EU changes VAT liability for transactions facilitated by digital platforms

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EU changes VAT liability for transactions facilitated by digital platforms

Sponsored by

Sponsored_Firms_deloitte.png
EU changes VAT liability for transactions facilitated by digital platforms

Digital platforms have until December 2020 to prepare for changes introduced by the EU, which will require digital platforms to pay VAT on behalf of their non-EU sellers and on import of goods into the EU.

On March 20-22 2019, the OECD Global VAT Forum endorsed measures proposed in its report, entitled ‘The Role of Digital Platforms in the Collection of VAT/GST on Online Sales’, that address the VAT/GST treatment of digital platforms that facilitate online transactions between two or more persons (typically buyers and sellers).

The 87-page report included measures that would make e-commerce marketplaces liable for VAT/GST on sales made by online traders through their platforms. Therefore, this would make it easier for tax authorities to ensure that tax is collected on such transactions, i.e. monitoring a limited number of platforms is easier than monitoring a multitude of smaller businesses doing business through such platforms.

The report examined two possible models to ensure the collection of VAT/GST in a world where online sales are booming:

  • The first model would make the platform fully liable for the payment and remittance of VAT/GST on the online sales they facilitate; and

  • The second is a ‘softer’ model, limiting the responsibility of the platforms to assisting the VAT authorities in the collection of VAT/GST.

The report also described possible ways in which this assistance may work in practice.

It should be noted that OECD reports are not binding on member states, but instead they aim to influence countries’ tax policies by functioning as a reference point and encouraging consistent approaches.

EU gets impatient

The EU did not await the approval of the OECD report and instead issued a directive approved by the Economic and Financial Affairs Council (ECOFIN) on December 7 2017, as well as a proposal for an implementing regulation on December 11 2018, yet to be approved by the ECOFIN. The new rules form part of the European Commission’s 2016 e-commerce VAT package that becomes effective from January 1 2021.

Under the EU directive, platforms would be treated as the seller of goods when they facilitate sales by non-EU sellers to EU non-taxable persons (such as private customers); thus, they would be responsible for paying the VAT due on the sales. Platforms also would be responsible for the payment of VAT when they facilitate imports within the EU of goods that have a value up to €150 ($168), with the exception of alcohol and tobacco products. The directive would abolish the VAT exemption on low value imports with a value of €22 or less. The platform would have to pay the VAT due in each EU member state in which the customers or importers reside, using the “one-stop-shop” scheme of their own member state. As a result, the platforms would not have to VAT register in the member state of the customers or importers but they would be required to maintain certain records.

The EU thus opted for the full liability model because it considers the lighter model to be inefficient (where platforms assist tax authorities in the collection of the tax). The underlying idea in the EU rules is to introduce a system which ensures that non-EU sellers (and EU non-taxable persons importing goods) fulfil their VAT obligations.

Digital platforms have until December 31 2020 to adapt to these changes imposed by the EU rules.

This article was written by Christian Deglas, partner, Michel Lambion, managing director and Eric Réolon, director, at Deloitte Tax & Consulting Luxembourg.

deglas.jpg
lambion.jpg

Christian

Deglas

Michel

Lambion

Christian Deglas (cdeglas@deloitte.lu) and Michel Lambion (milambion@deloitte.lu)

Deloitte Tax & Consulting Luxembourg

Website: www.deloitte.lu

more across site & shared bottom lb ros

More from across our site

While pillar two has been enacted on paper in Brazil, companies are encountering a range of practical compliance issues, ITR has heard
Moore, founding partner of the Chicago tax boutique which bears her name, shares her career wisdom for ITR’s new Women in Tax interview series
But partners at the firm admit that jumping ship to the US would not be as easy as some believe
Governments are rewriting tax policy for the AI era, deploying digital taxes, tailored incentives and algorithmic enforcement that redefine where value is created
Wingrove will succeed Bill Thomas, who has served in the role since 2017; in other news, Andersen unveiled a sharp increase in revenues for 2025
Partners are divided on Italy vs PDM D’s analytical depth, evidentiary standards, and what the judgment signals for future intra-group financing cases
As GCCs increasingly become strategic hubs, multinationals face heightened risks around permanent establishment and place of effective management
While all options presented ‘drawbacks’, European Commission tax leader Wopke Hoekstra said the controversial US carve-out deal has ‘many benefits’
From tech preparations to competitiveness concerns, Tax Systems’ Russell Gammon addresses the most pressing client considerations arising from the SbS deal
Despite estimates that the US/OECD agreement will cost countries billions, the Fair Tax Foundation’s Paul Monaghan believes the deal is a ‘necessary evil’
Gift this article