Introduction to VAT OSS

What is VAT OSS?

VAT OSS occurs when there are sales of digital services from UK businesses to EU customers. Under these rules, the UK business must charge the VAT rate in the country the customer is located. 

VAT OSS provides a mechanism of reporting and paying over the EU VAT in one process, rather than having to register for VAT in each individual EU country.

Key Aspects of VAT OSS

• VAT MOSS is only relevant to B2C (Business to Consumer) sales. B2B (Business to Business) sales do not apply here, as they would fall under the EC Sales List rules.
• 'Digital services' is defined by HMRC here. Typically for our clients this covers sale of things such as software, apps, e-books, online magazines, web hosting and online advertising. Sales of physical goods or consultancy services do not fall under the VAT MOSS rules. 
• VAT OSS sales are reported on a quarterly basis. 
• A single payment is made by the UK business to an EU authority (typically we chose Ireland, as they speak English), who will then distribute the VAT to each individual EU country.

What does a VAT OSS return look like?

A typical VAT OSS return looks like this:

In this example the UK business will make a single payment of £14,962.70 to HMRC who will then distribute the relevant amount to each individual country. 

What are the deadlines for filing?

VAT OSS returns are always filed by reference to a calendar quarter. The deadlines are as follows:

• 1 January to 31 March - Due by 30 April
• 1 April to 30 June - Due by 31 July
• 1 July to 30 September - Due by 31 October
• 1 October to 31 December - Due by 31 January

Is there a threshold for registering for VAT OSS?

Yes, the threshold is met when your EU B2C sales breach €10,000 per year. Below that level you should treat your EU consumers as if they were based in the UK.

How do I identify where my customer is located?

A business will usually require two pieces of evidence to identify where the customer is located.

Examples of such evidence include:

• the billing address of the customer
• the IP address of the device used by the customer
• customer's bank details
• the country code of the SIM
• card used by the customer
• the location of the customer's fixed landline through which the service is supplied
• other commercially relevant information - for example, product coding information which electronically links the sale to a particular jurisdiction

UK micro-businesses, that are below the current UK  registration threshold and are registered for the  scheme, may use their best judgement and base their consumer location  taxation and accounting decisions on a single piece of information. That information can be the billing address given by the consumer or information given to them by their payment service provider.

How do I keep up to date with the latest VAT rates in each EU country?

VAT rates are available from the European Commission’s website here.

What if I sell my digital service via the App Store or Google Play?

Apple/Google handle all International sales reporting for transactions through their stores, so you won't need to register for VAT OSS if you only sell through the App Store or Google Play.