EC VAT exempt delivery no more possible?

Hi all,
was anybody in the non-french EU able to buy/upgrade from DxO recently with VAT exemption (by presenting a VAT ID)?
The DxO web site shows me the gross price (50 EUR for PL5 elite upgrade) and gives no indication about VAT exemption.

well, in the mean I got an answer from DxO:

DxO deliberately claims the gross price also for VAT exempt delivery (intra-EU sales with VAT ID). Since they don’t pay VAT in this case, they earn more money from business users but do not pass on the savings to the customers.

IMNSHO, this is rude.

It’s also illegal.

DxO will have to return the VAT to me as I’ve just bought two upgrades on the Black Friday Sale.

I was promised the website would support VAT by Black Friday by Fabrice:

Our e-commerce system has recently changed. We are currently experiencing an issue with the display of VAT on invoices and online shops for professionals. IT developments are necessary to manage orders from client companies differently. The final and compliant invoice template will be put into service in mid-November. If you can wait until then or even better at the end of November, you can also benefit from the best rates of the year with Black Friday.

If DxO prefers to sell at full price and then refund the VAT, that’s their choice. DxO can attempt to hide behind IT/ecommerce failures (quite embarrassing for a software company) but DxO cannot hide from the law.

I got a correct tax exempt intra-EU invoice last year, so it is not illegal regarding tax law.

You just pay more than a consumer resp. DxO earns more than if selling to a consumer.

Last year the DxO system did support VAT purchases. And no DxO cannot list a price, not break out the VAT and keep it for themselves. I’m far from sure DxO is allowed to price distinguish between personal purchasers and businesses. The business laws in the EU are quite strict, as otherwise it breaks down in chaos with twenty-eight member countries all interpreting the rules differently. Austria in particular has had their knuckles rapped several times for trying to distinguish between EU citizens and Austrian citizens.

It makes no sense for DxO to provoke all the professional photographers in Europe by refusing to follow the guidelines on intrastate commerce. Wouldn’t be their first own goal though.

Everybody has to pay VAT. But when you’re an entrepreneur with a VAT number you can ask a refund from the tax authorities.
In some circumstances it is posible to sell an article without VAT. But then the seller has to be sure you have a VAT number, otherwise he gets a post-clearance recovery and a fine.

George

When I was VAT registered in the UK, if I bought something VAT-inclusive, I just entered the VAT paid in my return and it was deducted from any VAT left to pay. Unless things have changed, it shouldn’t matter whether you pay the VAT at time of purchase or not.

It is still the same I think. In Holland anyway.

George

1 Like

you need to be more precise here: Did you buy in the UK or from another EU member state?

It is not a problem when I buy domestically, but for intra-community acquisition, it is quite different. You can not easily deduce French VAT in other EU countries. Read European Union value added tax - Wikipedia

As far as I see, DxO did support Intra-Community acquisition before 2020, then they deliberately decided to put the saved tax into their own pocket if a buyer presents a VAT ID. Our to say it politely: The increased the price for buyers presenting a VAT ID.

Please correct me if I’m wrong, but only do so if you know exactly.

1 Like

Now that’s interesting: Although I did not present a VAT ID (I expressly revoked the application of the VAT ID), VAT was not shown on the invoice.

Instead, it states: “Exemption from VAT, Art.283.1 CGI (French General Tax Code)”.

So if it is true that French companies can sell software to any customer (also consumers) from other countries tax free, I was wrong in my last posting writing “put into their own pocket” and I apologize!

This is surprising (not possible in Germany).