Live data from Hacker News

Patreon to Europe on #VATMOSS: “Not our problem, mate.”

idea15.wordpress.com

51–60 of 69 posts

Re: Patreon to Europe on #VATMOSS: “Not our problem, mate.”

#51
post #48

If you're using Stripe or Paypal, you can use Quaderno ( https://quaderno.io ). We're #VATMOSS complaint and help you to calculate VAT rates and track all the customer location evidences. Let me know if you have any questions.

Do you plan more integrations (e.g. Paymill)?

Yes! In fact, we're already working on it.

Re: Patreon to Europe on #VATMOSS: “Not our problem, mate.”

#52
post #22

"Aside from the hideous administrative burden Patreon has now forced onto their European users..." Hyperbolic much? Way to blame Patreon for the arduous EU tax policy.

I forgot to include the part where every EU creator will also be obliged to register as a data controller with their national data protection authority, to ensure proper reportage and archiving of the VAT invoices which must be kept in a retrievable format for 10 years. Compliant marketplaces take care of that for you so that the individual seller/creator does not have to register as a data controller.

Nothing has changed in this regard. If you need to be registered as a data controller now, you should have been before 2015 too.

Re: Patreon to Europe on #VATMOSS: “Not our problem, mate.”

#53

Earlier quoted context omitted.

Even their own tax page (linked to below) says that donations are considered earned income. HMRC does not care where it comes from or what it's called. It's income.

I agree it's income, but it's also a tip. Like if I sent $5 to your Paypal account directly. You need to declare that, but does Paypal care whether I owed you $5 or it's income? Good question actually. What's Paypal doing about VAT?

I can only answer for the UK, but we have to go back to last autumn, when everyone started finding out about VATMOSS at all. HMRC did not communicate anything about EUVAT to anyone but businesses above a certain size which were already VAT registered. Their estimate was that only 34k business would be affected. So part of the outcry was the fact that marketplaces, gateways, and payment processors were not advised or consulted. They found out the same time everyone else did, in the same way everyone else did. One of them was PayPal, who were expected by the EU to be compliant in time for 1/1/15. This was news to them. HMRC were forced to admit they had no idea that gateways like Paypal did not already capture the information required to create the place of supply burden of proof, nor that your average non-technically minded microbusiness knew how to handle the API and the information passing through it. http://www.clarejosa.com/articles/from-passion-to-purpose/up...

One would hope that by now that it's all been sorted.

Re: Patreon to Europe on #VATMOSS: “Not our problem, mate.”

#54
post #47
post #35

Earlier quoted context omitted.

It may be a bit of hyperbole, but they are basically abandoning their EU users. It's a lot more arduous for individual content creators to track down and store VAT information for hundreds of $5 purchases than it is for the marketplace enabling those purchases to do so. Why not just cut-off EU users?

The rule is about place of supply, so any Patreon user receiving donations from people in the EU is presumably also supposed to register with VATMOSS and collect and pay VAT. Arguably Patreon aren't only abandoning users based in the EU, but users everywhere in the world with patrons there. I say "arguably" because of course I've no idea how that borderline-crazy rule is supposed to be enforced. (And I may be misunde…

every time I account for a digital purchase I make from a US company and mark it down as "zero-rated" for VAT. It's not zero-rated as far as my government is concerned; the seller just didn't bother to charge the VAT and as the buyer it's not my problem.

Except that as soon as you became a VAT registered business it legally became your problem ;-) You have to "reverse charge" the VAT for those non-EU supplies and include them on your VAT return: https://www.gov.uk/vat-imports-acquisitions-and-purchases-fr...

Nearly all of my own purchases are subject to this and it's a bit of a pain in terms of admin overhead, but the good news is in many - but not all - cases the net financial position is the same as if you hadn't paid, since you can reclaim the reverse charged VAT.

Re: Patreon to Europe on #VATMOSS: “Not our problem, mate.”

#55

Earlier quoted context omitted.

Why is it reasonable to expect Patreon to manage compliance and liability for such a law? If the EU wants to destroy commerce, that should be within the province of its citizens to address... oh wait. There's the problem.

Because that's what EU law, and its member states, have decreed. For example, here is the guidance from HMRC in the UK. https://www.gov.uk/government/publications/vat-supplying-dig... Per this law, the third party marketplace/gateway is responsible for compliance and liability. That is how everyone in the EU affected by the law views it, and it is why most marketplaces and platforms are slowly but surely coming into…

> Because that's what EU law, and its member states, have decreed. For example, here is the guidance from HMRC in the UK.

But Patreon is not in the EU's jurisdiction and therefore isn't subject to their laws (with the exception of any treaties that the US has with the EU).

> …hired a consultancy firm whose raison d'etre is tax avoidance…

You keep saying that like it's bad. The whole point of tax accountants is make sure that a business or individual pays the minimum legal amount they have to.

Re: Patreon to Europe on #VATMOSS: “Not our problem, mate.”

#56

Patreon is the U.S. and not subject to European laws. Patreon is also really just a distributor of money, they don't provide the person with a service. Why is a person with a web design business looking to use a site used to help artists who have trouble connecting art and normal business income? Finally she tweeted about how many people saw that blog post and said she should have included a tip jar. It really seems…

Not really, every business with European based customers needs to comply with EU vat https://quaderno.io/blog/is-your-business-ready-for-the-new-...

Well, so says the EU, but extraterritorial jurisdiction issues are very complicated and ultimately require cooperation between different countries to ever enforce.

Re: Patreon to Europe on #VATMOSS: “Not our problem, mate.”

#57
Do you think is practical to build an internal invoice system that takes care of the whole VATMESS? How long do you think it'd take a single developer to do it?

I know that there are many different services like the ones in this thread, but as a single developer, on a bootstrapping project they'd still be out of budget

Re: Patreon to Europe on #VATMOSS: “Not our problem, mate.”

#58

Earlier quoted context omitted.

Because that's what EU law, and its member states, have decreed. For example, here is the guidance from HMRC in the UK. https://www.gov.uk/government/publications/vat-supplying-dig... Per this law, the third party marketplace/gateway is responsible for compliance and liability. That is how everyone in the EU affected by the law views it, and it is why most marketplaces and platforms are slowly but surely coming into…

> Because that's what EU law, and its member states, have decreed. For example, here is the guidance from HMRC in the UK. But Patreon is not in the EU's jurisdiction and therefore isn't subject to their laws (with the exception of any treaties that the US has with the EU). > …hired a consultancy firm whose raison d'etre is tax avoidance… You keep saying that like it's bad. The whole point of tax accountants is make s…

This is where the reciprocity promised to the world by the US over FATCA (the US's extraterritorial tax law) may begin to rear its head. Every bank and financial system in the world has had to comply with US tax law with no choice. Sooner or later the world is going to want to claw back the money it has had to spend on compliance.

Re: Patreon to Europe on #VATMOSS: “Not our problem, mate.”

#59
post #9
post #6

Earlier quoted context omitted.

Surely, if PwC is wrong, and Patreon is responsible (which seems this way) and HMRC decides to investigate, they will go after Patreon, and not individual users?

Except Patreon is not in their jurisdiction, but their victims are.

Correct, although I'd be very surprised if this actually happened. HMRC has enough trouble staying on top of non-compliance and lost taxes in the UK, let alone chasing people for VAT due in other EU states. I can't imagine HMRC being too quick to rush to become a debt collector for other EU states.

Bear in mind that if people merely keep operating now as they did in 2014, HMRC loses nothing - it's only the tax authorities in other EU states who lose out. While no-one should take this as legal advice, I suspect all we'll see is other EU tax authorities taking action against the biggest non-compliers rather than individuals.

Re: Patreon to Europe on #VATMOSS: “Not our problem, mate.”

#60

If you're using Stripe or Paypal, you can use Quaderno ( https://quaderno.io ). We're #VATMOSS complaint and help you to calculate VAT rates and track all the customer location evidences. Let me know if you have any questions.

What if I need to do some extra customization or if I want to disclose the final amount to my customers, do you offer something like that?
Post reply on HN