A Publication of FastSpring Understanding International Sales Tax/VAT Requirements. Commerce in the Global Economy

Similar documents
Retail Tax and E-Commerce

Wayfair The Impact on Manufacturers November 7, 2018

Navigating Sales & Use Tax w/ Microsoft Dynamics & CCH. Andrew Phillips. Channel Sales Representative, Corporate. May 2, 2014

10 Sales Tax Rules to Live By

UNIFORM SALES & USE TAX CERTIFICATE MULTIJURISDICTION

FREQUENTLY ASKED QUESTIONS - U.S. SALES TAX FOR FOREIGN PUBLISHERS

TaxNewsFlash. KPMG report: Compilation of state responses to Wayfair

SALES TAX AND WAYFAIR -

Sales Tax Return Filing Thresholds by State

Federal Remote Seller Collection Authority FAQ Workgroup

What is State Tax Nexus and How Does the Supreme Court s Wayfair Decision Change Things?

STATE & LOCAL TAX NEXUS: WHEN HAVE YOU CROSSED THE LINE?

CUSTOMER APPLICATION Please fax back to PLEASE ALLOW 3-5 BUSINESS DAYS FOR PROCESSING Business Name and Billing Address

Wayfair Impacts for Minnesota Sellers Webinar: October 2018

Colorado Out of State Retailers Must Begin Collecting Sales Tax Soon

UNIFORM SALES & USE TAX EXEMPTION/RESALE CERTIFICATE MULTIJURISDICTION

Indirect Tax for the Retail Industry. Retailers get tax right. The first time, every time.

How to Avoid E-Commerce Tax Pitfalls

state taxation of BY DISTINGUISHED RESEARCH PROFESSOR AND SHACKELFORD DISTINGUISHED PROFESSOR IN TAXATION LAW WALTER HELLERSTEIN

Report: The Sales Taxman Cometh, Beware Accountants and Clients

The Aftermath of Wayfair: What s Next?

UNIFORM SALES & USE TAX EXEMPTION/RESALE CERTIFICATE MULTIJURISDICTION

UNIFORM SALES & USE TAX CERTIFICATE MULTIJURISDICTION

Future of tax in a digital economy: Are you prepared? The Dbriefs International Tax series

Sales/Use Tax Updates & Developments - Texas & Louisiana - Streamlined Sales Tax - Affiliate Nexus. IPT - San Antonio March 28, 2012

SUBMISSION OF SALES TAX NUMBERS

IPT 2017 Sales Tax Symposium San Antonio, Texas September Drop Shipments

QUESTION: IS THE SALE OF THE SERVICES (BOTH, SOFTWARE AND CLOUD-COMPUTING) SOLD BY [THE TAXPAYER] TO ITS CLIENTS SUBJECT TO SALES TAX?

Online* Yes No I agree to adhere to MAP Policy: Yes No *Online customers are subject to approval

The Growing Influence of the Streamlined Sales Tax Initiative

Re: GST: Overseas Vendor Registration Regime for the taxation of cross-border services and low-value goods

SALES TAX IMPLICATIONS OF DROP SHIPPING

Business Application

E-Commerce structures & tax issues

UNIFORM SALES & USE TAX CERTIFICATE

Sink or Swim, the Sales Taxation Future of Cloud Computing

AUDIT & ACCOUNTING INSIDER

Local Sales and Use Tax Sourcing : Rules for Rate and Allocation

State Sales Tax on Drop Shipments: Navigating Various States' Rules on Registrations and Exemptions

The Honorable Max Baucus, Chairman The Honorable Dave Camp, Chairman

MooreCo New Dealer Application

2017 WAKEFIELD RESEARCH REPORT. What Companies Know About Sales Tax Compliance. Wakefield Research uncovers the highs and lows from the tax pros

Analysis of the Remote Transactions Parity and Simplification Act and the Remote Transactions Parity Act of 2017

Sales and Use Tax Information Session

Buying into Better Ecommerce

Italy s 2018 Finance Bill includes important provisions on the digital economy, cross-border taxation

A Bill Regular Session, 2019 HOUSE BILL 1002

RUSSIA S NEW VAT RULES ON CROSS-BORDER E-COMMERCE SERVICES KEY POINTS FOR B2B SERVICE PROVIDERS

Income from U.S. Government Obligations

NEW CUSTOMER PROFILE AND INFORMATION PACKET

State Tax Chart Results

State Income Tax Tables

TRANSACTION TAX: THE ULTIMATE SOLUTION FOR UNCONVENTIONAL POINTS OF SALE

Sales and Use Tax Information Session

Fill-In Tax Certificates

Instructions for Completing the UNIFORM SALES & USE TAX CERTIFICATE MULTIJURISDICTION

DECIPHERING THE WAYFAIR DECISION

STATEMENT OF. Exploring Alternative Solutions on the Internet Sales Tax Issue

THE ANSWER TO 1099 TAX INFORMATION REPORTING

Staff Presentation to the House Finance Committee February 7, 2019

Retailers Selling into the EU

October 25, requests a legal opinion on how each of the main practices performed within the company fits within the established rules.

Dealer/Reseller Application

CREDIT APPLICATION. Principal Owners or Officers Name Title Social Security # Home Address. Phone #

Lotus & Windoware Account Application

Authorized Purchasers: (I (I agree to notify Lotus & Windoware, Inc. immediately if this authorization changes.)

German Business Matters

TaxNewsFlash. KPMG report: Follow-up state actions, Wayfair decision (DC, IL, MD, MA, NE, NJ, NM, SC, SD)

Sales and Use Tax Introduction

1924 2, Fast facts. One-firm firm. International services. A better approach to global growth.

Equity and Fixed Income

NEW CUSTOMER PROFILE AND INFORMATION PACKET

Understanding Oregon s Throwback Rule for Apportioning Corporate Income

VAT reclaim Don t leave money on the table

Mapping the geography of retirement savings

Questions and answers: GST on low-value imported goods an offshore supplier registration system

THE STATE TAXES MINEFIELD

Motor Vehicle Sales Tax Rates by State as of January 1, Motor Vehicles Sold in Florida to Residents of Another State

GLOSSARY. IPT Sales and Use Tax Symposium Beginner Basics

Tax Recommendations and Actions in Other States. Joel Michael House Research Department June 9, 2011

Sales and Use Tax Information Session

BUSINESS CREDIT APPLICATION

Delegations will find in the Annex a Presidency compromise on the abovementioned proposal.

Mapping the Steps to Global VAT Management

Small-Business Views on Retirement Savings Plans: Topline Results of Employer Survey

Insurer Participation on ACA Marketplaces,

Taxation of digital economy

Internet Delivery Methods. TeleStrategies Communications Taxation 2016

Summary of Legal Issues Affecting Non-Cash Award Programs

OVERVIEW OF STATE LAWS. Alabama - Any person selling tickets at a price greater than the original price must pay a license tax of $

Need for preventive Indirect tax Audits for IT/ITES sector

Sales and Use Tax Compliance: Manage the Process; Don t Let the Process Manage You

Southeastern Association of Tax Administrators Conference 68 th Annual Meeting

19 Taxation of E-Commerce Transactions

THE ULTIMATE GUIDE TO Exemption Certificates for Sales Tax Compliance

EU VAT FORUM WORKING DOCUMENT DOCUMENT ELABORATED BY THE BUSINESS EXPERT GROUP (BEGV): DOING BUSINESS IN PAST AND PRESENT TIMES

Partnership Agreement 2680 United Lane Elk Grove Village, Illinois

Frequently Asked Questions (FAQ s) Use Tax Collection Requirements Due to Wayfair Decision

Sales Tax 101 For The Small Business Owner

Digital Sector Based Own Resource conclusions reached by the EC Expert Group and OECD-BEPS Action Plan on taxation and the digital economy

Transcription:

A Publication of FastSpring Understanding International Sales Tax/VAT Requirements Commerce in the Global Economy

Table of Contents Introduction................................................. 3 An Overview of Sales Taxes in the United States............ 5 Differences Within the US for Computing State Sales Taxes.......... 6 Variances in Filing Schedules for State Sales Taxes................. 9 An Overview of VAT Rates and Rules........................ 10 How is VAT Different from Sales Tax.............................. 11 The Challenges of Currency Conversion and VAT.................. 12 Customer Location and VAT Rules................................ 13 What Information Do You Need?................................. 14 Conclusion.................................................. 15 About FastSpring............................................ 16

Introduction International transactions have become a staple of commerce. Successfully navigating the tax regulations and procedures of each jurisdiction in a global marketplace can be challenging for a business of any size. Whether you are selling e-books, cloud computing, software, games, SaaS, subscriptions or other products online, it is critically important to be in compliance with all applicable tax codes because penalties and added fees can have a direct and significant negative impact on the bottom line. FastSpring is a leading commerce and subscription management company that helps companies expand worldwide sales and increase revenue in the online global economy. With multiple filing procedures and tax thresholds, international commerce requires a substantial investment in administrative education and implementation. Even if no taxes are due, there may still be filing requirements that incur a penalty if the reports are not submitted properly and timely. 3

Thousands of successful retailers have chosen to use a merchandising and fulfillment expert that facilitates all the US state sales taxes along with international VAT filings and payments. Others have elected to keep the function in-house. To help you decide the best option for your company, FastSpring created an informational Sales Tax/VAT guide with a general overview of international e-commerce. It is not designed to replace the services of professional tax advisors; it is meant to familiarize you with some of the complexities involved in filing and reporting sales in the United States and around the world. 4

An Overview of Sales Taxes in the United States Many states are now moving toward different ways to collect taxes. Currently in the United States, sales and use taxes are generally only charged at the final point of sale with resellers and wholesalers exempt from payment. However, many states are now moving toward different ways to collect taxes and the federal government is looking to implement a system where sales tax would be charged and paid based on the online customer s location. Such a system would present a new set of challenges but considering the increased tax revenue potential, most expect that it is more a question of when this becomes the law of the land rather than whether it will become part of the national tax structure. Since sales tax is a major source of revenue in all but a handful of states, the rapid growth of e-commerce has fueled movement towards a national policy for online sales transactions. 5

Differences Within the US for Computing State Sales Taxes While many states do not have a way to calculate or collect sales tax for online purchases of digital goods, many others have an obligation already in place for any merchant with a presence in the state to collect, report and remit tax for all e-commerce sales. In fact, more states are changing their definitions of what constitutes a presence in the state so as to trigger sales tax collection obligations for a greater number of remote sellers. Tracking these changing definitions state-by-state is important to surviving audits and avoiding non-compliance penalties. In terms of online purchases of digital goods, there are three main categories: software downloads, digital products such as ebooks and games, and SaaS services. Each of the 50 US states has different definitions for these three categories with respect to how they are taxed. Depending on the state definition, all three categories or only one could be considered and taxed as a tangible product. To add to the situation, some states may consider the items as intangible but still taxable as if they were tangible while other states such as California do not tax downloadable products. Each state varies in its laws and interpretations and keeping up with the changes from state to state can be daunting. 6

To illustrate just how differently sales taxes are treated from state to state, we have included a map showing sales tax treatment of software. Updated in 2013, this map was created by taxfoundation.org, which is a non-partisan, non-profit research organization that has monitored tax policy at the federal, state and local levels since 1937. They note: Ideally, all software purchases should be taxable to final users and exempt for business users. Instead, states tax some kinds of software and exempt others, based on whether it is customized or off-the-shelf and whether it is on CD or downloaded, all silly distinctions for tax purposes. States like Hawaii, New Mexico, South Dakota, Tennessee, and Texas are at least consistent in taxing it all. No state exempts it all, although Florida and Maryland come close. As for why Arkansas, Ohio, and South Carolina tax custom software when you buy it on a CD but exempt it when you download it, your guess is as good as ours. As for why Arkansas, Ohio, and South Carolina tax custom software when you buy it on a CD but exempt it when you download it, your guess is as good as ours. - taxfoundation.org 7

We present state tax treatment of five different kinds of software: (1: triangle) pre-made canned software purchased in the form of tangible property like a disk or CD; (2: square) canned software downloaded directly onto a computer; (3: circle) custom software purchased on a disk or CD; (4: starburst) custom software downloaded; and (5: star) custom software customized by the user for their use. 8

Variances in Filing Schedules for State Sales Taxes Some states are set up for quarterly sales tax filings while others are on a semi-annual or annual basis. Other states base reporting requirements not on a calendar schedule but on gross sales figures. Keeping track of which states are on which schedule can be difficult and time-consuming. In the interest of protecting your bottom line, managing timely reporting is a business necessity. 9

An Overview of VAT Rates and Rules Over 150 countries around the world collect VAT (Value Added Taxes) and the rules for each country and divisions within each country such as states or territories can vary greatly. Understanding the difference between sales tax and VAT is an important first step for all new e-commerce sellers. Typically, sales tax and use tax are charged at the point of sale based on the final sales price. Value Added Taxes are exactly as they sound. At each step in the process of bringing an item to market, as value is added to the transaction, VAT is assessed based on current value. 10

How is VAT Different from Sales Tax? If you have an article of clothing selling online for $100, sales tax would be based on the $100 cost of the item. Let s use 10% for this example. Final cost to the customer: $110.00. 1 $50 fabric sold to designer for $55 $5 10% VAT remit to government With VAT, the fabric sold to the designer for $50 would trigger a 10% VAT of $5 which the seller of the fabric would charge the designer and then remit the $5 to the government. When the designer sells the clothing to a retailer for $80, the designer charges the retailer $88, keeps the $5 for the VAT already paid and remits the added $3 to the government. The retailer puts a price tag of $100 on the clothing and the customer is charged $110 which represents the $100 price tag plus 10% VAT. The retailer then deducts the $8 in VAT paid when it purchased the clothing and submits the $2 VAT to the government. 2 3 $80 clothing sold to retailer for $88 $100 clothing sold to consumer for $110 $3 10% VAT remit to government $2 Deducts $8 in VAT already paid when clothing was purchased and remits $2 to government At each step of the transaction, there are filings that must be made properly and promptly. It can be a difficult and time-consuming task to keep up with all of the filing and remitting obligations for both VAT and sales tax. 11

The Challenges of Currency Conversion and VAT Adding to the obligations for filing and remitting Value Added Taxes are differences in currency valuation from one country to another. Using the previous example, if the fabric was purchased from a Japanese vendor, the original $50 value would have been paid in Japanese Yen and the 10% VAT paid to the Japanese government at the equivalent of $5 US but at the current value in yen. At the next step in the process, a US designer may convert the transaction to US currency but if the final retailer is in the EU, the VAT charged to the online customer would be in Euro. Clearly, there may be challenges at each step of the transaction. It is necessary to determine what is being sold, who is selling it and what is the final sales price and currency used. It is also important to note that sales to businesses (B2B) are governed by different rules and rates than sales to consumers (B2C). Fabric purchased from Japanese vendor $55 fabric sold at the equivalent value in yen 10% VAT, $5 value in yen paid to Japanese government A US designer can convert transaction to US currency but if the final retailer is in the EU, VAT must be charged in Euros. 12

If your business is engaged in global e-commerce, you could end up spending a great deal of time and resources trying to determine not only all the right answers but in many cases, the right questions. Without accurate information, you will not be able to file the required paperwork and submit the VAT to the proper government agencies. Customer Location and VAT Rules If you sell e-books, software, online games, cloud computing services or SaaS in the global marketplace, as of January 1, 2015, there was a serious change in EU VAT rules that took effect, requiring the determination of the country in which your customer is located. For example: If you sell digital goods to a consumer, your company must determine the correct VAT percentage in effect for the country that the buyer is from (whether or not the buyer/consumer was in that country at the time of the purchase). If you sell digital goods to a company (with a valid VAT number), there is a 0 percent VAT charge. If you sell digital goods to a company without a valid VAT number, you must charge the correct VAT percentage for the buyer s country. If you are in the EU and sell digital goods to companies or consumers who are purchasing from within their own country, you must charge the correct local VAT. 13

What Information Do You Need? With the increased mobility of customers, billing or shipping addresses are no longer sufficient to determine the appropriate tax jurisdiction for VAT. To determine the correct VAT, you will need the following data on your customers: What is their country of origin? Is the purchase on behalf of a company or is it a consumer purchase? What is the VAT number and is it valid? What is the purchase amount? How much VAT should be charged? (This is important because if the buyer is in a different location when making the purchase, you need to determine the country where the digital goods will be used.) With the increased mobility of customers, billing or shipping addresses are no longer sufficient to determine the appropriate tax jurisdiction for VAT. While the industry standard is now the customer s IP address, it can be very challenging to determine unless you have the proper systems in place. Also worth noting is that the 2015 change in EU VAT requirements removed tax thresholds so now even if sales are extremely limited, there is a requirement to register, file and maintain accurate VAT records. 14

Conclusion Whatever you are selling in the global economy, it is vital that you keep abreast of changes in tax laws for all 50 states as well as for those for any country where you do business. Staying in compliance with all applicable tax codes and filing schedules will avoid penalties and added fees that can negatively impact cash flow and profitability. Using a digital commerce expert to facilitate sales tax and VAT filings and payments can free you and your staff to concentrate on doing what matters most: building your core business and expanding into new areas of opportunity. Using a digital commerce expert to facilitate sales tax and VAT filings and payments can free you and your staff to concentrate on doing what matters most. 15

About FastSpring Founded in 2005, FastSpring is a leading e-commerce and subscription management company that helps thousands of clients, both large and small, sell more of their products worldwide in today s challenging online global economy. With a platform that can work across boundaries and accept more than a dozen currencies with display options in over 20 languages, FastSpring can handle tax collection, compliance and payment on your behalf, including management of different Value-Added Taxes (VAT) from around the globe, US state sales taxes, and more. FastSpring s team of experts and award-winning support specialists is available to help make collecting payments and paying only the appropriate amount of taxes for your valuable goods and services easy and error-free. For more information about FastSpring services visit www.fastspring.com, email sales@fastspring.com, call 1-877-327-8914 (U.S.), or 1-805-409-9008 (Worldwide). 16