Do you charge Sales Tax / VAT / GST or are you breaking the law?

41 replies
Hi All!

I was just wondering how many warriors charge Sales Tax / VAT / GST on the products they sell?

I know clickbank automatically adds the applicable sales tax based on the buyers location. Unfortunately this means UK businesses who sell through clickbank will lose out as we cannot claim the VAT back.

Does anyone know of any payment processors that automatically add on sales tax during checkout that a UK business could use?

Thanks,

Adam
#breaking #charge #gst #law #sales #tax #vat
  • Profile picture of the author AlwaysAwa
    Sad to know that adam. Here in Singapore any income form oversea is tax free. However, if the traffic is local that another story.

    51% rule (51% must be from foreign).
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    • Profile picture of the author Adam Kalel
      Sorry AlwaysAwa, but if you sell digital products to customers in a country with sales tax you're liable for that sales tax (provided you earn over a certain threshold) - it doesn't matter what country your business is based in.

      Thanks for your reply. Singapore looks like a beautiful place, I'd love to visit it one day!

      Does anyone have a system to collect and record sales tax or does everyone think that they can avoid it if they're in a different country?
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      • Profile picture of the author J Bold
        Originally Posted by Adam Kalel View Post

        Sorry AlwaysAwa, but if you sell digital products to customers in a country with sales tax you're liable for that sales tax (provided you earn over a certain threshold) - it doesn't matter what country your business is based in.
        No, there's no hard and fast rule that you're liable. It's different everywhere. Each country has it's own laws and regulations. Of course there are thresholds for foreign sellers for the UK, but some countries will not require this, at all.

        Best to talk to your accountant, wherever you're based.
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        • Profile picture of the author Adam Kalel
          Thanks for the further replies.

          I'm simply amazed at how many people aren't aware of their tax obligations, or have received bad advice from their accountants

          Perhaps it's a case of people burying their heads in the sand trying to avoid an unpleasant subject but you need to be aware of the rules regarding sales tax.

          @Tim_Carter and @redicelander - sorry, but you are both wrong. If you make sales to customers in EU countries then you are liable to pay VAT on those sales.

          The place of business for a digital download is defined as the location of the customer's computer. If they're in the EU, you have to comply with EU tax laws.

          See HM Revenue & Customs

          And it seems that the threshold is being removed. From December 2012, you will be liable for UK VAT no matter how small your sales volume. See Removal of VAT registration threshold for non-UK business

          What's worse, is that none of the payment processors I've spoken to seem to be aware of this. I'm looking for a payment processor that will automatically add on the applicable sales tax based on the customer's location. So far, they've all told me that "sales tax is the vendor's responsibility, and should be included in the final price of the product" - how is this possible when the tax depends on the customer's location?

          I am a wrong, I do apologise. Please someone prove me wrong, as it would make my business so much easier not having to deal with the many different types of tax!
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          • Profile picture of the author Joe R Piercey
            In Australia as a sole trader you dont have to register for GST if you earn less than 75k...

            joe
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          • Profile picture of the author J Bold
            Originally Posted by Adam Kalel View Post


            @Tim_Carter and @redicelander - sorry, but you are both wrong. If you make sales to customers in EU countries then you are liable to pay VAT on those sales.

            Sorry, no. Does the EU cover every country in the world?

            What I'm saying is, you seem to be saying every country in the world works the same way, which obviously is not true. That is what I'm saying.

            I'm not liable for sales tax in every single country with sales tax if somebody buys my product from those countries, unless they have laws that state I am. And not every country does. Get it now?
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            • Profile picture of the author Adam Kalel
              Hi @kochtgr and @redicelander - I'm not trying to cause an argument, but unfortunately you're both wrong. Sorry! I wish you were right and I could charge less for my products.

              @kochtgr - the system you suggest is correct for most products and services, but digital downloads are an exception.

              @redicelander - you are liable for VAT for sales of digital products in EU countries. Yes, they have laws that say you are. Yes, this covers every country in the world. Sorry.

              @Kim - very funny

              Sorry to be the bearer of bad news for everyone, but don't shoot the messenger. I started this thread to see if anyone had any solutions to the problem. I only used a provocative thread title so that people would read it.

              Anyway, some of the more complex shopping cart systems (like 1ShoppingCart and PremiumWebCart) allow the vendor to charge sales tax based on the location of the customer so I've found a solution.

              Thanks for your comments, feel free to ask me if you have any questions, but I'd advise everyone to speak with an accountant.
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              • Profile picture of the author SteveJohnson
                Originally Posted by Adam Kalel View Post

                @redicelander - you are liable for VAT for sales of digital products in EU countries. Yes, they have laws that say you are. Yes, this covers every country in the world. Sorry.
                EU countries may SAY that I'm liable, but I'd like to see a foreign tax collector come to my door in Idaho and TRY to collect

                EDIT: If I were in that situation, though, I'd probably curtail any planned visits to EU countries LOL
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          • Profile picture of the author Tim_Carter
            Originally Posted by Adam Kalel View Post

            Thanks for the further replies.

            I'

            @Tim_Carter and @redicelander - sorry, but you are both wrong. If you make sales to customers in EU countries then you are liable to pay VAT on those sales.
            edit - it appears that for B to C transactions I should be doing this but not B to B. So how do I know which is purchasing from me? As far as I know they are all businesses run under their own name or a company name.

            But for the piddly amount of sales to the EU there is no way on earth I am going to act as a tax collector to the EU. SCREW the EU tax man!! As long as I comply with Canadian tax laws there is unlikely to be a tax man knocking on my door..
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      • Profile picture of the author Joe Mobley
        Adam, you are an accountant or attorney with specialization in International tax law?


        Originally Posted by Adam Kalel View Post

        Sorry AlwaysAwa, but if you sell digital products to customers in a country with sales tax you're liable for that sales tax (provided you earn over a certain threshold) - it doesn't matter what country your business is based in.
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        • Profile picture of the author Adam Kalel
          Originally Posted by Joe Mobley View Post

          Adam, you are an accountant or attorney with specialization in International tax law?
          Nope, but my accountant and attorney both are.

          I'm amazed at how many people are of the "screw you EU" attitude - but I really doubt they are going to be coming round to collect.

          The reason I'm making a big deal of it is that I'd like to find a payment processor that takes the sales tax out before paying affiliate commissions. Otherwise, the affiliates get 50%, the VAT man 20% and I'm only left with 30 cents from every dollar. Out of that I've got to pay costs (my product is expensive to produce) and corporation tax... It's hard work running a business
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  • Profile picture of the author JasonParker
    According to my accountant I only have to pay sales tax for customers who buy who live in my State.

    But I don't charge sales tax.

    I pay it out of pocket quarterly and it's like a few bucks.
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  • Profile picture of the author Adam Kalel
    Hi Jason,

    Thanks for your reply. You should check with your accountant though as that information might be false. It depends on the volume of your sales, but if you meet the threshold you'll be liable for paying sales tax in that country.

    For example, if you sell more than the VAT threshold in the UK (currently £73,000) to UK based customers, you have to pay UK taxes of 20% (£14,600) no matter what country your business is based in.

    The threshold for the UK is high, but I think there are some European countries with very low thresholds (Norway I think has no threshold, you are liable if you make any sales there).
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    • Profile picture of the author Val Wilson
      Originally Posted by Adam Kalel View Post

      For example, if you sell more than the VAT threshold in the UK (currently £73,000) to UK based customers, you have to pay UK taxes of 20% (£14,600) no matter what country your business is based in.
      My understanding is that this is only if you are selling your own products - if you are an affiliate for someone else's product, then you do not have to charge VAT - but I haven't been able to get this confirmed. If anyone knows for sure whether this is correct or not, I'd be interested to hear.
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    • Profile picture of the author Kim Standerline
      Hi Jason

      When I had my membership sites, my accountant checked with the tax office and because most of my customers where from overseas etc I was a special case and didn't have to register for VAT. (Only a few of my customers where from the UK)

      Kim

      Originally Posted by Adam Kalel View Post

      Hi Jason,

      Thanks for your reply. You should check with your accountant though as that information might be false. It depends on the volume of your sales, but if you meet the threshold you'll be liable for paying sales tax in that country.

      For example, if you sell more than the VAT threshold in the UK (currently £73,000) to UK based customers, you have to pay UK taxes of 20% (£14,600) no matter what country your business is based in.

      The threshold for the UK is high, but I think there are some European countries with very low thresholds (Norway I think has no threshold, you are liable if you make any sales there).
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  • Profile picture of the author Adam Kalel
    Thanks Val and Kim for your views.

    Val - as an affiliate it's unlikely you'd be liable for VAT. But if you and the product vendor are both based in the EU and you make over $100,000 you should probably check - you should be able to afford it

    Kim - you're quite right, unless you sell enough to meet the threshold, you don't need to register or pay VAT.

    As a product vendor myself, I'm liable for VAT/Sales Tax/etc if my sales volume goes over the threshold. This is a bit of a pain when selling with affiliates as a high proportion of the ticket price already goes to them.

    For example, if affiliates get 50% commission on my products and we make £73,000 of sales to people in EU countries - the affiliate gets £36,500, the taxman gets £14,600 and I'm left with £21,900. Out of this come the costs of creating the product and running the site (probably around £50,000 in my case) and then I have to pay corporation tax on any profits.

    Does anyone know of any payment processors that automatically add the applicable Sales Tax based on the customer's location? I know Clickbank does (but they also keep the money!)
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  • Profile picture of the author Quentin
    Always pay taxes that are owed.

    Quentin
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    • Profile picture of the author Centurian
      Every jurisdiction has different laws and regulations.

      Obviously, you need to familiarize yourself with each one you do business in.
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  • Profile picture of the author Tim_Carter
    I know for certain that I only have to charge GST for sales taking place in Canada (Canadian ip Address). I am not responsible for collecting any other tax.

    Paypal handles that for me. I also run it through an ip address program to make sure I am in compliance. Doesn't amount to a hill of beans because most of my clients are in the USA and UK.
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  • Profile picture of the author WillR
    Adam,

    In Australia we have a tax called GST (goods and services tax). It is 10% of the purchase price for goods or services consumed within Australia. I only have to collect GST for any sales made to Australian customers however as the poster above noted, I do not have to register for GST unless I am doing over $75,000 worth of sales to Australians which I am not. The majority of my sales are all overseas where no GST needs to be collected.

    If I purchase something from an International website I am not going to get charged GST on that purchase because that business is not in Australia. GST is an Australian tax and is a tax collected by Australian businesses for the Australian government. In fact there is a big debate about this at the moment because Australian retailers are saying they can't compete with international retailers because they don't have to charge GST so their prices are always lower.

    That is the only tax I am liable to collect. I don't need to collect taxes for the governments in every country I sell my products in. What you are saying is I need to collect taxes for other governments but how are they then going to get those taxes when I do my tax through the Australian taxation system? I am not registered for tax in other any other countries so I do not need to charge it. I am taxed under the Australian taxation system and that means I have to pay Australian taxes, the only one for goods and services being GST.

    Having said all of that, this may be different for different countries so I can only tell you how things work here.
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    • Profile picture of the author Adam Kalel
      G'day Aussies!

      I think there is the possibility of confusion here because of the thresholds before a business is liable to pay GST / VAT.

      Just like the GST threshold, In the UK the VAT threshold is £73,000. Until you make this value of sales to UK customers you are not required to register for VAT. However, this threshold is to be removed in December so all businesses selling to UK customers will be liable for VAT. I'll have to check with my accountant but I believe there are some EU countries without a VAT threshold, so if you make any sales there you are liable for VAT in those countries.

      This legislation came into force on July 1, 2003 - for the exact same reasons @WillR pointed out - EU businesses were complaining they could not compete with non-EU businesses that did not charge sales tax.

      It sounds like foreign businesses are not yet liable for GST in Australia, and I'm not sure about the USA (although there are states that charge sales tax on digital downloads, such as New Jersey).

      Now the question is, if we are liable to collect and pay VAT for any customers in EU countries, with 25 different levels of tax (from 13% to 25%) how on earth are we supposed to apply the correct level of tax at the checkout, especially as all the payment processor companies I've asked about this don't know/don't care about sales tax?
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  • Profile picture of the author kevinw1
    Adam, that's very interesting info about removing the VAT threshold in the UK, and that one is supposed to charge VAT when selling to other EU countries - I had no idea. Presumably one is then supposed to make some kind of a tax return to those countries, and remit the tax. Lordy, one tax return is bad enough!

    It seems an odd way of going about things. I'm in Canada and if I order something from outside Canada and it's over a certain value, I get charged GST and the deliverer (Canada Post, Fedex, whatever) collects the tax and sends it to the Canadian govt. It all happens within the country. Requiring millions of businesses outside my country to register and collect tax seems backwards.
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  • Profile picture of the author Adam Kalel
    Hi @Kevinw1,

    It might seem an odd way to go about things, but it's not often a government will pass up the opportunity to collect tax ;-)

    It's going to be very complicated to keep track of all the different tax rates and returns, but mostly I can't see how the governments are going to enforce it. Can you imagine a UK HRMC official flying to Canada to arrest you for tax evasion over a few pounds?
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    • Profile picture of the author Kim Standerline
      It probably wouldn't stop the US looking at their recent history!!!

      Kim

      Originally Posted by Adam Kalel View Post

      Hi @Kevinw1,

      It might seem an odd way to go about things, but it's not often a government will pass up the opportunity to collect tax ;-)

      It's going to be very complicated to keep track of all the different tax rates and returns, but mostly I can't see how the governments are going to enforce it. Can you imagine a UK HRMC official flying to Canada to arrest you for tax evasion over a few pounds?
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    • Profile picture of the author kochtgr
      Originally Posted by Adam Kalel View Post

      Hi @Kevinw1,

      It might seem an odd way to go about things, but it's not often a government will pass up the opportunity to collect tax ;-)

      It's going to be very complicated to keep track of all the different tax rates and returns, but mostly I can't see how the governments are going to enforce it. Can you imagine a UK HRMC official flying to Canada to arrest you for tax evasion over a few pounds?
      Actually I am pretty sure that it doesn't work that way. As far as I know when an EU based business (it must work in the same way in UK too) buys from a business out of Europe it is the EU Business liable to vat tax not the seller which means that the invoice that the seller will send will not have a vat tax but when the EU business makes its report for vat it will have to pay vat for every buy out of europe. So if you buy something worth 100$ you will pay that 100$ to the seller from USA for examble but when you make your vat report you will have to pay additional 20 dollars which is as far as I know the UK vat rate. This is what happen in EU states so it must be the same for UK too...
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  • Profile picture of the author Ruka
    Originally Posted by Adam Kalel View Post


    I know clickbank automatically adds the applicable sales tax based on the buyers location. Unfortunately this means UK businesses who sell through clickbank will lose out as we cannot claim the VAT back.

    Does anyone know of any payment processors that automatically add on sales tax during checkout that a UK business could use?

    Thanks,

    Adam
    Adam, is there any reason why you can't use Clickbank as your payment processor?

    This would fix your problems. When you sell your product through clickbank, legally clickbank are the "owner" of the product, and they collect the VAT and pay it to the government. I agree it is complicated, but luckily clickbank take care of it all for you! Because of this legal set-up, it means that you or your company are not liable to pay this VAT, because clickbank has already paid it.*

    *of course, check with your accountant first

    ChickenLittle
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  • Profile picture of the author wizzard74
    Adam,

    Are you registered for VAT?
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  • Profile picture of the author KevL
    Hi Adam

    I'm in the UK too

    See this:

    Exports, dispatches, supplying goods abroad: charging VAT
    If you sell, supply or transfer goods out of the UK to someone in another country you may need to charge VAT on them. Generally speaking, you can zero-rate supplies exported outside the European Union (EU), or sent to someone who's registered for VAT in another EU country, provided you follow strict rules, obtain and keep the necessary evidence, and obey all laws.

    For more see: HM Revenue & Customs: Exports, dispatches, supplying goods abroad: charging VAT

    Thanks

    Kev
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    • Profile picture of the author Ruka
      Originally Posted by KevL View Post

      Hi Adam

      I'm in the UK too

      See this:

      Exports, dispatches, supplying goods abroad: charging VAT
      If you sell, supply or transfer goods out of the UK to someone in another country you may need to charge VAT on them. Generally speaking, you can zero-rate supplies exported outside the European Union (EU), or sent to someone who's registered for VAT in another EU country, provided you follow strict rules, obtain and keep the necessary evidence, and obey all laws.

      For more see: HM Revenue & Customs: Exports, dispatches, supplying goods abroad: charging VAT

      Thanks

      Kev
      I expect you realise this, but just to be clear, for a UK business you can't zero-rate goods sold direct to EU people, who are just normal people not VAT-registered businesses. So this would be most likely all of your EU sales if you are selling digital goods on the Internet straight to consumers (not business to business).
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      • Profile picture of the author KevL
        Originally Posted by chickenlittle View Post

        I expect you realise this, but just to be clear, for a UK business you can't zero-rate goods sold direct to EU people, who are just normal people not VAT-registered businesses. So this would be most likely all of your EU sales if you are selling digital goods on the Internet straight to consumers (not business to business).
        Yup but Adam is talking about worldwide sales, not just EU - unless I'm mistaken
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    • Profile picture of the author Adam Kalel
      Wow - it's busy on here this time of day!

      @chickenlittle - Thanks for the suggestion, but it's actually because Clickbank charge VAT on your behalf that I'd prefer not to use them as a payment processor (and their fees are quite high, and I like two-tier affiliate programs). Because Clickbank charge the VAT, I can't claim it back on my purchases so I end up losing out.

      @wizzard74 - Not yet, I'm just anticipating ahead. If a non-EU business wasn't liable for VAT I'd use my US company to run the website, but as it would be liable I'm going to use my UK company.

      @KevL - Thanks for the link, I'm still trying to work out if my UK company would be liable for sales tax on digital products in other countries (the laws are different for digital products), I don't think I'm liable for Australian GST, I'm yet to confirm other countries.
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      • Profile picture of the author Ruka
        Originally Posted by Adam Kalel View Post

        Wow - it's busy on here this time of day!

        @chickenlittle - Thanks for the suggestion, but it's actually because Clickbank charge VAT on your behalf that I'd prefer not to use them as a payment processor (and their fees are quite high, and I like two-tier affiliate programs). Because Clickbank charge the VAT, I can't claim it back on my purchases so I end up losing out.
        I see, so you've got reasons for not wanting to use Clickbank. In that case, I'd get an accounting program to import your data from your merchant account. Then I'd hand the lot over to an accountant to work out the sales tax, it's a nasty job! & get VAT registered with the UK government of course.

        My understanding is that UK companies would only pay sales tax (VAT) for the customers based in the EU, but of course check with your accountant.

        Also - paper books are zero-rated for VAT, but unfortunately digital products like ebooks are not zero-rated, gah!

        HTH!
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        • Profile picture of the author KevL
          @chickenlittle - Thanks for the suggestion, but it's actually because Clickbank charge VAT on your behalf that I'd prefer not to use them as a payment processor (and their fees are quite high, and I like two-tier affiliate programs). Because Clickbank charge the VAT, I can't claim it back on my purchases so I end up losing out.
          Why does the fact that clickbank charge the VAT mean you can't charge it on your purchases? If you're VAT registered then you claim back 20% on all of your purchases, regardless. Doesn't make a difference whether you're using a retail network which charges the vat on your behalf or not, surely?

          As long as HMCE get their slice of the pie, why would they care whether you collect it directly or CB collect it on your behalf? You're still getting 20% less than you would be if VAT didn't apply, regardless of whether you're selling direct or via CB.
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      • Profile picture of the author KevL
        Originally Posted by Adam Kalel View Post

        @KevL - Thanks for the link, I'm still trying to work out if my UK company would be liable for sales tax on digital products in other countries (the laws are different for digital products), I don't think I'm liable for Australian GST, I'm yet to confirm other countries.
        No probs,

        You thought of using clickbank? See this:

        Vendors are not required to file any returns with the EC for sales made through ClickBank. ClickBank, acting as the retailer of your product or service, must comply with the Directive. We handle all compliance requirements. We determine if VAT applies, and at what rate. We then collect the tax, file a return with each of the 15 countries in the EC, pay the tax, and handle any foreign currency exchange issues.

        ClickBank and VAT - FAQ
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        Small business SEO / Web Marketing Tips.
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  • Profile picture of the author wizzard74
    Adam take a look at this, probably clearer than the guidance on the HMRC site, this is quite an old article so don't know if anything has been updated since then:

    VAT: Digital services or downloadable products
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  • Profile picture of the author Alex Kage
    In my country there are hundreds of taxes, sooo, technically, I prefer not to give these guys any more money than they get from the people.
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  • Profile picture of the author AppsFromHome
    This is always a sticky subject with IMers and there are so many variables depending on your location, payment methods, services, etc...

    It's best to consult a lawyer...and in most cases, they'll set up a more effective system for you to keep as much money as possible.
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  • Profile picture of the author KirkMcD
    You are wholesaling the product to Clickbank. They are your customer. CB is selling to the end user.
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  • Profile picture of the author wizzard74
    Adam,

    Simple solution, don't sell your product through clickbank.
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