UK VAT Law
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Walker Moore
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Join date: 14 May 2006
Posts: 1,458
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09-30-2007 07:59
From: Ciaran Laval VAT doesn't pay for health care, national insurance does. That's a myth, probably stemming from phrases like "I've paid my national insurance contributions all my life but...." Granted, income tax, NI contributions, etc. probably all go into the same pot, but the NHS is funded through general taxation, whereas NI contributions go towards specific allowances to which you may be entitled throughout your lifetime, like income support, unemployment benefit, pensions, etc. I got derailed by this exact US nationalist "we're better than you" attitude in another thread when I was actually trying to encourage solidarity. A bit of self-deprecating humour about us "peasants" this side of the pond didn't make that obvious enough apparently. Best to just make fun of and/or ignore this kind of speak where possible.
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Colette Meiji
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Join date: 25 Mar 2005
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09-30-2007 08:13
From: Walker Moore  R USA IZ BETER DAN UR EU PPLz! Seriously, did somebody actually mention free healthcare in this thread apart from Chris? while that might bother you - The reality is the VAT your country charges goes towards something your government funds. Whether healthcare or not really isnt the point. Of course theres no free anything if your taxed to pay for it. BUT whats really relevant is it pays for something that benefits people in the country that charges the tax. Not people in those countries that do not.
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Colette Meiji
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Join date: 25 Mar 2005
Posts: 15,556
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09-30-2007 08:18
From: Nicola Samiam I really don't understand why everyone is getting hung up on "cultural" differences. It's quite simple - 26th September - Land Tier for all = US $75 27th September - Land Tier for US Residents = US$75, but for UK Residents = US $88.13 - an increase of 17.5% and for others in the EU the increase will mean that the same Tier now costs $93.75 Regardless of where the money goes, in effect, the cost of SL for EU Residents HAS increased (15% - 25%). Since USA Residents don't pay any tax on internet services, the cost has remained the same for USA residents, but has gone up for EU residents. I know that this isn't LL's fault, but it could have warned us in advance instead of sending an "after the event" message to only SOME (but not all) EU residents. And, as I said before, the repercussions will have an effect on ALL SL residents. Think of it like this: 1. You pay rent to your landlord every month of $1000 (or whatever). 2. After all your other household bills are paid, you have $100 to spend on cookies. 3. You spend $100 on cookies - The Cookie Guy makes money! 4. The government (not the landlord) imposes a new tax on home rentals. 5. You pay rent to your landlord every month of $1100 (and the landlord gives $100 to the government). 6. After all your household bills are paid, you have $0 to spend on cookies. 7. You spend $0 on cookies - The Cookie Guy makes NO money! In this instance, since the majority of SL residents are USA residents, then probably the majority of vendors ("cookie sellers"  in SL are also USA residents. Which means that your sales will be affected by this sudden increase in costs for EU SL residents. Please try not to moan too much when this happens (I'm assuming that Chris Norse does not sell stuff in SL, but if s/he is I wonder who'll be moaning most loudly!) This is true - the proper notice period should have been observed. This is too much of a change to just tack on. Of course from where LL is coming from they dont see the difference between VAT and sales tax and are thinking "Oh its like Sales tax, so well just start charging it tommorrow" Yes its going to hurt everyone in the costs of Second Living. And its going to makes Europeans less competitive. This is really unfortunate. I think its going to probably suck about 10% of the economy right out the window. 
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Nicola Samiam
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Join date: 22 Oct 2004
Posts: 142
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09-30-2007 08:24
I think the reason why most EU residents are up in arms is the WAY that LL introduced the VAT charge, rather then the fact that they did at all.
Try to imagine a slightly different scenario -
The US Government introduce a 25% tax on "Internet delivered Virtual Worlds" that will be collected by the provders of those worlds at the point of sale. This new tax is not widely advertised, so not many people actuall know about it.
One day, overnight, LL add 25% to all SL charges without warning, and then (as in AFTER the charge) send an email to a random selection of US residents (but not all of them).
Please tell me how you'd feel in those circumstances??
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Colette Meiji
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Join date: 25 Mar 2005
Posts: 15,556
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09-30-2007 08:39
From: Nicola Samiam I think the reason why most EU residents are up in arms is the WAY that LL introduced the VAT charge, rather then the fact that they did at all.
Try to imagine a slightly different scenario -
The US Government introduce a 25% tax on "Internet delivered Virtual Worlds" that will be collected by the provders of those worlds at the point of sale. This new tax is not widely advertised, so not many people actuall know about it.
One day, overnight, LL add 25% to all SL charges without warning, and then (as in AFTER the charge) send an email to a random selection of US residents (but not all of them).
Please tell me how you'd feel in those circumstances?? Id be very upset - I have - consistantly - supported people being upset over the lack of notice. I personally think LL should have absorbed the First months cost. However - realisitically- if in the US a 20% tax was passed on Webhosting. Literally they would charge us on the day the tax came into effect. They wouldnt be required to give us notice at all. In fact during the Clinton Administration they increased income taxes RETROACTIVLY - which upset meny becuase by tradition this was never done. But it was legal. As long as it was for the preceeding tax year.
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Nicola Samiam
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Join date: 22 Oct 2004
Posts: 142
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09-30-2007 08:43
From: Colette Meiji Of course from where LL is coming from they dont see the difference between VAT and sales tax and are thinking "Oh its like Sales tax, so well just start charging it tommorrow" Yes its going to hurt everyone in the costs of Second Living. And its going to makes Europeans less competitive.  VAT IS the same as Sales Tax but I reiterate - What does it matter what you call it, the result is the same - you're adding to the total cost of a product. To add to the total cost of a product, whether you decide to give half the money to charity, or you have to give half to the government is an increase in the total price! And, while I kind of agree about your competiveness comment - since there are far more US Vendors than EU vendors, then another way of looking at it would be that US vendors will be competing for much less disposable income. I doubt very much whether EU vendors will be suddenly applying 15 - 25% increases in the sales price of their products (they're far more canny than LL to do that!) - It's just that EU spending power will be significantly reduced.
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Victorria Paine
Sleepless in Wherever
Join date: 13 Jul 2007
Posts: 1,110
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09-30-2007 08:46
From: Nicola Samiam I think the reason why most EU residents are up in arms is the WAY that LL introduced the VAT charge, rather then the fact that they did at all.
Try to imagine a slightly different scenario -
The US Government introduce a 25% tax on "Internet delivered Virtual Worlds" that will be collected by the provders of those worlds at the point of sale. This new tax is not widely advertised, so not many people actuall know about it.
One day, overnight, LL add 25% to all SL charges without warning, and then (as in AFTER the charge) send an email to a random selection of US residents (but not all of them).
Please tell me how you'd feel in those circumstances?? Yes, but again, leaving aside the issue of the 1-2 months due to the notice period issue (which I hope LL cleans up to be honest), the underlying reason that the tax is being imposed is because of that 2003 directive from Brussels. As between the tax-happy Eurocrats in Brussels who are trying to tax companies outside their jurisdiction (as if they don't tax European companies enough already!?!) and the clueless software engineers in San Francisco, in my view much of the ire I see in these threads is misdirected. Blame your governments and their overlords in Brussels for having this silly tax regime to begin with -- you can rest assured, the folks at LL had no clue about this, and were likely just as surprised to learn as you were that they were supposed to be remitting VAT.
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Victorria Paine
Sleepless in Wherever
Join date: 13 Jul 2007
Posts: 1,110
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09-30-2007 08:49
From: Nicola Samiam VAT IS the same as Sales Tax but I reiterate - What does it matter what you call it, the result is the same - you're adding to the total cost of a product. To add to the total cost of a product, whether you decide to give half the money to charity, or you have to give half to the government is an increase in the total price In the US we tend not to view it as a part of the price. We take the tax cost into account, but we don't view it as a part of the price. This is a cultural difference. For example, LL sets one flat USD rate -- that is what we view as the price. If there wasn't a federal law prohibiting taxes on internet services, it's likely that some of our states would tax this, and the amounts would vary quite a bit from state to state. None of that is considered "price" here -- there is one "price", and what gets "tacked on" on top of that in terms of tax depends on where you live and the laws there. We just view this completely differently from the way Europeans do, due to our different tax system and, as a result, the different pricing conventions that have developed here.
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Nicola Samiam
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Join date: 22 Oct 2004
Posts: 142
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09-30-2007 08:51
From: Colette Meiji Id be very upset - I have - consistantly - supported people being upset over the lack of notice. I personally think LL should have absorbed the First months cost.
However - realisitically- if in the US a 20% tax was passed on Webhosting. Literally they would charge us on the day the tax came into effect. They wouldnt be required to give us notice at all.
In fact during the Clinton Administration they increased income taxes RETROACTIVLY - which upset meny becuase by tradition this was never done.
But it was legal. As long as it was for the preceeding tax year. Exactly! - You'd be upset, and quite rightly. I'm just surprised that so many others seem to think that this is just us Europeans having a whinge about nothing, whereas for many it will create real problems.
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Colette Meiji
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Join date: 25 Mar 2005
Posts: 15,556
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09-30-2007 08:58
From: Nicola Samiam Exactly! - You'd be upset, and quite rightly. I'm just surprised that so many others seem to think that this is just us Europeans having a whinge about nothing, whereas for many it will create real problems. I totally understand why you are upset. And if LL really should have absorbed the 30 days notice period - especially since a little research should have told them its a legal requirement in most of europe. I suppose its possible they couldnt afford to -and this this result. I know it will cuase problems and its going to cuase a recession of sorts in the SL economy. But after the notice part is done - theres no long term solution other than to charge the Eurpeans more, by the ammount of their tax. To play Devil's advocate though - in the US there really is no notification policy on taxes.
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Nicola Samiam
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Join date: 22 Oct 2004
Posts: 142
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09-30-2007 08:58
From: Victorria Paine In the US we tend not to view it as a part of the price. We take the tax cost into account, but we don't view it as a part of the price. This is a cultural difference. For example, LL sets one flat USD rate -- that is what we view as the price. If there wasn't a federal law prohibiting taxes on internet services, it's likely that some of our states would tax this, and the amounts would vary quite a bit from state to state. None of that is considered "price" here -- there is one "price", and what gets "tacked on" on top of that in terms of tax depends on where you live and the laws there. We just view this completely differently from the way Europeans do, due to our different tax system and, as a result, the different pricing conventions that have developed here. Yes, I understand that - but in this instance, at what point would the tax be charged, if SL was taxable? - Would your local taxman call round in person, or would LL collect the tax on your state's behalf? Whether you view it as part of the price or not, the result is the same - $5 price + $5 tax = You pay $10 - If you can't afford to pay $10, then you can't have it! If say, the LL base price for a tier is $75 but your local tax on SL is 100% - whichever culture you come from, your cost will be $150 And, once again, I'm not suggesting for a second that LL should not comply with EU tax regulations - just that adding this tax to "the price" without any warning at all is very, very, very bad practice.
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Colette Meiji
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Join date: 25 Mar 2005
Posts: 15,556
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09-30-2007 09:00
From: Nicola Samiam Yes, I understand that - but in this instance, at what point would the tax be charged, if SL was taxable? - Would your local taxman call round in person, or would LL collect the tax on your state's behalf? Whether you view it as part of the price or not, the result is the same - $5 price + $5 tax = You pay $10 - If you can't afford to pay $10, then you can't have it! If say, the LL base price for a tier is $75 but your local tax on SL is 100% - whichever culture you come from, your cost will be $150
And, once again, I'm not suggesting for a second that LL should not comply with EU tax regulations - just that adding this tax to "the price" without any warning at all is very, very, very bad practice. Sales Tax, then LL would collect it. If the price sheet said you owe $100 for the service , and the Tax was 5% then they would just charge you $105. The listed price would remain $100.
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Victorria Paine
Sleepless in Wherever
Join date: 13 Jul 2007
Posts: 1,110
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09-30-2007 09:01
From: Colette Meiji To play Devil's advocate though - in the US there really is no notification policy on taxes.
Yes in the US, you typically aren't going to be held liable for something you need to do to comply with a tax law, but in Europe the laws are more consumer friendly, so I suppose the "expected" solution in Europe is that the supplying company gets to "eat" the VAT for the notice period because they have to comply with two laws at once: the VAT law that requires them to remit, and the consumer law that requires them not to change "price" (which in Europe means "all in" inclusive of VAT) without the notice period. So LL is kind of jammed between these two laws -- it sucks that the laws would force that, but it seems in this case that they do.
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Nicola Samiam
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Join date: 22 Oct 2004
Posts: 142
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09-30-2007 09:04
From: Colette Meiji in the US there really is no notification policy on taxes.
For sure - thanks for explaining that - But EU residents aren't actually in the US, and this tax is a tax imposed by EU legislation, not the US tax laws. Whichever law applies with regard to the notification and imposition of taxes, surely it's just good commercial practice, and good manners, to inform customers that there will be a change in the charges that will be made before those changes are applied? - That's a rhetorical question Collette - I realise that you agree! 
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Victorria Paine
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Join date: 13 Jul 2007
Posts: 1,110
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09-30-2007 09:05
From: Nicola Samiam Yes, I understand that - but in this instance, at what point would the tax be charged, if SL was taxable? - Would your local taxman call round in person, or would LL collect the tax on your state's behalf? This is why, generally, in the US sales taxes are only payable where the provider has a place of business in your state of residence. If you live in California, and if California's sales tax covered the kind of services that LL provides (which it doesn't), then LL would "add" the sales tax on top of the price, and you would pay the quoted price "plus tax". From: someone Whether you view it as part of the price or not, the result is the same - $5 price + $5 tax = You pay $10 - If you can't afford to pay $10, then you can't have it! If say, the LL base price for a tier is $75 but your local tax on SL is 100% - whichever culture you come from, your cost will be $150 Yes the total cost is increased, but I don't view that as LL changing the "price". That's the cultural difference that you seem to be missing, sorry. Taxes are a part of your cost, but they aren't considered a part of the "price" here -- I'm just trying to explain to you how the folks in SF almost certainly view this. From: someone And, once again, I'm not suggesting for a second that LL should not comply with EU tax regulations - just that adding this tax to "the price" without any warning at all is very, very, very bad practice. Yes I agree. Whatever notice or warning periods are required should have been adhered to.
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Ciaran Laval
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Join date: 11 Mar 2007
Posts: 7,951
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09-30-2007 09:06
From: Victorria Paine in my view much of the ire I see in these threads is misdirected. Blame your governments and their overlords in Brussels for having this silly tax regime to begin with -- you can rest assured, the folks at LL had no clue about this, and were likely just as surprised to learn as you were that they were supposed to be remitting VAT. Your view would be justified if LL had not known that this was coming. However they did, they knew damn well it was coming and someone who tiered up or bought an island on September 26th did so thinking their tier payments would be as stated on the land pricing page, whereas LL knew this wasn't true. LL knew by this stage that VAT was going to be added. That's why people are angry with LL.
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Victorria Paine
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Join date: 13 Jul 2007
Posts: 1,110
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09-30-2007 09:07
From: Ciaran Laval Your view would be justified if LL had not known that this was coming. However they did, they knew damn well it was coming and someone who tiered up or bought an island on September 26th did so thinking their tier payments would be as stated on the land pricing page, whereas LL knew this wasn't true. LL knew by this stage that VAT was going to be added. That's why people are angry with LL. Again, the lack of warning and notice is a very fair point, and LL bungled this badly, I agree.
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Denise Bonetto
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Join date: 31 Jan 2007
Posts: 705
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09-30-2007 09:14
From: Hiro Queso I doubt LL deliberately hid the costs. As someone else has already pointed out, part of that is probably down to cultural differences, but part is also due to the terrible handling of the issue. We don't know if LL are deliberately hiding the costs, but I hope it is only a cultural difference. You would think that an international company with an office in the UK would check the trading laws of the country they are in. It will only take one person to report the Brighton office for them to be in trouble and liable for a hefty fine, resulting in a large amount of the extra collected being taken away. Funny thing is, it's the Brighton office who deal with the payments side of LL so there really isn't any excuse.
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Nicola Samiam
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Join date: 22 Oct 2004
Posts: 142
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09-30-2007 09:16
From: Victorria Paine
Yes the total cost is increased, but I don't view that as LL changing the "price". That's teh cultural difference that you seem to be missing, sorry. Taxes are a part of your cost, but they aren't considered a part of the "price" here -- I'm just trying to explain to you how the folks in SF almost certainly view this.
It's really a question of semantic differences then - "price" and "cost" and the definitions thereof. If the folks in SF truly want to operate a multi-national, multi-cultural business, then perhaps they should think more about these cultural differences. And as I said, legal or otherwise, if (or should that be when?) the US government imposes a similar tax increase on SL, and LL just tack it on without warning - we'll see what comments are generated then. I'm not too sure that USA residents will shrug and say "Hey, it's not a price increase, just an extra 25% tax to pay" and not get annoyed. And back to the point about economics - the sudden impostion of this extra "cost" is bound to have a more serious impact on SL's economy than if LL had rolled this out more effectivley (think what happens to the economy of any rl country when the government increases interest rates by 25% overnight).
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Victorria Paine
Sleepless in Wherever
Join date: 13 Jul 2007
Posts: 1,110
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09-30-2007 09:16
From: Denise Bonetto We don't know if LL are deliberately hiding the costs, but I hope it is only a cultural difference. You would think that an international company with an office in the UK would check the trading laws of the country they are in. It will only take one person to report the Brighton office for them to be in trouble and liable for a hefty fine, resulting in a large amount of the extra collecting being taken away.
Funny thing is, it's the Brighton office who deal with the payments side of LL so there really isn't any excuse. Yes, but LL is not a Fortune 500 company here. This is a small start-up staffed by software engineers. Now that's no excuse for bungling it on local laws, but it is the context. This isn't IBM with a several hundred person legal department were dealing with here. And, in fact, I can tell you from personal experience, that there are many Fortune 500 and larger companies who are .. shall we say, not always "on the ball" in terms of compliance with the laws of every place they are doing business.
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Walker Moore
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Join date: 14 May 2006
Posts: 1,458
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09-30-2007 09:26
From: Nicola Samiam It's really a question of semantic differences then - "price" and "cost" and the definitions thereof. If the folks in SF truly want to operate a multi-national, multi-cultural business, then perhaps they should think more about these cultural differences. And as I said, legal or otherwise, if (or should that be when?) the US government imposes a similar tax increase on SL, and LL just tack it on without warning - we'll see what comments are generated then. I'm not too sure that USA residents will shrug and say "Hey, it's not a price increase, just an extra 25% tax to pay" and not get annoyed. And back to the point about economics - the sudden impostion of this extra "cost" is bound to have a more serious impact on SL's economy than if LL had rolled this out more effectivley (think what happens to the economy of any rl country when the government increases interest rates by 25% overnight). Let's not get carried away here. No tax increases have occurred. Rather, existing tax rates have been imposed. By the EU. On EU citizens. The platform is irrelevant really. It should, in theory, effect any US company taking a certain amount of money from EU citizens. It's unrealistic to think the USA is suddenly going to impose a 25% tax on digital services given it's preference for 0%, as expressed when the EU discussed implementing this directive back in the early 2000s. That sales taxes over there are so low anyway, means a figure like 25% makes even less sense. Edit: Just to add. I don't expect my US counterparts to feel sorry for me, although many are kind enough to offer their sympathy. It's as some of them have already said. Our ire should be aimed at our own politicians, but unfortunately forum angst doesn't translate into hits on a Downing Street website e-petition apparently. 
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NeatTrick Nixdorf
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Join date: 25 Aug 2007
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09-30-2007 09:32
According to this report (Channel4 Television) dated 25th September, one point is raised that LL were being investigated for possible TAX evasion. http://www.channel4.com/news/articles/arts_entertainment/media/second+lifes+realworld+problems/845077LOL ... basically LL got the C&E of their asses super fast by adding VAT 
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Bobo Decosta
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Join date: 14 Mar 2007
Posts: 170
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09-30-2007 09:42
So now that the euros officially get recognized by the lindens can we have some EU laws in place? Im not gonna pay extra euro VAT just to get slammed with US laws.
No guns and subsidized casino's it is!
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Nicola Samiam
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Join date: 22 Oct 2004
Posts: 142
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09-30-2007 09:46
Walker, You took my example too literally! The effect of LL SUDDENLY and without warning adding the VAT charge is exactly the same as it the US government suddenly added such a tax to internet services. In other words, the cost to many customers significantly increased overnight and this will inevitably have repercussions on the economy as a whole, much as interest rate hikes have on rl economies (although I grant you that no rl government in its right mind would add 25% to the cost of living overnight and expect the economy to trot on as normal) Victorria, "This is a small start-up..." ???? That's maybe what LL tell your tax officials, but according to http://secondlife.com/daily turnover would suggest differently! 
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Victorria Paine
Sleepless in Wherever
Join date: 13 Jul 2007
Posts: 1,110
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09-30-2007 10:19
From: Nicola Samiam And as I said, legal or otherwise, if (or should that be when?) the US government imposes a similar tax increase on SL, and LL just tack it on without warning - we'll see what comments are generated then. I'm not too sure that USA residents will shrug and say "Hey, it's not a price increase, just an extra 25% tax to pay" and not get annoyed.
Sure it would be annoying, and we would be irritated, but you won't hear us crying about a "price increase". We'd be bitching about our (in this case state) governments erecting a tax on these kinds of services, but not blaming LL for what the politicians are doing. And, as Walker has pointed out, 25% is out of the question -- this isn't Europe. Our sales taxes top out in tax-happy California at 7.25% -- most states have between 3 and 5%, and a few have -no- sales tax at all.
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