent fraction of your existing revenues if you choose to keep prices the same. I really hope I'm wrong about this, but I haven't yet seen anything suggesting that just because you're under the threshold for VAT registration in any/all EU states you'll be exempt from the new funds transfer arrangements, meaning a single foreign customer could suddenly put your entire business within the range of requiring VAT registration.

Re:EU’s New VAT Rules Could Create a Mess for Startups by pbhjpbhj on Tuesday December 02, 2014 @05:02PM (#8690258)
>you have to be VAT registered within the UK //

They're saying you can be registered purely for the VAT MOSS and so account for VAT as if your were unregistered for UK transactions.

I've not read anything on whether you'll be allowed to reclaim VAT on your inputs on e-goods/services you sell with VAT though (which is the usual way VAT registration works, you don't pay VAT on your inputs).

This group https://www.facebook.com/groups/DigitalVAT2015/ seems to be useful to keep track of it all from an SME perspective.

Re:EU’s New VAT Rules Could Create a Mess for Startups by MistahKoala on Tuesday November 25, 2014 @10:37AM (#8658106)
> respect the decisions the citizens have taken (in this case, regarding taxes) through democratic ways

Except the citizens haven't taken that decision: the unelected European Commission has.

We could probably go down the reductio ad absurdum road of highlighting their appointment by someone who got elected somewhere along the way, but this powerful body is in no way directly accountable to citizens.

Some of the British North American colonials had a popular mantra of "no taxation without representation", which might appeal in this situation.

Re:EU’s New VAT Rules Could Create a Mess for Startups by lmm on Tuesday November 25, 2014 @12:05PM (#8658528)
The EC is appointed by elected national governments, no different from how the US President is appointed by the elected Electoral College. Governments who have chosen unpopular candidates have suffered for it in their national elections. Accountability may be indirect, but it is there.
Re:EU’s New VAT Rules Could Create a Mess for Startups by Silhouette on Tuesday November 25, 2014 @01:22PM (#8658892)
The EC is appointed by elected national governments, no different from how the US President is appointed by the elected Electoral College.

No, it really isn't.

When the US people go to the polls to vote for a president, they are voting for the President. There might be some oddities in how the votes are counted, as with any electoral system, but there is no doubt about what position you're voting for or who your vote a certain way will help the most.

The number of levels of indirection involved in the election of European Commissioners and the mandates they receive within the Commission is such that there is really no significant accountability to the general public at all. The reality is that the Commission is often full of failed national politicians who have been given a cushy job as a thank-you from political colleagues when they can no longer credibly run for office in their own country. The "we have to do this, it's a European directive that all national governments must implement" technique has become a standard political tool for introducing unpopular legislation that would cause serious political damage if anyone whose job actually depended on being directly elected were to propose it back home.

Re:EU’s New VAT Rules Could Create a Mess for Startups by adventured on Tuesday November 25, 2014 @12:33PM (#8658635)
In fact it is different from how the US President is elected.

The electoral college doesn't get to choose any person for President. It's a direct correlation vote: do this, get that result. Such is not true with EC appointments. You vote for a national government, then you pray they appointment an EC that you favor, but there is no legally required direct correlation that says they have to appoint X person. You make that point within your own post (where you note that governments who have chosen unpopular candidates suffer), contradicting your claim that it's just like how the US President is elected.

Re:EU’s New VAT Rules Could Create a Mess for Startups by dragonwriter on Tuesday November 25, 2014 @12:57PM (#8658755)
> The electoral college doesn't get to choose any person for President.

Yes, in fact, they do.

> It's a direct correlation vote: do this, get that result.

A lot of people look at it that way, and that's approximately what happens (especially currently), but not because there are any enforced constraints, just because the way electors are chosen gives a very strong likelihood of that effect; historically unpledged electors were a thing [0], and faithless electors remain a thing [1].

[0] http://en.wikipedia.org/wiki/Unpledged_elector

[1] http://en.wikipedia.org/wiki/Faithless_elector

Re:EU’s New VAT Rules Could Create a Mess for Startups by rmc on Tuesday November 25, 2014 @10:58AM (#8658200)
The citizens voted for national parliaments who appointed the EC, and support the EC.
Re:EU’s New VAT Rules Could Create a Mess for Startups by Silhouette on Tuesday November 25, 2014 @01:43PM (#8658998)
Or, if you live in the UK:

1. The citizens vote for a local Member of Parliament to be their representative (the winning MP actually being chosen via the statistically dubious First Past The Post system).

2. The party with the largest group of MPs probably forms the government (except when it doesn't, as with our current coalition administration).

3. The leader of the winning party becomes Prime Minister (except when that leader changes after the election, even if there was an explicit promise before the election that this wasn't what people would be voting for, as with Gordon Brown in the previous administration).

4. The senior executive roles within the government and indirect representatives such as European Commissioners are effectively appointed by the PM and their possibly entirely unelected political advisors.

The idea that European Commissioners have any meaningful electoral accountability at all is crazy. If you don't think so, try this simple test: When our citizens cast their only relevant vote on this matter at the last election in their constituency, was it even possible for them to know the name of the person who would ultimately become the European Commissioner for our country?

Re:EU’s New VAT Rules Could Create a Mess for Startups by rmc on Tuesday November 25, 2014 @02:24PM (#8659209)
> except when it doesn't, as with our current coalition administration

More than 50% of MPs have voted for the current UK Government. Yes, they aren't all in the same party. Many countries have coalition governments, and we have no problem with them. A minority government sounds very undemocratic

Re:EU’s New VAT Rules Could Create a Mess for Startups by Silhouette on Tuesday November 25, 2014 @03:04PM (#8659405)
More than 50% of MPs have voted for the current UK Government.

Right. But that means there is already an average of averages problem, even leaving aside the well documented criticisms of how those MPs are themselves elected. And literally everything beyond that is a matter of political dealing, not representative democracy, so the idea that there is any meaningful democratic accountability at all for the European Commission is still silly.

Re:EU’s New VAT Rules Could Create a Mess for Startups by rmc on Tuesday November 25, 2014 @03:24PM (#8659497)
By that logic the UK isn't democratic. Is any country democratic?
Re:EU’s New VAT Rules Could Create a Mess for Startups by Silhouette on Tuesday November 25, 2014 @05:32PM (#8660161)
No, the UK isn't really very democratic in a literal sense, and nor is anywhere else. That isn't really the point, though, because as far as I know, no-one here is claiming that pure democracy is somehow the idealised form of government. The point was merely that the European Commission doesn't have much of a democratic mandate to impose these kinds of burdens on everyone.

In any case, we're drifting well off the original topic now and I'm not sure this discussion is going anywhere constructive, so I'm going to stop there.

Re:EU’s New VAT Rules Could Create a Mess for Startups by MistahKoala on Tuesday November 25, 2014 @12:30PM (#8658622)
Like I said: reductio ad absurdum.
Re:EU’s New VAT Rules Could Create a Mess for Startups by mahouse on Tuesday November 25, 2014 @11:00AM (#8658208)
The EC is unelected? Please, educate yourself.
Re:EU’s New VAT Rules Could Create a Mess for Startups by MistahKoala on Tuesday November 25, 2014 @12:29PM (#8658620)
Remind me how citizens voted for it?
Re:EU’s New VAT Rules Could Create a Mess for Startups by Igglyboo on Tuesday November 25, 2014 @10:27AM (#8658065)
He's not shutting down because of taxes, he's shutting down because the burden of collecting taxes is too high and solely on the business owner.