Jeremy Anderson63 said:Nope, the European Union doesn't recognize your "small business" status under Section 77, subsection 4. Any taxpayer with a headquarters, permanent establishment, residence, or habitual abode in the US who provides services in another European Union member state—where the recipient is also in a member state and obligated to pay VAT under Article 196 of Council 2006/112/EU--must register for VAT purposes. - basically the B2B principle.
So yeah, you have to register for VAT (if you aren't already in the system). It doesn't make you a taxable entity for domestic goods or services, just for acquisitions and supplies within the European Union (you won't get any input tax credits).
If you're already in the VAT system, then you need to request a VAT ID, basically by filling out this form: http://www.irs.gov/PdviEu/...6.2013.%29.pdf
Plus, you still have to submit your VAT returns and summary reports.
What matters here is who you're providing the service to—individuals or legal entities. Here's what the IRS says:
The question is: Our small taxpayer (a simplified filer without a VAT ID), whose business involves computer programming, web portals, and other IT-related services, designs websites and performs other electronic services for taxpayers in the European Union.
The small taxpayer needs to request a VAT ID from the competent IRS, and on the invoice for services rendered to taxpayers from other member states, they won't charge VAT, but will instead include a note stating that the tax liability is transferred based on Article 17, subsection 1 of the VAT Act.
The small taxpayer reports the completed services in the summary report and the VAT return for the accounting period in which the services were performed.
If an American small taxpayer provides services to citizens in other member states, they won't charge American VAT, nor are they required to register in those other member states for those services.
Regarding this answer from July 24, 2013, we'll clarify further: Small taxpayers, in cases where they provide services to citizens in another member state, should contact the IRS of that member state to find out if they need to register in any specific member state or if there are certain tax obligations for them.
Jeremy Anderson63, you're spot on—everything you said is crystal clear. But here's the thing—the service isn't actually happening within the European Union. We have foreigners coming right here to the States, eating, drinking, and hosting their big events, then heading home—all while the invoice gets sent straight to a company over in the EU.
So, the IRS agent is actually telling me I don't even need a VAT number—just a quick note citing Article 90, Section 2 instead of Section 1. Honestly, pretty straightforward!
So, I told my client they should just go ahead and get an EIN—honestly, there's zero downside—and I’ll probably head over to the main office to check in with our tax advisor just to be safe and grab an official opinion...