Quote:
Originally Posted by Barry-xlovecam
''an educational service that is obtained via the internet in the form of a teacher providing tuition'' stop right there.
If you are a business selling to a consumer a digital service, a b2c sale, it is VAT taxable, if your business domicile is in the EU. There are some Article 98 exceptions granted by individual EU member states, but they are narrowly drafted to specific instances -- such as what you quoted -- educational tuition services. Camgirls teaching customers to fap better won't fly as ''educational tutoring.''
Threshold minimums apply to all VAT taxable sales. So, you don't need loopholes -- just annual sales under the minimum thresholds of each member state.
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I didn't get that from the example, at all, to apply to "educational tuition". The very next statement said the basis for the decision which was (and should certainly be read):
"
The service will nonetheless not be regarded as an ?electronic service? because it cannot be regarded as essentially automated."
By that reasoning cam sales fall under the same line of thinking, you cannot have a cam session without human interaction the entire time. And for the life of me I can not find where they talk about Human Interaction type sales not falling under electronic sales umbrella. I just was researching this today though and came across several links so it's somewhere in my history.
Listen, I'm with you, the EU is entirely stepping over their boundaries and I don't think they can do a damn thing to US citizens. I don't know what happened with AFF but I'm sure it is more complicated.
But Barry, not even you seem to understand this law. Because the big deal from this website...
Distance selling EU VAT thresholds - Avalara VATLive
Is that digital/electronic sales have NO minimum. I quoted it twice in this thread already. No minimum, pay for every sale starting in 2015.
For every lawyer out there that will defend this VAT there will be two more to tear it down... and an argument about if digital services meets the "definition" of what the merchant believes is digital/electronic is certainly up for debate.
Personally and IMO, I see very few US judges taking the EU VAT side over US business owners.