EU Court Rules Lower Sales Tax Only Applies to Print, Not eBooks

European countries must levy standard rates of sales taxes on digital books and newspapers rather than the reduced levels possible for their printed equivalents due to e-commerce rules, the EU's top court ruled on Tuesday.

The European Court of Justice was called to interpret EU rules on value-added tax (VAT) after Poland's commissioner for civic rights questioned whether the system of allowing lower rates only for printed publications was fair.

The court said the rules allowed EU countries to apply reduced VAT rates to printed but not digital publications even though both met the European Parliament's objective when passing the VAT directive - the promotion of reading.

The court reasoned that the exclusion of reduced rates for digital books was the consequence of a specific VAT regime for e-commerce for which clear and uniform rules needed to apply.

The EU's 28 member states could therefore not be allowed to apply lower sales tax to ebooks.

"(It) would effectively compromise the overall coherence of the measure intended by the EU legislature, which consists in the exclusion of all electronic services from the possibility of a reduced rate of VAT being applied," the judges said.

The European Commission last year proposed changes to the rules to allow countries to align sales taxes for digital and printed publications, part of a wider plan to give EU states greater powers to set VAT rates.

(Reporting by Waverly Colville; editing by Philip Blenkinsop and Susan Thomas)

images by keith_rock

2 Comments on EU Court Rules Lower Sales Tax Only Applies to Print, Not eBooks

  1. “The court reasoned that the exclusion of reduced rates for digital books was the consequence of a specific VAT regime for e-commerce for which clear and uniform rules needed to apply.”

    Not e-commerce per se. If that was so then print books sold online would have to be taxed at the standard rate.

    The issue is services. In the words of the ruling,

    EU Court Rules Lower Sales Tax Only Applies to Print, Not eBooks
    Posted on 7 March, 2017 by Contributor in Taxes // 0 Comments
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    European countries must levy standard rates of sales taxes on digital books and newspapers rather than the reduced levels possible for their printed equivalents due to e-commerce rules, the EU’s top court ruled on Tuesday.

    The European Court of Justice was called to interpret EU rules on value-added tax (VAT) after Poland’s commissioner for civic rights questioned whether the system of allowing lower rates only for printed publications was fair.

    The court said the rules allowed EU countries to apply reduced VAT rates to printed but not digital publications even though both met the European Parliament’s objective when passing the VAT directive – the promotion of reading.

    The court reasoned that the exclusion of reduced rates for digital books was the consequence of a specific VAT regime for e-commerce for which clear and uniform rules needed to apply.

    The EU’s 28 member states could therefore not be allowed to apply lower sales tax to ebooks.

    “(It) would effectively compromise the overall coherence of the measure intended by the EU legislature, which consists in the exclusion of all electronic services from the possibility of a reduced rate of VAT being applied.”

    So long as retailers offer ebooks with a licence, not as a product to be bought and owned outright, then this is a fair (in legal terms, not so much for the consumer) ruling.

    In theory small retailers and individuals selling ebooks outright as paid-for goods should be able to claim their product is exempt. But of course they are the ones least able to argue that case in Court.

  2. “In theory small retailers and individuals selling ebooks outright as paid-for goods should be able to claim their product is exempt.”

    Does anyone do this ?

    If you sell a memory stick or CD with an ebook on it, what rights does the buyer get ?

    Quoting Baen “You own it; it’s yours” but what additional rights have passed?

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  1. EU Court Rules Lower Sales Tax Only Applies to Print, Not eBooks | The Passive Voice | A Lawyer's Thoughts on Authors, Self-Publishing and Traditional Publishing
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