TAXES!

Just wondering what the impact of all sales on BrickLink being taxed (eventually) will have on sales on BrickOwl?

I have no clue the percentage of BL customers who know of BrickOwl, but I would imagine if they know they can buy the same parts from the same store for less...

... Sales here might “pop” (as my son puts it😎)

... food for thought

Comments

  • 39 Comments sorted by Votes Date Added
  • I really can't get my head around all these different tax and VAT changes going on, I don't even know how it will impact sales. I'm UK just shipping to UK at the moment until this virus thing eases off a bit so it might not have any impact here.
  • It won't surprise me if at some point in the near future governments mandate all online selling websites as eBay, BL, BO to handle the tax. Governments are missing out like crazy now by unofficial selling channels, grey areas, cross country (EU) or cross state selling. It will change soon. very soon.

    I will have to block Kansas as one of the states I am selling to for the simple reason that legally I have to charge sales tax in that state. There is no threshold. At some point if I grow enough, the amount of orders on BL, BO and eBay for me combined makes me pass the threshold in some other states, forcing me to set up a nexus and charge sales tax.

    I hope some day BO will also be able to handle taxes the proper and legal way.

    I know it's not fun, paying taxes has never been fun. But it has to happen...
  • @Geert Middelman
    How do you block a state, I was considering the same.

    BrickOwl isn’t doing anything illegal, as far as I see?
  • I haven't looked into it, but it's on my to do list.

    Brickowl is not doing anything illegal, but we are as soon as we cross the >200 orders or ship to Kansas state.

    It is time for the US to come with a sales/use tax on federal level. It's 2020, everybody buys everything out of state...
  • The only way I can see is individually blocking every member in Kansas, although I believe there is litigation regarding their zero threshold and until that’s gone thru the courts nothing will happen. Even if it stands I somehow can’t see the Kansas dept of revenue sending someone to collect a few dollars in unreported sales tax from thousands of etailers!
  • Let's say, practically you are right. Ethically I am right. :smile: A lot of things can't be enforced by we still are ought to play the game by the rules.

    I'm not worried, we are all so small in the grand scheme of things. But we have to consider doing the 'right' thing. I'm somewhat comforted by having both Bricklink and eBay taking care of all of this thinking for us.
  • I think wait and see what happens on BL.

    I don't fully understand how the US tax collection will work on BL. Currently I'm not posting internationally due to COVID, but if things pan out the way I understand their implementation, I will stop posting to US permanetly.

    I'm also waiting to see how their VAT system will be changing. They imply that UK sellers will automatically have VAT added to pricing. Unlike mainland EU I suspect that the vast majority of us in UK are not VAT registered. I'd love to turn around £85K annually in LEGO, but that isn't going to happen.
  • If you are a legit business (or professional individual) in the EU, this change - legal and necessary as it may be (debateable) - will, if it goes ahead, likely bring in increased accounting responsibilities for you, as you may need to declare the full amount (the order total plus the US tax) as your income, and then claim tax relief on the US tax element of it so that you don't pay your own local tax on that bit. This will depend on your tax authority.

    @White Horse Bricks - the only change regards VAT is that they will start charging VAT on their fees. This is how it should have been for years, but now TLG are involved, BL can no longer hide behind their self-imposed ignorance and claim that EU law doesn't apply to them.
  • @White Horse Bricks I attached a screenshot of how eBay is doing it, and I assume BrickLink will do it the same way.

    The minifigure sold did cost 15.50.
    Buyer is in NC, so eBay charges sales tax: 1.42
    My shipping is 3.84

    Total gross amount I received on my paypal account is 20.76 USD
    The amount lost for paypal fee is 0.90 usd
    And then Paypal immidiately sends 1.42 usd sales tax to eBay.

    Net total received is 18.44

    First issue: I pay paypal fees over the total amount, also the sales tax, so there is a slightly bigger loss there. We're not talking a lot, in this case the difference is around 1 cent.

    Second issue: the sales tax is not visible to the buyer until checkout. Whereas in Europe all prices include VAT, no way a store would display a price without VAT. Here in the states it's always a surprise how much you pay at checkout. Is it 8% more? Is it 10% more? Is this exempt from sales tax? When I moved 2 years ago, this was a major adjustment. But Americans are used to this, and no one gets upset about it.

    For you there is no reason to stop posting to the US except that 1 cent loss on paypal fees. The sales tax is for the buyer, and no buyer will get upset if they have to pay sales tax. If anything, it shows reliability and trustworthiness of dealing with a legit buyer/marketplace.

    @Lawrence, it might be worth considering to follow suit at some point. Legislation in the US is moving into this direction, it's a matter of time.
  • I haven't seen sales tax charged on eBay yet. I buy most of my shipping supplies there here is the most recent. I was charged exactly what the listing stated, is the sales tax hidden? If so the item price would show up different to buyers in different states.
  • Also @Geert Middelman
    Without rewriting the constitution there will never be a federal sales tax!

    And I see absolutely no way the 42 states collecting sales tax can impose anything on a company registered in the UK.
    Bricklink is now fully LEGO Group hence the change there.

    And once the UK finally gets away from the EU, I don't see the EU going after Brickowl either, at least it'll be no different to their relationship with, say, Israel
  • @Graham What state are you in? Not every state has the out-of-state sales tax legislation (yet), and eBay only does it for the states they have to.

    Attached is what it looks like on the buyer side for me (I'm in AR). Made an offer for 8.75 for a book, but end up paying more due to Sales tax.
  • And attached a screenshot of my eBay settings. About 80% of the states are handled by eBay. Surprisingly enough, Kansas is not.....
  • When I sell as a German located seller to Australie via ebay they add for the customer the Australian GST. The customer has to pay my invoice balance and in addition the GST. And at the end, paypal directly forward the GST to ebay from my account. I have nothing to do with it than paying a few cents more paypal fee and I have to take care about it during the bookkeeping. I guess it will become more difficult in the future, but not for us, more for the teams of the different pages like ebay, Bricklink and also Brick Owl.
  • The belief that some have that countries cannot impose their tax rules on sellers in other countries is, simply, wrong.
  • I am getting the sense that BL is collecting sales tax across the platform now automatically in some way? That really surprises me. I'll need to read over there to see if my guess is right.

    From Graham: "I believe there is litigation regarding their zero threshold and until that’s gone thru the courts nothing will happen. Even if it stands I somehow can’t see the Kansas dept of revenue sending someone to collect a few dollars in unreported sales tax from thousands of etailers!"

    I'm 100% with Graham - I know there's litigation on this, so was kind of stalling to see what happens. I am tracking all other states in real-time so I can tweak my tax settings for certain zip codes of need be later in the year. Ethically, I want to do the right thing - I may just pay anything owed at the end of the year out of pocket, we're talking less than $10 for me is my guess.

    Again, our Federal government needs to keep up with tech and intervene here (something I don't normally want outside of national security stuph, but this kind of multi-state thing is why we have a Federal gov't <s>).
  • So interestingly I started treading the thread on BL - I don't sell there, so not affected at all, but this comment from their admin surprised me:

    "The overall cost to the buyer is increased no matter where the order is coming
    from, with the exception of cases where the US seller was previously charging
    sales tax. But because this was based on a personal threshold, and not many (relatively)
    US sellers were collecting tax. "

    Not many US sellers were collecting tax on BL? Seriously?
    If you are doing anything beyond clearing out stuff you owned already (i.e., if you are restocking and entering this business to make a profit) you HAVE to follow your state's sales tax rules, it's the law.

    Do truly that many of US sellers at BL skirt the law, or are that many truly people just selling off what they have laying around and not restocking/not intending to make $$?

    Just curious. The former would suck, as it really punishes those that try to earnestly follow the rules, obviously. And their state, of course (where do we think highway funds, education plus-ups, etc., come from? <s>).
  • @Geert Middelman Quote:
    The minifigure sold did cost 15.50.
    Buyer is in NC, so eBay charges sales tax: 1.42
    My shipping is 3.84

    Total gross amount I received on my paypal account is 20.76 USD
    The amount lost for paypal fee is 0.90 usd
    And then Paypal immidiately sends 1.42 usd sales tax to eBay.

    Net total received is 18.44

    I pretty sure I read that BL will charge the tax on the full amount including shipping. Does eBay not do that currently?

    Tyson.
  • Yes, the fee is on 20.76, not on 19.34. So there we lose a bit of money. It's pennies, but over thousands of orders, it is substantial. But I see that in lieu of the costs for me to set up a sales tax nexus in a bunch of states.
  • And some non-US sellers will be charged income/corp tax on the 20.76 rather than the 19.34. It depends on the tax regime of the seller's country, but it will be a real eye-opener for some.
  • "And some non-US sellers will be charged income/corp tax on the 20.76 rather than the 19.34." Thanks is exactly what I am thinking how will affect me...
  • Really? Doesn't both the paypal fee and the paid sales tax apply for deduction in the end? I mean, they are straightforward business expenses.
  • Taxes are not normally considered expenses. Whether you can claim relief for the tax paid depends on the tax regime of the seller's country.
  • Oh I did not know that. At least both in the Netherlands and the US VAT or Sales tax is not considered income, it should be filed as business expenses. Interesting differences, that could have a bit higher impact for some of us...
  • im reading over at BL about the taxes, it means that bricklink is going to collect the taxes on your sales and add these on top of the commission fee or do i understand something completely wrong ?
  • @Geert Middelman - the thing is that this particular tax isn't a domestic tax. You wouldn't pay income/corp tax on VAT that was remitted to your country's tax authority, or to another EU authority. But in this case we're talking about an alien tax that may or may not qualify as a legitimate deduction - and that could come down to the finer details of your country's double-taxation agreement with the US, if one even exists, or a broad double-taxation element of your country's tax regime.

    At the very least, non-US sellers who still want to sell to the US states covered by this new policy should speak to their accountant or tax authority to find out how to record and report this going forward.
  • was trying to edit my last comment but wouldn't do it anymore. @Hoddie indeed what i thought it's really going to depend how you write this tax in your administration based on the local tax laws.

    @Hoddie so if i understand correctly, when i ship a order to the USA from the Netherlands, bricklink will tax me based on local tax rules?
  • edited July 2020 Vote Up0Vote Down
    Essentially, yes. Well, it's a tax imposed on your buyer rather than you, they're just deputising you to collect it on their behalf, much like VAT. BL and PayPal/Stripe will take care of the logistics, add the US taxes to the total order cost and invoice the buyer for that. PayPal/Stripe will take the entire payment, then automatically remit the US tax element of it to BL so they can then pay the relevant US tax authority.

    BUT how you - as a non-US seller - report this additional transaction to YOUR tax authority depends on your country's tax regime.

    It's likely that full relief will be given, in which case the only damage is the time it takes to record and report it along with the rest of your tax submissions. BUT not every seller will be so lucky. Some countries won't give relief, or may only give partial relief, and in this case there will be a financial cost because any amount not covered by relief will be seen as taxable income.

    Be wary of anyone who says not to worry about it. The only way to be sure is to speak to your accountant or tax authority.
  • @Hoddie, from all the posts I have read on Bricklink, it is them that are collecting the tax, not us. They are just using our Payment method to do it. I imagine it the same as if I send goods to a foreign country and the tax is collected by the customs department when it arrives. This does not have any effect on my declarations to UK.
  • If the money goes into your PayPal account, even if only for a micro second, and/or the tax is shown on the sales invoice, you will need to account for it under the UK's regime. I used to work at HMRC and I'm pretty confident about that, unless things have drastically changed since I've left the UK which is always possible.
  • @Hoddie thanks for the additional explanation! Indeed do not underestimate this, can be a bad surprise at the end of the year.

    @minifigforlife depends how your local governments see it, it passes through YOUR account, so income ? or maybe not? depend on the interpretation.
  • "If the money goes into your PayPal account, even if only for a micro second, and/or the tax is shown on the sales invoice, you will need to account for it under the UK's regime."

    But will it, though? From what I understand they will collect the money and funnel the part that is yours to you. And if not, should BL then not include that deduction in their fee invoices? If they do that, as far as I can see, it's simply increased turnover offset by a corresponding business cost (I am aware tax is not a business cost but as a EU seller is not tax registered in the US I am assuming that the money sent to Bricklink for Bricklink to cover those taxes is a business cost)... but this is just what I figure based on logic not experience.
  • Well I expect it will show on PayPal given that you're paying the PayPal fees on that additional amount. Regardless, the point stands - check how to deal with this :)
  • I have to admit I'm getting confused (and am fortunately not affected)... as a California seller, I have a resale permit, and I am legally obligated to collect and report the tax I collect, which I faithfully do. I then report on my annual taxes a sole proprietorship (so part of my personal vs. business tax reporting) sales taxes paid so they do not contribute to my income numbers.

    I'm unaware of any option that even allows a web host to "do this on my behalf", unless this is wildly new in terms of tax law, at least in the state of California? The burden is on me as the reseller to do this and to report the totals - otherwise, when I report my business tax schedules annually, it gives the appearance to the state that I am not even trying to collect sales taxes owed (unless, eBay and BL will be reporting those to each state in the name and using the resale license ID of each individual seller)???

    Again, not affected, but super confused for others here.
  • edited August 2020 Vote Up0Vote Down
    I have zero knowledge of the US tax system but I suppose BL are simply acting as a middleman, providing the means for the seller to meet their legal obligations. Either that, or there's specific legislation in the affected state that requires marketplaces to act as though they are the seller, wherever the actual seller is based outside the US.
  • This is what worries me too. If the full amount is on the PayPal invoice, as BL claimed it will be, yet part of it a tax that I never receive? But I have to pay a fee on it and my own income tax on a tax that will be counted as income even though I never received that money. Something in this makes no sense at all. And the fact that BL is doing it all does not instill one bit of confidence in it either...

    The other thing is this July 1st 2021 change that is claimed to affect all in EU. Not seen or heard anything official about that so I don't know what to think. I pay in VAT to the tax authorities now every month but will they ask BL (and BO) for that VAT then??

    Confusion is growing on a daily basis.
  • @bricksinbins The way it works on BL is as follows (if I have followed discussions correctly, and assuming sale is US-US):

    - Suppose customer places a $100 order (total of parts, and S&H added by seller), tax in his state is 5%, and sellers tax is 10%;
    - BL sends an invoice for $105 ($100 + 5%);
    - Buyer pays $105;
    - BL instructs Paypal to send $100 to seller, and puts $5 in the pot for taxes to be paid to customer's state;
    - Seller needs to pay taxes on $105, which is $10.50.

    In both cases (before the BL-tax-setup, as well as after it), seller receives $100. However, before, he had to pay $10 taxes on this sale, whereas now he needs to pay $10.50. The upside for the seller is that he doesn't have to do anything to handle taxes for the customer's state, at the cost of (in this case) 0.5% cost of his sale. For most sellers, that is a pretty good deal.

    But then again, I am not a tax expert on any level, so I am happy (and expecting) to be corrected.

    Niek.
  • It's 0.5% of the amount you receive, but it represents a whopping 5% increase in your income/corp tax (assuming you can't claim relief).

    The actual increase would be higher when taking the additional PayPal fees into account, but even then it's minor.

    But as I've said all along, it isn't the extra cost of servicing the order that's the main issue, it's the additional reporting requirements to your tax authority. Unless you're going to pretend that the US tax element doesn't exist, and forsake any relief that may be due, you will need to account for it in some way on your tax submissions. And pretending it doesn't exist may not be a legal option.
  • In the long run, for US sellers, it’ll only impact me/you IF you have more than 200 transactions into the states that have the “or 200” limit (other than KS). The overwhelming amount of my sales go to CA and they don’t have the 200 limit, just $500k.
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