Hi everyone, hope you all had a good weekend
A couple of new questions came in since my last round up and I’ve pasted these along with answers below. I’m going to un-sticky the thread today but I’ll loop back tomorrow one last time to check for any new questions. After that, please email taxinfo@envato.com. Thanks!
randomnoise said
Is there any update on how past VAT issues will be handled? (By ‘past’ I mean transactions before January 1st 2015).
Hi randomnoise, we don’t have any updates since our last announcement, but we’ll let you know as soon as we do. We expect this to take some time as dealing with an authority is generally not a fast process unfortunately. As Collis explained previously, we are working to resolve historic issues with the relevant EU Member States, we aren’t seeking recourse from authors, and we will work to support authors in the event they are audited or need documentation about the past. Hope this helps! 
bqworks said
@randomnoise, you raise a very important issue and I’ve posted on the topic of who is the actual seller/supplier a few pages back, but my post was ignored so far. I’ll post my message again:
I’ve seen it mentioned several times that this is a 2015 change in the EU law, which I don’t think is quite correct. The actual 2015 change in the EU law refers to the place of supply: whether the supplier’s location is considered to be the place of supply or the buyer’s location is considered to be the place of supply. Before 2015, the supplier’s place was considered to be the place of supply, so VAT had to be charged at the rate of the country where the supplier is registered, but, as of 2015, the buyer’s place is considered to be the place of supply, so VAT has to be charged at the rate of the country where the buyer resides.
<p>Who is considered to be the actual supplier is not changed by the new law, there are only some new clarifications. Article 28 from <a href="http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006L0112" rel="nofollow">Directive 2006/112/EC of 28 November 2006</a> states this: <em>“Where a taxable person acting in his own name but on behalf of another person takes part in a supply of services, he shall be deemed to have received and supplied those services himself.”</em> So, from my understanding, even according to the old law, Envato is considered the supplier. In the new law, there are some additions that elaborate on Article 28 from the old law:</p>
<p><em>“<strong>For the application of Article 28 of Directive 2006/112/EC</strong>, where electronically supplied services are supplied through a telecommunications network, an interface or a portal such as a marketplace for applications, a taxable person taking part in that supply shall be presumed to be acting in his own name but on behalf of the provider of those services unless that provider is explicitly indicated as the supplier by that taxable person and that is reflected in the contractual arrangements between the parties.
In order to regard the provider of electronically supplied services as being explicitly indicated as the supplier of those services by the taxable person, the following conditions shall be met:
<p><em>(a) the invoice issued or made available by each taxable person taking part in the supply of the electronically supplied services must identify such services and the supplier thereof;</em></p>
<p><em>(b) the bill or receipt issued or made available to the customer must identify the electronically supplied services and the supplier thereof.</em></p>
<p><em><strong>For the purposes of this paragraph, a taxable person who, with regard to a supply of electronically supplied services, authorises the charge to the customer or the delivery of the services, or sets the general terms and conditions of the supply, shall not be permitted to explicitly indicate another person as the supplier of those services.</strong>“</em></p>
<p>The text can be found <a href="http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013R1042" rel="nofollow">here</a>, in Article 1 > Article 9a.</p>
The current invoices don’t follow the law, in my opinion, because they still indicate (in a very confusing way) that the author is the seller/supplier, which the law explicitly prohibits in the passage I posted above.
Hi bqworks, I think you’re mainly asking two questions - one about the changes to the law, and the other about the invoice structure.
With respect to the changes introduced this year, yes it’s probably a bit more complex and nuanced than a forum thread is going to capture. There are a number of changes (or clarifications), some of which impact non-EU sellers, some for EU sellers, some for platforms, mostly focusing on place of supply and involvement in the supply. We’ve used some fairly broad language in some of our forum posts for simplicity.
In terms of the invoice language, Envato is marked as supplier for EU VAT purposes and EU VAT is being collected and remitted by Envato.