Following on from our last blog post on VAT MOSS we asked the HMRC to clarify two points: firstly whether Folksy is a marketplace as defined by the legislation; and secondly the definition of an e-service and if PDFs that are emailed to a customer are covered by the new legislation.
We have now heard back from HMRC and had confirmation that:
- After reviewing how the Folksy platform currently operates, HMRC does not consider that our platform is responsible for accounting for the VAT on business to consumer supplies of digital services.
- The definition of whether or not something is a digital service depends on the level of human intervention that occurs in that supply. If a seller receives a sale through Folksy and then prepares a bespoke e-mail for the customer to which they manually attach a PDF, then HMRC does not consider that as a digital supply. If, however, the customer downloads the PDF or other electronic service from another site (for example, from a seller’s own website), then this may be regarded as an e-service as the level of automation is more significant.
Some sellers have been concerned that the interpretation of a ‘digital service’ may not be the same across EU Member States, and that the Netherlands, for example, may still consider a PDF that has been emailed to a customer as a digital service. However, the HMRC has informed us that all Member States, including the UK, are basing their interpretation of what constitutes a ‘digital service’ on a single unanimously agreed piece of EU legislation and that it does not expect its interpretation to be contentious and challenged. If you do become aware of another Member State publishing a significantly different interpretation, please do let us know, either by leaving a comment here on the blog or emailing us at firstname.lastname@example.org
What this means for you as a Folksy seller is that the new rules do not apply to PDF patterns, printables or graphics sold through Folksy and supplied to a customer by attaching a PDF or file to an individually written email. However, if a PDF pattern, printable or graphic is delivered to a customer by automatic download from another site, even if the purchase was made through Folksy, the new legislation does apply and you will need to register for the VAT MOSS scheme.
So, although the majority of Folksy sellers will not currently be affected by the new legislation, there could be a very small number who will be. To help these Folksy sellers comply, we will be extending the information they receive about each sale to include the country code the item has been sold to and the price of that item (excluding VAT). This will be given to sellers either monthly in their bill or as a separate document.
If you still have concerns or questions about VAT MOSS, please email email@example.com or leave a comment on this post and we will do our best to answer them.
(Featured image: Mossy Globe Necklace by Comedaygoday)