International sales tax advice needed!

I have a tip jar for my accounts and websites ( @feditips, https://fedi.tips etc) which I mainly use to cover their costs. One of them is through ko-fi, the other is through liberapay. **Income tax is not an issue, I declare what I get to my country's government as part of my tax return.**

The problem I have is that my payment processor is now informing me I might (or might not) have to keep track of sales tax on donations:

-I'm not selling anything, there are no perks for donors. The services will happen regardless of whether anyone tips me.

-It would be incredibly complicated, it would mean registering with dozens of different countries.

-The total donations from each country are tiny, usually a few euros per year. The largest one is a few hundred per year.

-I'm not earning enough to have an accountant.

-I can't find any advice on this situation!

Can anyone help?

#AskFedi #Tax #Taxation #SalesTax #VAT #KoFi #LiberaPay #Accountancy #Accountants #Money

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@FediThing @feditips What platform are you using? What's their policy? Are they tax-exempt?

@adrianmorales

I'm using Kofi and Liberapay as donation platforms and Stripe as a payment processor, but like all of these platforms they say it's the responsibility of the user to make sure they are tax compliant.

But I cannot find any advice anywhere that covers the situation of a free online service which accepts donations.

@FediThing On the platforms I use, I had to fill out one of those 1099 tax forms.

You should do the same on Stripe: https://stripe.com/docs/connect/get-started-tax-reporting

@adrianmorales

I think that's an income tax thing, and only for people in the US.

@FediThing I don't live in the U.S. either, but there's an option to mention that you're not a U.S. citizen.

Should your bank ask for documentation, you send them this form. If you're still worried, contact your bank. They should help out with everything you may need.

@adrianmorales

"but there's an option to mention that you're not a U.S. citizen. "

That is presumably for people who live in the US and aren't citizens?

@FediThing It's for citizens of other countries. When I first published my books on Amazon and Google, I also had to fill out this form.

I mentioned I'm not a U.S. citizen, and they told me I might be tax-exempted due to the economic agreements between my country and the U.S.

@FediThing @feditips

Look into companies which are a "Merchant of Record", a type of full-service provider who takes care of this. "Paddle" and "Lemon Squeezy" are the ones I know.

@tynstar @feditips

Those are for companies which sell goods or services. I am not selling anything.

@FediThing @[email protected]

Good point. Maybe podia.com is suitable? They write "Podia gives you the flexibility to make paid communities, free communities, and memberships on a platform you own." IDK whether they handle sales tax, though.

@tynstar

Thanks for the suggestions, but I'm not looking for a website host. I just want to find out if I'm supposed to be registering for sales tax on tiny donations.

@FediThing
OK, you can't use Paddle. But their site https://tax-agony.paddle.com/ could be helpful: it's a list of jurisdictions with info on taxation, registration, and penalties.

Obviously they don't cover donations, but they mention whether there is a revenue threshold before you owe sales tax (e.g. Texas) or not (e.g. Germany).

So to get some pointers, I would pick several jurisdictions without a threshold, then ask the respective authorities by email and/or search "<name> donations sales tax".

@FediThing @feditips ko-fi.com, for instance, is an organization that has a 501 (c)3 tax-exempt status.

@adrianmorales @feditips

Ko-Fi takes no responsibility for its users' taxation. None of these platforms do.

@FediThing @feditips Most countries will have a minimum earnings value that will make the tax filling compulsive. Below that value, you will not have to file anything. Inside the Eurozone, I believe you can declare those earnings as originating in your country and your work as an export. Please contact your tax administration to clear this. I believe that for a very low value, you don't need to do anything.

@Suspect_Similar

Thanks for the help, but I'm not concerned about income tax, that is already dealt with.

I am just concerned about whether I need to be keeping track of sales tax on donations. If I do, then it might mean I cannot accept donations any more.

@FediThing Again, my advice would be to consult your tax administration. In the tax code of your country should be made explicit for how long you could be audited, and you should keep the documents for that period. But any of these things will depend on the tax code you are subjected to.
@FediThing @feditips most probably you need to look into OSS https://vat-one-stop-shop.ec.europa.eu/index_en and have a talk with your local state revenue service. For example, in my country SRS has an option that a person signs up to pay VAT and pay OSS through them, then you do not need to sign up for OSS in other countries.
I do not know all the details, but that's what I have gathered from local SRS.

@mariilasa

That only covers sales of goods or services though? I am not selling any goods or services.

I'm doing the services and sites for free (in fact I'm having to pay money to host the sites), and people can send a donation if they want to. There is no transaction going on as such.

@FediThing yeah, but you are receiving services. Those rules are hekin' complicated, so I suggest to read first about VAT and OSS and then talk with your local SRS. There are exceptions and thresholds and whatnot. Maybe in your case you do not need to register and pay.

@mariilasa

I don't understand. I'm not receiving services?

@FediThing To me it feels like donations are something else and you would not need to pay, but maybe tax office can think about company/site that acts as means to receive these donations as a service provider and you as a service receiver and you need to prove that you do not sell anything. Strange that service providers cannot advice you in this case, but most probably they just don't care.
I used to sell some things on Etsy, so I am struggling myself with all this tax stuff and latest changes.

@mariilasa

Yeah... I think they just don't care 😁

Thanks for your help.

@FediThing good luck with figuring out this nightmare :D

@FediThing @mariilasa

Regardless of all else, keep v good records of your expenses (tax deductible) vs donations (could be treated as income).
Most countries have a tax-free allowance, yes? (Chime in, folks. In UK it’s > £10k, dunno what it is in US now, etc.) You can ‘earn’ that much before you start being liable for tax on anything above that amount.
I’d guess there are few countries where you’re close to exceeding those amounts; those are the only ones to even consider.
/1

@FediThing @mariilasa
If you’re getting donations in excess of a country’s tax-free allowance FROM PEOPLE IN THAT COUNTRY then maybe you have some liability. But amounts are likely so low no-one in their right minds is going to come after you.
I’d be concerned with your home country’s tax code.

Possibly investigate setting up as a charitable body, thus tax-free status and no worries?

NB I’m no expert, just throwing out a few ideas of how I’d approach it if it were me.

2/2
👍

I am no professional tax-adviser, but I can support the claims made that you do not need to do anything in case of having a limited revenue.
In Germany there is a special rule which allows you (up to quite high revenue volumes actually) to be exempt from sales tax (at the 'price' of not being able to do a deduction of the sales tax on your expenses).

@feditips @FediThing

@FediThing If you aren't registered for sales tax in your country, I don't see how anyone could pay you sales tax on a donation?

In the UK, if your turnover is £85k and above, you have to be VAT-registered and you have to collect VAT on every sale. I doubt you would need to be VAT-registered in the UK if you're based in, say, France, and are getting €200/year from people in the UK.

You aren't selling anything; these are donations.

@FediThing @feditips
I'd suggest you contact your tax office and ask. If some other organisation is responsible for VAT, they should be able to tell you which one.

I suspect if the service happens whether you get donations or not, you may be in the clear. At least when I (in Germany) pay something for a "pay what you want" item on itch.io with no minimum price, they don't add VAT, but they do for items which are sold.

@FediThing why don’t they do it themselves and give you a report 😒

@FediThing @feditips
Haven’t worked in this area for a while, but as someone else pointed out there will be registration thresholds and unless you are raking in $$$ (highly unlikely) you will not have crossed any registration thresholds..

The other issue is the classification of the tips and this will be a jurisdictional issue, but in the EU the rules should be the same. Ie it could be argued that the tips are a payment for a service even if it is voluntary. Best bet would be have a look at your local revenue webpage or the EU’s for guidance..

The US sales tax (state based) is a nightmare, but not every jurisdiction seeks to tax digital services (only approx 30 of 50) the kicker is no consistent definition of what is or is not to be taxed. Again there are threshold issues…

Re the tips from an Australian perspective they are not subject to sales tax (gst) if they are distributed to the staff and not retained by the business, but are subject to gst if retained by the business……

Good luck

@johnmeyer

"Best bet would be have a look at your local revenue webpage or the EU’s for guidance.."

This is the thing, I cannot find any advice anywhere on this situation! :/

The assumption is always that people only provide services when they are receiving payment. There is never any example of a service that is provided free, with a tiny percentage giving a voluntary donation to support the service.

The nearest example I can think of is busking (playing music in the street), but that doesn't have an international component.

@FediThing hmmm…

The revenue would likely take the view that the tips are a payment for a service (even if voluntary and not everyone pays). It could be argued that those not paying are paying $0.

The other issue which just occurred to me is where the service is (legally from a tax perspective) being provided/consumed will determine its taxation point (this is another horror show) as it can be manipulated in common law countries…

This is a very, very, very arcane (read exceptionally painful) area of VAT law that kept me employed and flitting round the world for 10 or so years trying to work on consistent rules (this work is still ongoing some 13 years later).

I would argue given the minimal $$ involved you are under the registration thresholds for the relevant jurisdictions and hence not required to report.

If you want to cover yourself;

Can you geographically analyse the contributions and keep a short record of where they are from with a link to the registration thresholds for the jurisdictions? This would provide the evidence that you don’t need to register if anyone asks.

@FediThing @feditips At least in the United States, there is a distinction to be made between "gift" and "donation." Also, what you're describing sounds to me like maybe you are receiving tips on a zero dollar service. People who receive tips still have to report it as income.

Anecdotally, I used to file my taxes on my own until it reached a point where I felt like I couldn't afford a tax advisor, but I didn't have the answers I needed. When I finally did, my tax return was larger than I had estimated, which more than paid for the $350 or whatever the service cost. Now, a knowledgeable accountant answers my questions during the year at no charge. You might get a similar benefit from taking the plunge if you find the right professional.

Otherwise, you could trust the amount you receive from people in other countries is so low that you don't have to send anything to their country and focus on your country's requirements. What are they going to do? Extradite you over $5 unpaid taxes?

@FlippingBinary @feditips

I am reporting it as income in my in my country. Income taxation is not the issue.

The issue is whether I have to register with the sales tax regimes of dozens of different countries even when the donations are tiny amounts.

@FediThing @feditips I wasn't trying to imply that you aren't. My mention of paying taxes in your home country was a minor part of what I wrote.

Personally, I wouldn't worry about it. Like I said, what are they [other countries] going to do? Your country likely only cares about your compliance with their tax laws, so you're probably safe if another country contacts you with a notice of unpaid taxes or something. If something like that happens, your country probably won't let them haul you away to a foreign prison to serve time for failing to pay foreign taxes on a $20 gift/tip. Right? So the other country would have to let you pay the tax and move on with your life. Since you said you're not making enough to afford an accountant, that's the best you can do right now.

However, like I said before, a tax accountant might save you more money than they charge... while sharing valuable advice that you can rely on.

@FediThing @feditips

Im not a tax expert, but in Canada, tips are considered income.

It would be best to consult your country's tax laws.

🙂

@lynnedubois

Yes, of course! I am declaring any money I receive to the government in the country I live in.

@FediThing

I think if you are a registered company, the rules are different, which is why kofi is stating this. ??

@FediThing
I think your first point of reference should be your country taxation board/agency. Regardless of your payment processor's note, they might have some advice for donations. Another option if you don't want tax agent to notice your case is find out from the local civil society scene first as they're also most likely to handle foreign donations. They might give their perspective as institutions with non-profit status but there could those on proprietary status as social enterprises.

Because tax law is so variable I'm not even sure what's the general position of your taxation regime but in general I feel like the PP's notice is not relevant to your jurisdiction if there's been no practice of levying sales tax on donations. You shouldn't need to register internationally either. The sales tax is based on the operator's domicile, not the donors.

But yes, please do check with your local NGOs/charities and tax board (they should offer public advice service)
@feditips

@FediThing @feditips Not tax advice but in most countries there is a minimum threshold that you have to cross in order to be liable for sales/VAT taxes. In Japan for instance if your sales are under 10,000,000 JPY. $500,000 in California. EU 10000 Euros. You have to cross the minimum in area through sales in the area (sales in Japan don’t count towards EU).

I’d wager you fall in the do not need to worry about this as you are probably below nexus thresholds in most areas.

@FediThing @feditips which payment processor is asking you to keep track of that?

@zym

Stripe, but I am wondering if they are just trying to panic people into buying tax services from them 🤔

They don't say I have to do it, just that I *may* have to do it.

@FediThing I am like 99.9% certain they're just pressuring people into buying their tax services since they do take a cut every transaction themselves for their tax calculations, which is a really bullshit money grabbing move imo. They did the same trick to me but I refused their services, and so far I'm doing fine, no letters so far

@zym

Yeah, I'm wondering if you might be right...

I'm feeling a bit naive now 😳

@FediThing Idk how else I can help from here, good luck!

@FediThing @feditips

So I can't help for any other jurisdiction but in the EU you only need to track each individual country if the income from that specific country is over a certain amount which I ***THINK*** is about €25,000 per year. So if you get less than that from e.g. Germany then just forget about paying VAT in Germany.

@FediThing @feditips

It depends. (I am a lay person)

But for example, I am living and running my small business in Switzerland. All exports are Swiss Sales-tax exempt, but my clients abroad need to pay their local import sales tax of their country, if it applies.

Also within Switzerland a small business below a given revenue threshold is sales tax exempt, unless deliberately selecting to pay (and deducting it for stuff bought). Similarly in Germany.