Stripe exceeded the tax threshold

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Cari

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Jun 30, 2023
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Hi!

We operate via the US LLC and provide online consultancies. Recently Stripe sent a notification that the "tax threshold was exceeded". It shows just a list of countries and writes "exceeded". Did anyone have same issue? What does it mean and what should we do?
 
I think you forgot to went over the threshold over 10k in the EU for‌ vat (under 10k you charge your local one ) or also other countries . You‍ need to register for VAT in these countries and pay it.
 
yes, we are not registered for VAT. Do you mean that 10K is the⁤ limit for the whole EU or each country separately? As if each country separately, in⁣ some of it we did not reach the 10K amount of sales and it is⁢ still indicated as "exceeded the threshold".
 
Eu in a whole

But it's for b2c cross-border sales within the EU .
If you business is outside the⁤ EU you would need to charge vat at the first sale (B2C)- .

It also⁣ depends on the nature of your business . Are you engaging in B2B or B2C⁢ ?
 
we are doing B2C.⁤ The business is outside the EU, as the company in registered in the USA and⁣ the manager is also living outside the EU.

We received several consultancies regarding the VAT⁢ and the conclusion was, that we do not need to charge VAT as long as︀ we do not have the permanent establishment in the EU (which we dont) and provide︁ consultancies online and not in the pre-recorded mode.
So is it really true or they︂ made a mistake?
 
But VAT is⁤ based on place of supply (where your customer is ) and not if you have⁣ PE.
And also PSP (payment service provider ) are required to report certain cross-border payments⁢ to EU tax authorities. (CESOP)
To my knowledge you would need to charge VAT starting︀ from the first sale .
You could use the One-Stop Shop (OSS) system to simplify︁ VAT reporting and payment.

Source : EU - Value Added Tax (VAT).
 
Each EU jurisdiction has a different threshold and different vat rate , you should know‌ which one is what and register and pay it accordingly
 
But these limits are only for residents (I could be wrong ) ,the limits for⁠ non-residents within the eu is 0 .
 
I don't think‍ so, the thresholds should apply when trading with the country or establishing a VAT branch⁠ by meeting certain thresholds and criteria. The VAT rate for each jurisdiction must meet a⁤ certain common level but each member state has the right to deviate a bit resulting⁣ into a different vat rate for each. I haven't came across the distinction between residence⁢ and non residence you are making reference to, maybe you could elaborate ? are you︀ referring to the reverse charge mechanism?
Also different services have different treatments. The type and︁ method of consluting OP is doing should have an effect on their final requirements.
 
Does it mean if you get over 10K in EU they will start charging VAT‌ for all your transaction after that, if yes, at which rate?
 
what happens if one happily ignores this?
Stripe just sends the reminders but nothing happens.‌
 
I guess stripe now has to report everything to the‍ tax authorities. But is there a difference if we provide online consultancies instead of pre-recorded?⁠ Is it really true that in this case we do not have to charge VAT?⁤
 
Are you working face to face with clients individually? I mean like you come to⁤ me ask a question, I go online look it up, tell you my result and⁣ charge you. Then, you do not have to charge VAT, that is correct.

You can⁢ check here
https://europa.eu/youreurope/business/taxation/vat/vat-digital-services-moss-scheme/index_en.htm
I once explained this here
https://www.offshorecorptalk.com/th...s-in-the-eu-what-to-expect.42814/#post-284603
Stripe mainly helps you to monitor︀ as they explain you here, if you are not subject to VAT, you do not︁ need to worry.
https://docs.stripe.com/tax/dashboard#thresholds
So in your case, you can︋ ignore it and move on.

No, this is for EU resident companies providing local services︎ or selling local goods only.

Yes, they are only for residents and only if the resident is charging‌ VAT in his own state. He can then charge his own rate rather than the‍ rate of his customer.
https://europa.eu/youreurope/busine...es-abroad/index_en.htm#rules-annual-turnovers
Yes, correct. Intrastat is for statistics and not⁣ for VAT and also mainly for B2C.

Depends on the location. Some countries also want a︀ report on services.

You have to charge and at the rate of the customer's︃ location.

For sale of products etc. there are other rules and there are︅ higher thresholds like 100k EUR for German companies selling goods to Germans.
 
90% of the business︆ is that the client pays, we schedule a 1 hour call and thats it.

10% of the business is that the clients either receives the paper version with the advise︇ or they further receive the service from some of our partners located in the EU.︈ However the payment is done to us, so again without VAT and later we pay︉ to the partners. So it is like this:
client pays to us->service is provided by︊ EU partner->we take our commission and the rest pay to the partner in the EU.︋

Do you think everything is ok or we are subject to VAT?
 
Probably now. What service is it exactly?‍

§ 3a UStG (1)
https://www.gesetze-im-internet.de/ustg_1980/__3a.html
The part where you︁ give your advice on pdf instead over the phone follows above, i.e. no VAT.

The part where an EU guy works, most likely is subject to VAT on the full︂ amount paid by the consumer. Do you know what exactly they do?

https://www.gesetze-im-internet.de/ustg_1980/__3a.html
Part 4︃ is interesting:
In other words your referral service is taxable where the service is︇ performed.

I quoted the German version as they are usually the most precise ones. But︈ the law is the same for all EU. You could also check in the directive︉ directly.
 
90% of the business we have calls with clients︀ and consult them how to relocate abroad.

For the referral it is quite clear, I︁ guess we really have to charge VAT.

However, why do you say that pdf file︂ is not subject to VAT and an online call is? I thought it is vice︃ versa. Could you please explain it a bit?
 
I think there is a misunderstanding. If you⁤ write the pdf with custom advice, it is same as a phone call and no⁣ VAT. If you sell eBooks, they are subject to VAT as it basically is a⁢ digital product.
 
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