1.1.2015 – EU MOSS VAT Change Compliance
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Hi everyone. This topic concerns any company or individual who sells any kind of digital service to EU customers. So this also applies (at least in theory – because enforceability is not yet known)to non EU residents/companies selling any non hardware good to the EU.
So far for digital services – the location of the company in B2C trade was the determining factor on the VAT rate. Now for any transaction it will be based on the location of the customer.
The location needs to be proofed by TWO independent factors. For s2member and paypal this would mean e.g. IP address conforms with the country of the payment address in the paypal profile. Other possibilities would be if there could be an obligatory country field for the customer to enter – and that matches the IP. Or landline (not mobile!) telephone number country code matches address or IP.It will be illegal to sell any e-services (such as a membership) to EU customers without before knowing if a) they are private or business customer b) have 2 independant (as given above) non conflicting factors to determine their location.
This really needs to be checked by s2member.
Also there would be a need to block people from some EU countries (e.g. Poland) who have invoice regulations that are so complicated that I cannot conduct business with Polish customers anymore – as any sale would mean a loss to me due to administration overhead.
So s2member should block customers from country XX to checkout.
Of course while in theory any non EU company/private selling e.g. a membership for a site to people in the EU (also to tourists traveling through the EU!!!!) – it will be difficult to enforce for EU bodies. They did announce however to specifically work together with US law enforcement agencies to get US companies to comply and use spiders/bots to track this down.
The best resource about the changes I have found here:
https://www.taxamo.com/blog/But basically if s2member is not able to follow the law here, dropping Paypal, Stripe or any other payment gateway that does not follow the law is the only solution. So far only markets such as the Apple Appstore, Google Play or Amazon marketplace take over that tax/invoice work.
And I know even less what to do with all subscriptions. Probably I will have to cancel them all and ask to reapply under new EU terms.
Basically if there are no easy solutions, my business is ruined.
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