Legal basis for 5% tax at MGA casinos

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Amateur

Justin

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Forum posts: 189 Member since: 02.01.2022

17th Feb. 2022, at 01:12 pm CET#21

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Stromberg wrote on 02/17/2022 at 13:01
Am not an expert, but my understanding is that the 10,000 euro total applies to "trade" in other EU countries...

Hence the sentence " Note: this de minimis threshold also includes turnover from any distance sales made to non-taxable persons in the rest of the Community."

Otherwise, this would not make sense if each customer was considered individually...

If you research a little further, Christoph had mentioned it in his articles several times, the EU casinos have generally always paid VAT in Germany. I'm not 100 percent sure and it's hard to find anything about it.

It is clearly said:

As soon as the threshold value of €10,000 is exceeded in a calendar year, the place of performance is again based on the domicile of the (private) service recipient (destination principle).

Yes, each customer must be considered individually. The law is clear here.

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Amateur

Justin

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Forum posts: 189 Member since: 02.01.2022

Legal basis for 5% tax at MGA casinos

17th Feb. 2022, at 01:17 pm CET#22

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Cona87 wrote on 17.02.2022 at 13:06
I guess that the total turnover in Germany counts. Sosnt yes almost no foreign company would demand taxes from you if you pay less than 10k euro year

There you think unfortunately completely wrong. This is relatively clearly regulated. You are welcome to read the article mentioned by Stromberg and Google the relevant terms and laws from there.

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Legend

Stromberg

Forum posts: 4.647 Member since: 17.07.2017

Legal basis for 5% tax at MGA casinos

17th Feb. 2022, at 01:20 pm CET#23

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Justin wrote on 02/17/2022 at 1:12 pm

It clearly states:

As soon as the threshold of €10,000 is exceeded in a calendar year, the place of performance is again based on the domicile of the (private) service recipient (destination principle).

Yes, each customer must be considered individually. The law is clear here.

I do not see it that way
What sense does the sentence I quoted make? If only each customer would be considered individually, the sale to other private individuals in other EU countries would be irrelevant for reaching the total limit of 10,000 euros?

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Amateur

Justin

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Forum posts: 189 Member since: 02.01.2022

Legal basis for 5% tax at MGA casinos

17th Feb. 2022, at 01:22 pm CET#24

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As I said, I'm happy to be proven wrong!

But I have also not yet read in any terms and conditions of the N1 or Gammix and how they are all called

From your 1 Euro we keep 5% and then send it to Saxony-Anhalt, when the store is up and running.

Should be mentioned somewhere, right?

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Legend

Stromberg

Forum posts: 4.647 Member since: 17.07.2017

Legal basis for 5% tax at MGA casinos

17th Feb. 2022, at 01:27 pm CET#25

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https://www.haufe.de/finance/haufe-finance-office-premium/ort-der-sonstigen-leistung-311-elektronische-dienstleistungen-telekommunikationsdienstleistungen-und-rundfunk-und-fernsehdienstleistungen-an-nichtunternehmer_idesk_PI20354_HI2279497.html

It also says. More than 10,000 euros to non-entrepreneurs in all other EU states. So I read that clearly as total turnover of all services...

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Legend

Stromberg

Forum posts: 4.647 Member since: 17.07.2017

Legal basis for 5% tax at MGA casinos

17th Feb. 2022, at 01:31 pm CET#26

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Justin wrote on 02/17/2022 at 1:22 pm: As I said, I'm happy to be proven wrong!

But I haven't read any T&Cs from the N1 or Gammix and what they're all called either

From your 1 Euro we keep 5% and send it to Saxony-Anhalt when the store is up and running.

Should be mentioned somewhere, right?

Yes, but transparency at OC is of course rare... 😂
Especially with this tolerated illegality... 😂

Many just offer the games with the crappy RTP, then you do not need to justify. Is according to MGA yes allowed...

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Amateur

Justin

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Forum posts: 189 Member since: 02.01.2022

Legal basis for 5% tax at MGA casinos

17th Feb. 2022, at 01:36 pm CET#27

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Stromberg wrote on 17.02.2022 at 13:20
Don't see it that way
What sense does the sentence I quoted make then? If only each customer would be considered individually anyway, wouldn't sales to other private persons in other EU countries be irrelevant for reaching the total limit of 10,000 euros?

Of course each customer must be considered individually.10.000 € in the year are nevertheless no real amount with electronic services. The law is not for gamblers who Deposit a fuffi a week

A good networked monitoring software for a 2 hectare estate in the country with data storage and monthly maintenance costs far more. In this case, the software Provider must pay taxes in Germany if it is located abroad

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Amateur

Justin

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Forum posts: 189 Member since: 02.01.2022

Legal basis for 5% tax at MGA casinos

17th Feb. 2022, at 01:40 pm CET#28

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Stromberg wrote on 02/17/2022 at 13:31
Yes, but transparency at OC is of course scarce... 😂
Especially with this tolerated illegality... 😂

Many also simply offer the games with the crappy RTP, then you do not need to justify yourself. Is according to MGA yes allowed...

That's pretty much what I said in the OP. They can lower the RTP to 85% because it's allowed

But here many also talk voin taxes that are retained. and there I see just no legal basis (and nothing in the terms and conditions of the casinos, but let me gladly teach me better!
I find our little discussion very refreshing and exciting.

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Legend

Stromberg

Forum posts: 4.647 Member since: 17.07.2017

Legal basis for 5% tax at MGA casinos

17th Feb. 2022, at 01:46 pm CET#29

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Justin wrote on 02/17/2022 at 1:40 pm

That's pretty much what I said in the OP. They can get the RTP down to 85% because it's allowed

But here many also talk voin taxes that are retained. and there I see just no legal basis (and nothing in the terms and conditions of the casinos, but let me gladly teach me better!
I find our little discussion very refreshing and exciting.

The one take the tax, the other offer the poor RTP... The reasoning is the same.... Soon it will be for sure, then they just do both... 😂

Well be that as it may
So I see that with the trivial limit as described, everything else would be for me also no more trivial limit... But be it, one must not always be in agreement...

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Expert

Caro

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Forum posts: 1.839 Member since: 12.12.2018

Legal basis for 5% tax at MGA casinos

17th Feb. 2022, at 01:57 pm CET#30

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Justin wrote on 02/17/2022 at 1:40 pm

That's pretty much what I said in the OP. They can get the RTP down to 85% because it's allowed

But here many also talk voin taxes that are retained. and there I see just no legal basis (and nothing in the terms and conditions of the casinos, but let me gladly teach me better!
I find our little discussion very refreshing and exciting.

Just want to briefly say something about it, the tax deductions are mentioned in the terms and conditions of the respective casinos. Is usually a separate point and is called I think "taxes and duties" or similar.

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Legal basis for 5% tax at MGA casinos

Legal basis for 5% tax at MGA casinos

Legal basis for 5% tax at MGA casinos

Legal basis for 5% tax at MGA casinos

Legal basis for 5% tax at MGA casinos

Legal basis for 5% tax at MGA casinos

Legal basis for 5% tax at MGA casinos

Legal basis for 5% tax at MGA casinos

Legal basis for 5% tax at MGA casinos

Legal basis for 5% tax at MGA casinos

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