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VAT: Discussion w/Zee Linden July 31-Aug 03 2008

Damanios Thetan
looking in
Join date: 6 Mar 2004
Posts: 992
08-01-2008 04:46
From: Porky Gorky

This feature has never worked for me. I've tried to download statements both from my home PC and work laptop, but I allways get 'unable to load page'. Tried in 3 different browers with no luck. I've allways assumed this is a broken link or a feature not yet implemented.

Does this feature work for you?


Yes it does, although the information i receive on it is far from perfect.
Normally I would SEND invoices on services rendered. And of course receive invoices on services rendered from others.
The Account Statements are basically a mix-up of both now.

The 'account statements' are atm. invoices from LL with (in my case mostly) a negative billing amount. (Money received)

Also, they're using US accounting standards.
They don't show any information on VAT at all. (Either charged or being exempt through exchange of VAT numbers)
They are not directed at my company, but at me personally. (Wrong billing address)
They don't show a clear 'amounts billed, or amounts received'
etc. etc.

I generally see them as 'backup account statements'/'specifications of services rendered'
I tend to see my cashouts to my own accounts (paypal, bank accounts) etc. as the actual money transfers, and use my own internal invoicing for administrative purposes.
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Noisey Lane
Registered Trademark
Join date: 18 Jul 2007
Posts: 9
08-01-2008 05:44
LL banned gambling because it is against US law.
Many of us do not live in the USA and are allowed to gamble but now can't in SL.
I'm not much of a gambler myself so I can live with it - even if I personally think it's ridiculous to impose such barriers on users not governed by US law - move the servers out of the USA and rejoice in the liberty you crave!
Now LL are collecting taxes for a foreign country!
Is every US business doing this? Has LL had a compliance order issued from the EU?
European countries don't collect internal US taxes I believe so why does the US collect taxes on behalf of Europe?
With bank fees and foreign exchange fees, each government is already taking their cut.
This certainly makes playing Second Life more expensive for Europeans and therefore against the principals of the VAT law.
LL, being outside of Europe and operating a 'virtual economy' are in a prime position to challenge this intrusive law by saying "No - we will not charge VAT because we are in the USA' - get your ISP to charge VAT but not us - coz we ain't in Europe!" or similar.
If there is a good legal reason for a US based company to collect European taxes, please LL post these details so we know.
Raven Primeau
Expletive Expletive
Join date: 19 Aug 2006
Posts: 26
08-01-2008 06:31
All I know is I pay VAT on nuthing basically as thats what land is basically in SL. So to save myself 17.5% Vat on this nuthing I sold my humble 1/4 sim and buggered off to rent privately and pay no VAT.

Seems to me there are many ill and many overinformed ppl posting here, fascinating as it is I'm sure. Just one point for the tintanks is we pay income tax, national insurance *which supposedly pays for our med care NOT VAT!* and VAT on top on all but a handful of supposed essentials.

Asinine comments like *move to a country that doesnt charge VAT* is so F..ing stupid, now you wonder why so many have a poor view of *the land of the free*

As for applying to international law, I for one as a woman wont be covering up my body except for my eyes to appease Muslim decrees will you. me so wonders where this will end?

Frustrated and VAT free *smiles knowing my non existant VAT money isnt supporting the phoney war that ar@e in the whitehouse started in Iraq and the imbecile here in the UK followed along!
Charlotte Bartlett
Registered User
Join date: 21 Sep 2006
Posts: 97
08-01-2008 07:19
From: Porky Gorky
There seems to be a grey area regarding the legality of Linden Labs charging customers from all EU countries VAT. Being a law abiding UK citizen I am happy to pay LL VAT on the services they provide to me, mainly to avoid any suspision from the tax man. However if you insist on charging me VAT you are legally bound by UK law to to provide me with an invoice or financial statement detailing your EU Registered VAT number at least once per financial year. Within the last financial year I recieved no such statement. I have used all avenues of communication available to me to request said statement from LL and have yet to recieve it. My accountant has also tried in vain extract this statement from you and has now formerly lodged a complaint against LL to HMRC.

This is an extremely serious oversight on your part and I strongly advise you to employ a financial/legal adviser versed on EU law to make sure you comply with the national laws of every EU country that hosts residents within your user base.


Porky same here. I am entitled to a written statement and also to obtain Linden Lab VAT number. As of yet I am not offsetting the VAT myself so have not submitted ours.

Feel free to share what you get via HMRC, as this would help us too. I have not reported them for failing to provide what is required under law as I am wondering if the account summary is sufficient (but I think not as the VAT number isn't displayed). Our financial year ends in October, so I am hoping it is resolved prior to then.

Actually I spoke to HMRC today on this. And they were incredibly helpful. They confirmed if in the UK we are paying VAT to a company, we should be getting a VAT statement that includes the companies registered information and VAT number.

I wonder if they brought on VAT on their financial cycle, if so it may be a year from introduction until we receive the statement....checks date....
Roslyn Korobase
Registered User
Join date: 3 Mar 2007
Posts: 23
Where does the VAT money go?
08-01-2008 07:31
How is the VAT collected from linden labs, I assume it goes to the big EU pot and none of it actually comes back to the country I am based in or does in get divided up and paid to individual EU governments?

Not that i agree with its charges at all, but i'f i must pay it i would rather my own government wasted it than the big black hole EU pot that goes god only knows where.
Tex Nasworthy
Udder Disgrace
Join date: 2 Sep 2006
Posts: 1,330
08-01-2008 07:59
From: Chriss Wunderland
EU players are now playing the game under dual laws EU VAT laws and US gaming laws

Last year due to US gaming laws we were prevented from gambling withing SL ..."then" we were hit with the VAT laws.

Now correct me if i am wrong here firstly we were playing the game under US laws =No gambling.
Then told we were playing the game under EU laws = Taxation

As a UK player along with many thousand others believe if we are being subjected to EU laws hence having to pay VAT on eveything we do within SL then we are allowed to play the game under our own laws hence Gambling on EU sims!!!!!!!! BUT we are not we are still subject to the US law of NO gambling



Chriss, the facts of what you are saying are true, however, I think your conclusions are flawed. You play SL under EU rules because you live in the EU. Any thing you do, you do under EU rules because that is where you live. You cannot gamble in SL because for legal concerns SL is basically a US website. You cannot gamble legally on any US website. Websites based in other country may be able to offer legal gambling, but your participation is control by your place of residence, the EU.
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Forums Users Love Lustfully
Darkelf Torok
Registered User
Join date: 11 Feb 2007
Posts: 4
the sad part...
08-01-2008 08:01
My conclusion is that LL isn't and wasn't really concerned about the well being of the EU customers......

my EU-sim is connected to a large group of USA sims....my simbill went from 295 to 360 us$ in 3 weeks of notice......raising rentalprices??? nah nah...poof...renters gone next door.

selling my sim in those weeks for a good price was not an option since the collapse of the secondhand simmarket was still bad cause of the anti-gambling crisis......selling a sim was throwing away a large part of the initial startprice..

...a money-back option??????? omg....that would hurt :P

LL clames they payed VAT FOR us till sept 2007....which of course they didnt.....

LL gave the VAT notice via the blog...no personal message....tickets about VAT werent answered for weeks....oh??? they didnt see that amount of tickets coming????

LL points to EU for complains.....what ever did LL to fight for us EU-ppl? NOTHING!...they just ignore the EU-TAX-Dog till they couldnt anymore..

.....they knew EU would loose ANY economical state/balance inside SL.....did they CARE??? of course...pfff...lol....they did EVERYTHING to avoid the VAT-thing OR come with a solution, or not???

Anyway...after weeks/months of frustration...and pain in my wallet.....from the bottom of my heart ......i hope LL's EU-customerbase will bleed empty....SL isnt a place to be for any EU market action..and....very cheap sims are not far away with the current OpenSIM projects...

What really the sad part is.....is that this Forum Topic...will set LL not to work for a solution....but just keeps the Marketing/PR people busy responding as smooth and correct as possible...and...to point to the old VAT information blog or the EU for any further comment....

*cry*
Minela McDonnell
Registered User
Join date: 17 Jun 2008
Posts: 3
08-01-2008 08:04
Hello :)

may it is better if we all pay the same. i mean: everyone have to pay the same taxe, the highest tax. The difference between our real taxe and and the high tax can be used from Linden for whatever - but that´s the only way for us to have the same level i think.

regards

min

ps. no, i dont real think that is a idea to make all happy, most will cry i belive ;)
Gemma Schwartzman
Registered User
Join date: 14 Feb 2007
Posts: 2
no vat
08-01-2008 08:08
Sorry for my English, I never write in a Engishforum.
I don't agree with the VAT, its wrong becouse this is a virtualworld, its not the real world.

You have stared the VAT and what will bee next?
If i sell my sl flowers, i need to pay in Holland VAT (BTW) of this transaction.
If i have an income (salari) i need to pay icometax (loon/inkomstenbelasting)
If i sell house i have to pay transaction tax (overdrachtsbelasting)

You cant start the road you are on now, its not good this is a virtualworld.

I understand there are big companies, and yes they will lower there coast with the VAT they have payed. But the biggesed group are the normal/smal users of sl and we have extra coast becouse this VAT, and thats unfair.
Find out a way to skip this.
Brenda Connolly
Un United Avatar
Join date: 10 Jan 2007
Posts: 25,000
08-01-2008 08:12
From: Deira Llanfair
That, I believe is correct. The service is currently exempt from US Sales Tax - so until such time as the US changes their laws about this, US residents do not pay sales tax for Second Life membership or tier costs.

The only two things you can be sure about in life are death and taxes.


There is no US sales tax. All sales taxes are charged on the State Level. Some staes, like New Hampshire and Delaware have no sales tax. Here in New Jersey, sales tax is 7%, with some areas designated as Urban Enterprise Zones that can charge 3%. There is no tax on clothing or food in NJ.

This past November The Internet Tax Freedom Act was signed, extending the ban on Internet Service Taxes and some online purchase taxes until 2014.

Oh and please ignore the idiotic "Sucks to be you to have to pay VAT", from the morons here. Every country has their idiots, besides the ones we elect.
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Don't you ever try to look behind my eyes. You don't want to know what they have seen.

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Minela McDonnell
Registered User
Join date: 17 Jun 2008
Posts: 3
08-01-2008 08:13
From: Gemma Schwartzman
But the biggesed group are the normal/smal users of sl and we have extra coast becouse this VAT, and thats unfair.
Find out a way to skip this.


yes, and thats a reason for me to say: Lets make us all even - everyone pay the same tax, cause i real think there is no way back to pay no tax ;)

regards

Min
Victor Goff
Registered User
Join date: 23 May 2006
Posts: 4
Subject to the EU?
08-01-2008 08:39
As a California based company with servers located within the United States, why are you subject to any EU law? EU subjects have to pay their VAT. But explaine why a United States company can be compelled to serve the EU as a tax collection agent. If the EU wants the taxes collected, it is their responsibility to compel their subjects to do so. Citizens of the United States are not subjects of the EU.
Deira Llanfair
Deira to rhyme with Myra
Join date: 16 Oct 2006
Posts: 2,315
08-01-2008 08:49
From: Roslyn Korobase
How is the VAT collected from linden labs, I assume it goes to the big EU pot and none of it actually comes back to the country I am based in or does in get divided up and paid to individual EU governments?

Not that i agree with its charges at all, but i'f i must pay it i would rather my own government wasted it than the big black hole EU pot that goes god only knows where.


Linden Lab remits the VAT they collect to HMRC - the tax authority in the UK. HMRC has a system for sorting out the payments and passing the tax collected on to the other EU Tax authorities.

I do not know whether the tax authorities in other EU states have a similar system or not - this may only be a service provided by HMRC (Her Majesty's Revenue and Customs.)
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Deira :)
Must create animations for head-desk and palm-face!.
Deira Llanfair
Deira to rhyme with Myra
Join date: 16 Oct 2006
Posts: 2,315
08-01-2008 08:53
From: Victor Goff
As a California based company with servers located within the United States, why are you subject to any EU law? EU subjects have to pay their VAT. But explaine why a United States company can be compelled to serve the EU as a tax collection agent. If the EU wants the taxes collected, it is their responsibility to compel their subjects to do so. Citizens of the United States are not subjects of the EU.


I think this could be because Linden Lab have a registered office in the UK and the VAT Man can knock on the door and shut them down.

Believe me the VAT Man is a very scary being - vastly more terrifying than anything you encounter in Second Life. They have powers that can make the hardest nosed business executives lose sleep.
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Deira :)
Must create animations for head-desk and palm-face!.
Minela McDonnell
Registered User
Join date: 17 Jun 2008
Posts: 3
08-01-2008 08:56
Its not the real World - its a second world :)

so i think, its a real good idea, that that everyone of us residents are even. it should be not importand where we come, and also we have to pay all the same VAT.

its like rl, you go into a shop any buy a bread for example. why should the next one pay more or less, cause he is from annother country?

no

better we all have to pay the same :)
Deira Llanfair
Deira to rhyme with Myra
Join date: 16 Oct 2006
Posts: 2,315
LL VAT Registration ID: EU826011179
08-01-2008 08:58
You can find Linden Lab's VAT Reg No on your statements.

Go to your Account page on the website and select "Account Statements" from the options on the left panel.

View a statement and the VAT Reg Number is under the address on the left hand side.

VAT Registration ID: EU826011179
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Deira :)
Must create animations for head-desk and palm-face!.
Deira Llanfair
Deira to rhyme with Myra
Join date: 16 Oct 2006
Posts: 2,315
08-01-2008 09:01
From: Minela McDonnell
Its not the real World - its a second world :)

so i think, its a real good idea, that that everyone of us residents are even. it should be not importand where we come, and also we have to pay all the same VAT.

its like rl, you go into a shop any buy a bread for example. why should the next one pay more or less, cause he is from annother country?

no

better we all have to pay the same :)



Your ok there Minela - there is not VAT on food - yet...... on restaurant and hotel services, yes, but not when buying food at the grocers or supermarket or farm shop.

The world may be virtual, but the server hosting we pay for is real - and that's what tier really is - server hosting charges.
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Deira :)
Must create animations for head-desk and palm-face!.
Barmovic Boffin
Registered User
Join date: 21 Jan 2005
Posts: 87
Should LL close all EU offices ?
08-01-2008 09:02
It seems that EU residents may be suffering a big financial disadvantage simply because LL has chosen to open offices/branches/service-centres within the EU.

Did LL realise that this consequence would follow ? Did those EU residents calling for such support realise it ?

If eliminating this presence would remove this liability, I seriously suggest it be eliminated.

If you are currently an EU resident, please post your opinion. Would you be happy to lose all local support, and always deal with the US, in return for escaping from VAT ?

My vote is - eliminate local support if it would eliminate VAT.
Barmovic Boffin
Registered User
Join date: 21 Jan 2005
Posts: 87
Should LL accept tier payments in L$ ?
08-01-2008 09:08
It seems this would eliminate the legal requirement to charge VAT in many EU countries.

If this is so, what earthly reason is there for not doing it ?
Lennard Lorefield
Registered User
Join date: 29 May 2008
Posts: 3
proposal
08-01-2008 09:19
The idea is to avoid VAT by increasing transparency for the sim market.

proposal to LL:

- estimate the lifetime of a sim server.
- set the initial cost to buy a new sim to "near-zero" and demand a slightly higher monthly tier so that within the estimated lifetime you can expect to get the same value out of your sim as you did before.


Effect:

- transparent profit margin for sim owners right from the start.
- less risk for sim owners, bc the initial investment is smaller
=> transparent costs/risks for sim-owners mean transparent lease prices for inworld tenants, also: more people will enter the sim market
=> stronger competition => competitive lease prices
=> VAT-residents will be able to rent a sim inworld from other residents for just a small amount over the tier that is payed to LL by non-VAT-residents.

EU residents will still not be able to compete with US residents regarding direct payment to LL but at least all the 'smaller' residents who just want to rent land for personal needs will effectively have 'near-fair' running costs compared to non-VAT-residents.
Barmovic Boffin
Registered User
Join date: 21 Jan 2005
Posts: 87
Can we access a list of the VAT rates LL is applying ?
08-01-2008 09:20
Is LL doing it correctly ? It is quite complex.

I think we should have the right to see the list.

For instance, there are some anomalies. Guernsey and Jersey, for instance, appear to be part of the UK (they have UK postcodes). But they are not members of the EU, and no VAT is chargeable to their residents. There may be other anomalies.

I am about to move back home to Guernsey. How can I go about getting VAT removed from my tier ? What is the procedure in general for changing VAT rate when changing address ? Either within the EU or across its boundary ?

There may be other anomalies, places which appear to be in the EU, but are not. Is LL aware and respecting their rights ?

Could we please have either a link to, or a posting here of, the list of countries whose residents are being charged VAT, and their rates ?
Barmovic Boffin
Registered User
Join date: 21 Jan 2005
Posts: 87
08-01-2008 09:30
From: Lennard Lorefield
...
- set the initial cost to buy a new sim to "near-zero"....


So many apparently good ideas founder because of an unintended consequence not noticed by the proposer.

In this case, LL would encounter a huge uncontrolled surge in demand for new servers from hopefuls dreaming of commercial success. On failing to profit they would simply cease paying tier, abandoning all the now surplus servers, the cost of which LL would never recover.

You would transfer all the risk of these unfortunate ventures from the hundreds of naive starry-eyed entrepreneurs to LL, and thus onto everyone else.
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PS That's even assuming you could craft some sort of transitional/legacy arrangement to avoid wiping out people's prior land investment. Which would seem very hard to achieve if not impossible.

A definite non-runner, in my opinion.
Lukas Mensing
Registered User
Join date: 3 Dec 2006
Posts: 2
Forum discussion and the VAT subject...
08-01-2008 09:44
Using the forum för such discussions is a VERY good idea. It will (maybe) even help lowering pressure on the official Linden Blog.
Now discussing again this VAT problem is a waste of time for LL and for us users...
Maybe you choose this subject to test communication through forum because the VAT is a "hot" and "sensitive" subject and this will help you measure the pressure on this medium?
I don't think it's a good idea...
Its more like a "barking session": Discussions where we can give our opinions and where our opinions do NOT help changing the situation...
The actual situation is clear and will not be changed:
Zee Linden after a "successful experience" at HouseValues, Inc. came to Linden Lab and as a CFO decided to implement VAT för EU residents.
Did this have a positive consequence on SecondLife (long term view)? we will see...
Some EU residents continued with the losses generated by the VAT thing, others registered RL businesses to not have to pay VAT, others sold or abandoned their estates to rent from non EU residents, and some others simply sold their virtual properties and downgraded to "basic" as I simply did...
We could test the forum together with a more interesting subject, like the interoperability etc etc...
Athanasius Skytower
Registered User
Join date: 29 May 2008
Posts: 21
08-01-2008 09:47
From: Raven Primeau
Asinine comments like *move to a country that doesnt charge VAT* is so F..ing stupid, now you wonder why so many have a poor view of *the land of the free*


I assure you that our days of taking y'all's poor view seriously are certainly coming to a middle.
Lennard Lorefield
Registered User
Join date: 29 May 2008
Posts: 3
08-01-2008 09:59
From: Barmovic Boffin

In this case, LL would encounter a huge uncontrolled surge in demand for new servers from hopefuls dreaming of commercial success. On failing to profit they would simply cease paying tier, abandoning all the now surplus servers, the cost of which LL would never recover.

You would transfer all the risk of these unfortunate ventures from the hundreds of naive starry-eyed entrepreneurs to LL, and thus onto everyone else.

Low transfer costs will increase the fluctuation in the sim market, yes, but a returned sim is not a dead sim for LL, it can be sold again quickly. Of course, LL should not overflood the market with sims but they have all the market data at hand to estimate the need for new sims. It might seem more comfortable to run a zero risk company but good business is not about minimizing the risk, it is about maximizing the expectation value, and I think a more liquid sim market is more attractive and therefore more profitable.
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