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Andrew

Clever move, but the information on VAT on electronic services is only partially correct. At present all non-EU companies that supply dating services to EU residents need to charge VAT on the service and remit it quarterly.

Quote from UK VAT site...

"Following adoption of the VAT on E-Commerce Directive In May 2002, the European Union (EU) amended the rules which determine where electronic services are subject to Value Added Tax (VAT). In particular, where these services are supplied by non-EU businesses to private individuals or non-business organisations such as government departments in the EU i.e. business to consumer (B2C), they are taxed in the country where the customer resides."

...so all US, Canadian, Australian companies etc that supply dating services to EU consumers need to register for VAT, collect it and remit or face the legal consequences of not doing so. However, because Gibraltar is in the EU, but has zero VAT, you get out of collecting VAT.....but not for long.

from VAT site...

"From 1st January 2015, this Directive also provides that VAT on telecommunications, radio and television broadcasting and electronic services supplied by a supplier established within the Community to non-taxable persons also established within the Community will be charged in the Member State where the customer belongs"

So from 1st January 2015, EU companies will face the same rules as non EU companies. This means that the VAT advantage evaporates for Gibraltar on 1st January 2015.

To find out all about VAT on electronic services see...
http://ec.europa.eu/taxation_customs/taxation/vat/traders/e-commerce/index_en.htm

For more info and to sign up to remit VAT to the EU see the following link...

https://secure.hmce.gov.uk/ecom/voes/welcome.do

Tim

Good point Andrew, I was just looking for a link to reference the same directive then spotted you'd already commented to the same effect.

We looked extensively at benefits of various offshore companies to save on corporation tax and possibly VAT. But with regards to VAT there is no way to avoid it.

As you pointed out, Gibraltar is in the EU and 0 rated, but this does not make it exempt until 2015. VAT should have been charged from 2002.

Gibraltar is a British Overseas Territory, and also part of the EU, but under Article 28 of the 1971 UK Accession Treaty it is not part of the EC Customs Union, so its treatment is the same as for the rest of the world (outside the EC).

This means for VAT purposes VAT should be charged at the rate where the customer resides.

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