VAT, Business, and Sales Tax changes for eCommerce in 2022.

Mar 30, 2022

As eCommerce is growing and buying from anywhere is becoming more accessible in popularity, and a myriad of choices for purchasing and different kinds of items that are available for sale, government agencies have been slipping more removed from the equation in the collecting of taxes on transactions. Over the past few years, officials all over the world have revised law to reflect the changing market.

The result is that navigating tax requirements has become more difficult for merchants. The year 2022 will bring even major changes will be coming to effect based on which country that you are a resident and operate in which could affect the way you conduct business.

When it comes to U.S. businesses, crossing state lines isn't that different from crossing national borders. In reality, there are several aspects that can be more complicated in comparison to, say, a business in one EU nation that sells to consumers across the other EU nations.

Like our good friends at Avalara illustrate in their video tutorial on tax reforms in 2022, this isn't a tiny quantity to be discussing in this area.

To make it easier to begin We'll give you an overview of the tax-related changes which are coming which will affect companies in the U.S., the U.K. along with the EU and a number of other nations and regions. The two first ones are specifically focused on countries that are similar to that of the U.S., and the others affect other countries.

1. Nexus law: Where your company is situated

If you are a U.S. businesses, you are required to collect sales tax for sales to clients in states where there is what's known as the"nexus. It's not an issue. It was considered a nexus a state if it's where your warehouse, office, or some other physical place was. Today, there are several remote employees, and numerous states saying that a business is connected when it has employees in their territory.

It is possible to operate in several states even if the operations you conduct take place located in the same. In addition, if you do not have a physical existence, some states might think that you are a connection to their state if you sell more than the value of a particular quantity, or carry out more than the amount of transactions for customers who reside in the state in which you operate.

nexus map of the united states

Complicating this is the fact that certain products are tax-free and the rules for exemption differ in every state.

Furthermore, in the wake of the South Dakota vs Wayfair 2018 court decision, states can currently collect sales taxes outside of state for products purchased in their states. The decision was made in order to allow brick and mortar businesses to compete on an equal playing field against online companies. The process can turn into a nightmare.

It is further complex in states in which the different counties are charged different rates for sales tax.

Online businesses must research each state or county in which you are deemed as having an economic presence and determine the sales tax which you're liable to.

Learn more about changes in sales tax.

2. Tax rates that vary, boundaries, and rules

Knowing what you owe in each state can be hard enough. But what happens when circumstances alter?

The government keeps updating the tax rates it charges for sales. Certain items that were subject to taxation have been made exempt in specific sectors, including diapers and feminine hygiene products. Some other items that were not tax-exempt until now were things that are disposable items, such as plastic bags.

There are also rate that is temporary, such as sales tax holidays or tax exemptions which may have been put into place during the COVID-19 outbreak. They're adored by the public However, they make tax accounting extremely difficult for business.

In addition to the taxes changing, it is important to be aware of the boundaries between taxing authorities. There are cities that cross two states. Many cities are situated in two counties. Sometimes, the home next door is subject to an additional sales tax. The boundaries could be altered.

CSS Find out more regarding these and other business tax reforms in 2022.

3. Where customers buy and pay for it.

What happens when a client purchases online, but wants items shipped to the shop to pick up or deliver, however their residence is located in a different tax district which is not the company? This is known as Buy Online, Pick up at Store (BOPIS). Taxes for sales made online may be different from the location where the purchase is completed.

You'll need a way to monitor this every purchase made by the customer to be sure to make sure you are transferring the tax correctly to the correct nation, city or state.

In other words, can you charge sales tax on the purchase price upfront or spread it out over installments? Making it payable upfront implies that customers don't have to make equal payments. If you spread it out by installments, what happens if tax rates on sales change before the total amount being paid? Should you add an updated amount for the remaining installments? Do you have to pay any BNPL charges that your service provider may charge you? What will they do should they choose to return the item after the payment was made, but you have already made your tax payments to the government?

Each state, country and county handles these scenarios in different ways.

4. Sales tax sourcing

Three types of sourcing methods that are used in U.S. states to determine the tax payer

  1. Destination sourcing: based on where the buyer is located
  2. Origin of the source is determined by the geographic place of the seller
  3. Mixed sourcing is a mixture of both

Before the advent of the Internet as well as eCommerce most places used origin-based sourcing since it was the most simple and best-suited to their needs. However, thanks to the growing amount of international and interstate trade, the boundaries are blurring and there's an abundance of tax revenue that's not collectable on purchases made online.

In this regard, numerous states are shifting to sourcing for destination, which means the tax you pay is according to the destination country of the customer. For small-sized businesses, if you are selling products throughout the US it is possible that you will need keep track of purchases made by buyers from all states.

5. The surveillance of digital sales by businesses transactions

The entire continent of Europe all across Europe Latin America, and all over the world countries are working on ways to monitor all transactions within companies to ensure that they are receiving the right quantity of sales tax and VAT.

There is a lot of international commerce inside the EU as well as between and between the EU and Britain and between Europe and South Korea and other Asian nations, as well as Canada and Latin America, various forms of electronic invoice are fast becoming the norm.

In the 83 nations, there's already some type of electronic invoicing or reporting law being implemented, and many are looking to adopt the law. Different types of electronic transaction monitoring are:

  • Real-time reporting: transactions reporting live as the event takes place
  • Standard Audit File for Tax (SAF-T): makes it easy for tax authorities to collect tax information
  • Electronic invoicing: the government approves each invoice before a customer sees it
  • Invoicing on a four-day basis is not as severe like real time, however this is the same principle

Each of these systems is specifically designed to help with compliance in addition to reducing the chance of errors and also reducing tax avoidance. In addition, they help simplify and speed up audits.

map of einvoicing across the world

L Learn more about how countries have implemented electronic invoicing to assist with the monitoring of sales tax .

If your business is with international commerce, you'll need to comply with every country's tax and invoice method.

Brexit can be a wonderful illustration of how it might work.

Britain has started to roll out an an initiative called Making Tax Digital, which applies to companies within of the U.K. as well as those selling to it, just like other businesses in the EU. This new tax system is also applicable to people who are self-employed U.K. businesses and landlords.

And EU businesses that offer their services to residents of Britain must charge VAT on their purchases. When the cost of the purchase is lower then 150 euro, companies should use IOSS it is known as the Import One-Stop-Shop (IOSS) which can be a registration online portal that makes it easier to be VAT compliant.

For EU businesses selling to other countries in the EU These businesses would make use of this One-Stop Shop (OSS) method that is like IOSS however, only to conduct business inside the EU.

Working with and accessing the various systems is going to require businesses to spend some initial money, however, they'll be able to faster do business with clients in the various EU countries.

The U.S. has yet to implement a system for electronic invoices or reports.

6. The Harmonized System

The Harmonized System began in 1988 however, with the advent of online shopping, it's become an integral part of worldwide commerce.

The Harmonized System is a method to track and code each product in any industry each when they travel across the international borders. It is simpler to keep track of sales across international borders . This will ensure that precise tax and VAT is assessed on goods and services.

The codes are revised every five years. After 2022 the seventh edition is scheduled to come out.

The use of HS codes could be complicated very fast because there aren't all countries that are able to update their codes instantly. Some require some time. It means you can offer the same product across two countries. This means you will need to apply two different codes.

What happens if a product does not get classified properly by the appropriate code? Taxes may be assessed in the wrong amount, which could lead to penalties and delays, issues at the border, along with unhappy customers. Read more about The Harmonized System and related global tax issues.

7. Eliminating minimum tax requirements

Particularly, especially those in U.K. and EU nations the previous requirements for minimum standards when VAT applies are starting to fade.

Imports coming into to the U.K., there used to be a PS135 minimum order value prior to VAT is applied. It's now gone along with the stock relief on consignments with low values which was previously available on items which fell within PS15. VAT for both of these will now be collected at the point of sale, for the buyer paying the VAT at payment.

The current policy is not subject to any changes regarding the policy that applies for amounts that exceed that threshold.

If imports are brought within the EU Similar thresholds of 150 euros was used to apply, however that requirement has been eliminated. IOSS users will now be obliged to collect VAT at the point of sale for all purchases under that threshold.

Furthermore, many nations- including Canada, India, Malaysia and China have been looking at similar tax changes.

Problems with supply

Problems with labor supply and shortages can affect tax planning.

In this case, for example, when you consider the many products being bought, and later returned, how do deal with the taxes collected? Should you alter the tax return for taxes that have already been remitted?

Online marketplaces

If you offer products via one of the dozens of online marketplaces, such as Amazon or Wayfair A few states and countries tax these marketplaces which means that the tax could be passed on directly to sellers. Certain states allow sellers to remain free of tax.

Non-typical product types

A number of countries which have traditionally taxed taxi services as well as taxis for car rentals are seeking to tax car sharing as well.

If you are offering online courses, you may become subject to taxation. But, there are numerous ways that the course offerings differ from one another. Certain courses are live and others have been pre-recorded. The pre-recorded course is much more of an object. Other courses require downloading the content. Many courses offer materials by email.

The different nations and localities could approach these types of education and training circumstances in different approaches.

Software?

There are currently at most 10 different kinds of software product categories, which include packaged and delivered in the same way as genuine products, however they are packaged, custom-built or downloaded electronically and a myriad of others. The software you choose to download may be taxed differently depending upon the state and the place where your business is legally established to be basedthe nexus problem that opened up this box of worms at the beginning of.

Are you in need of help with taxes?

Do not offer tax help This post is designed to provide guidance and information for companies who wish to learn more about their tax compliance duties.

But, Avalara can help you with tax automatization software that makes compliance much easier. Particularly for small businesses which are operating within the U.S. or across international border, there's lots to be able to monitor. The tax compliance software is something worth looking into.

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