Tag Archives: VAT-online

VAT: zero rating of e-publications brought forward – to tomorrow

By   30 April 2020

Further to the history of objection to reduce rating e-publications, and the 2020 budget announcement which stated that e-publications will be zero rated from 1 December 2020, the Chancellor of the Exchequer has today announced that this date is brought forward and zero rating will now apply from 1 May 2020 – which is of course tomorrow.

Further details of the measure here.

Zero rating

This brings electronically supplied sales in line with traditional printed matter. The zero rate will apply to:

  • books
  • booklets
  • brochures
  • pamphlets
  • leaflets
  • newspapers
  • journals and periodicals (which include magazines)
  • children’s picture and painting books

What supplied electronically means

The term ‘supplied electronically’ is not defined in legislation. It falls to be interpreted in accordance with its generally accepted meaning and includes supplies made over the internet and by e-mail.

Excluded items

Items that are not entitled to the VAT zero rate:

  • Advertising

If more than half of an e-publication is devoted to advertising, audio or video content, its supply will remain standard rated for VAT purposes.

  • Audiobooks

The zero rating extension only applies to the supply of electronic versions of books already zero rated in UK law. As such, zero-rating is limited to electronic versions of books that can be read or looked at. Supplies of audiobooks remain taxable at the standard rate whether supplied in a physical or digital format.

  • Intellectual property
  • e-book readers

e-book readers are one form of hardware to which e-books can be downloaded before being read but are not in themselves e-books. Therefore, supplies of e-book readers are standard rated

  • Software

Software, eg: an app is used to access e-publications but is not in itself an e-publication. Therefore, supplies of such software are standard rated.

Lending of electronic publications

The lending of any of the zero rated e-publications for a charge (for example, by a library) is zero rated.

Summary

Although welcome, as zero rating is VAT nirvana, the short lead in time could catch out some business which make such online supplies. Businesses which provide e-publications may want to consider making a retrospective claim as a result of the News Corp case.

VAT: Digital services to EU customers after Brexit

By   1 October 2019

HMRC has published guidance on how to account for digital sales to EU customers when the UK’s MOSS system becomes redundant. Full document here.

After Brexit, businesses will no longer be able to use the Mini One Stop Shop (MOSS) to declare sales and pay VAT due in EU Member States.

The final return period for MOSS will be the period ending 31 December 2019.

A business will be able to use MOSS to:

  • submit a final return by 20 January 2020
  • amend the final return until 14 February 2020
  • update registration details until 14 February 2020
  • view previous returns

For sales made after Brexit, a business will need to register for either:

  • VAT MOSS in any EU member state
  • VAT in each EU member state where you sell digital services to consumers.

Registration deadline

A business will need to register by the 10th day of the month following its first sale to an EU customer after Brexit.

A business cannot register before Brexit.

The EC website may be used to:

  • check whether a business should register for Union or Non-Union MOSS
  • find out who to contact to register for VAT MOSS in an EU member state.

Further details are provided in the HMRC guidance.

The above assumes that the UK will leave the EU, and that there will be no agreements on VAT before Brexit

What are digital services?

Radio and television broadcasting services

These include:

  • the supply of audio and audio-visual content
  • live streaming

Telecommunications services

This means transmission of signals of any nature by wire, optical, electromagnetic or other system and includes:

  • fixed and mobile telephone services
  • Voice over Internet Protocol (VoIP)
  • voice mail, call waiting, call forwarding, caller identification, 3-way calling and other call management services
  • paging services
  • access to the internet

Electronically supplied services

These rules only apply to e-services that you supply electronically and includes things like:

  • supplies of images or text, such as photos, screensavers
  • supplies of music, films and games
  • online magazines
  • website supply or web hosting services
  • distance maintenance of programmes and equipment
  • supplies of software and software updates
  • advertising space on a website