E-commerce and the existing obligations for on-line platforms as regards underlying transactions

Given its interest we highlight the last entry to the Kluber International Tax blog entitled “Online Marketplaces and EU VAT: Global Reach but Compliance Still Local”.

It comments on the EU countries (United Kingdom, Germany, France, Italy and Austria) that, notwithstanding the great change that will occur in the sector from January 2021 with the entry into force of the single window regime (One Stop Shpp - OSS), have introduced special control measures on online platforms that facilitate distance sales in their twrrirories.

Special mention is made of the situation in Germany, a country in which the platforms are subject to certain information obligations and are joint and several liability in case of a breach of the tax obligations in that country by the distance sellers using the platform, being the connection point that triggers such obligations that the transport of the channeled sales have their point of arrival or departure in the German territory.This liability can be avoided only if marketplaces produce a paper certificate which has been provided by the German Tax Administration to businesses selling on their electronic platform.

The European Commission has send a letter of formal notice to Germany for the withdrawal of its new legislation as it considers this obligation as an inefficient and disproportionate measure that hinders the free access of EU businesses to the German market in violation of EU Law. Furthermore, as mentioned, this measure comes as EU Member States have already agreed on common and more efficient measures to combat VAT fraud that will come into force on 1 January 2021.