The Battle over Tax Avoidance in the EU Begins

The EU is instituting major changes in the taxation of digital items in EU.

It makes changes in the Value Added Tax (VAT), both in rates and how it is assessed:

Europe’s tax showdown could be headed straight to people’s wallets.

With the new year, a change in fiscal rules in the European Union is increasing the tax on many purchases of digital content like e-books and smartphone applications.

Under the new rules, first approved in 2008, the tax rate on digital services like cloud storage and movie streaming will be determined by where consumers live, and not where the company selling the product has its European headquarters. Tax experts say Europe’s revamped rules could add up to an extra $1 billion in annual tax revenue for European governments.

The bit about having the VAT assessed based on the location of the purchaser (technically it works this way in the US, but this rule is rarely followed).

This this is all about the predatory tax policies of places like Luxemburg and Ireland:

The changes to Europe’s so-called value-added tax — a tax on goods and services similar to sales taxes in the United States — are part of a continuing push by lawmakers to tax the region’s digital economy more heavily. Companies like Apple and Amazon have been roundly criticized for housing their European operations in low-tax countries like Ireland and Luxembourg. The companies say they operate there legally.

Many of the world’s largest tech companies selling digital products, like Amazon and Microsoft, now house their European digital businesses in Luxembourg, where the V.A.T. rate is as low as 3 percent for e-book purchases. In contrast, countries like Britain charge companies a 20 percent sales tax for selling e-books. Analysts say the current rules provide an advantage to global companies that have the financial muscle to shop around for the lowest tax rate.

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One of the European countries most affected by the tax change will be Luxembourg. The small country’s low value-added tax rates have enticed Apple to set up its international iTunes business there, and Microsoft’s digital download operation is also based there.

Luxembourg’s corporate tax system is being challenged by several European investigations into whether politicians gave preferential treatment to the likes of Amazon and a financing unit of Fiat, the Italian carmaker. And Jean-Claude Juncker, Luxembourg’s former prime minister, who now runs the executive arm of the European Union responsible for the continuing investigations, has been criticized for his role in promoting the country’s low-tax policies.

For the longest time, the EU thought that the status of tax haven EU members was considered a feature, and not a bug, but with the current fetish for austerity, this attitude appears to changed.

In any case, it is about to really suck for Luxemburg and Ireland, whose economies are largely built on being tax evasion.