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TaxRobin
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Experience:  International tax
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I´m based outside the EU. I would like to know some information

Resolved Question:

I´m based outside the EU. I would like to know some information about the new VAT rules and MOSS . I know vat will be chargable on digital products in the EU but if there is human intervention the product is not classed as digital.
I run a website where subscribers need to be verified before being allowed online. This verification mean a human needs to check they are real usually via either facebook or a document they have the option to upload. Would this be classed as human intervention?
Submitted: 2 years ago.
Category: Tax
Expert:  TaxRobin replied 2 years ago.
Hello and thank you for allowing me to assist you.
The human intervention you explain is not going to exclude you from MOSS. As I understand the rules, if the buyer can click the ‘buy now’ button on a website and the:
content downloads onto their device
customer receives an automated e-mail containing the content
Then that is automatic. The verification prior to the buy is not relevant.
Customer: replied 2 years ago.

Hi,

But clients will only be able to download the content once verified. Without this human intervention the purchase cannot go through...

We would make this clear in our terms and conditions. Do you still think we would be liable? The rules are so vague.

Expert:  TaxRobin replied 2 years ago.
I know the rules seem vague.
I still do not think that the verification only would change anything.
When considering this issue, it should be noted that an e-service is one that is fully automated and involves no or minimal human intervention.
To me the verification is minimal.
HMRC has not defined minimal.
TaxRobin, Tax Consultant
Category: Tax
Satisfied Customers: 14457
Experience: International tax
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