VAT on Digital Services – What VAT is Due?

In today’s economy, digital services dominate cross-border transactions. Whether you’re selling streaming access, downloadable software, or cloud-based tools, there’s one inescapable requirement: VAT. But VAT on digital services isn’t as simple as applying a rate. It depends on who you’re selling to, where they are, and what kind of service you offer.

This blog by The Taxcom breaks down exactly what VAT is due on digital services for UK-based suppliers and overseas sellers targeting UK consumers. It covers VAT rules in the UK and the EU, how to identify when and where VAT applies, and the mechanisms to comply with your obligations.

Whether you’re a SaaS provider, app developer, online media distributor, or e-learning platform, this guide is your compliance checklist.

What Are Digital Services for VAT Purposes?

To understand your VAT obligations, you first need to define what qualifies as a “digital service” under VAT law. Not every online transaction falls under this category, and misclassifying services can lead to costly compliance errors.

Definition of Digital Services

HMRC and EU VAT guidance define digital services as services delivered over the internet or an electronic network, with minimal human intervention, and automatically delivered. These include services where:

• The delivery is essentially automated

• The service could not exist without information technology

• There is no—or minimal—manual intervention from the supplier

If the process involves significant human input, it’s not a digital service for VAT purposes.

Examples of Digital Services

Here are the common types of digital services subject to VAT:

Category	Examples
Broadcasting	Live or recorded TV, radio services streamed over the internet
Telecommunications	Voice calls, text messages, internet access
Electronically Supplied Services	Software downloads, cloud computing, SaaS platforms, e-books, apps, music streaming, online gaming

It’s important to distinguish between:

• Digital products (like an eBook sold via automatic download) — VAT applies.

• Non-digital services (like live tutoring via Zoom) — VAT may still apply but under different rules.

Services That Are Not Considered Digital

To prevent confusion, here’s what doesn’t count as a digital service for VAT:

• Goods ordered online (e.g., a physical book or CD)

• Services delivered via email manually (e.g., a bespoke logo)

• Online courses with live interaction

• Consulting services over Zoom or Teams

These may still be subject to VAT, but they are not taxed under the digital services rules.

Why the Definition Matters

Whether your service qualifies as a digital service directly impacts:

• The place of supply rules

• The VAT rate you charge

• Whether you need to register in other countries

• What evidence you need to collect

Misclassification can lead to underpaid VAT, interest charges, and compliance issues across multiple tax jurisdictions.

Place of Supply Rules for Digital Services

The place of supply determines where a digital service is taxed and which country’s VAT rules apply. For digital services, this varies depending on whether the customer is a business or a consumer, and where they are located.

B2B vs B2C — The Fundamental Split

1. Business to Business (B2B)

When you supply digital services to a VAT-registered business, the place of supply is usually where the customer is established.

• Outcome: No UK VAT charged.

• The reverse charge mechanism generally applies — the buyer accounts for VAT in their own country.

Example: A UK SaaS provider sells a subscription to a VAT-registered company in Germany. No UK VAT is charged; the German company self-accounts for the VAT.

2. Business to Consumer (B2C)

When supplying digital services to a non-business customer (e.g., individuals or small-scale users), the place of supply is where the consumer lives.

• Outcome: You may need to charge local VAT in each customer’s country.

• This applies whether you’re supplying from the UK or overseas.

Example: The same UK SaaS provider sells to a private customer in France. The place of supply is France, and the UK business must charge French VAT, not UK VAT.

What If the Customer Location is Unclear?

To determine the customer’s location, suppliers must collect two non-conflicting pieces of evidence, such as:

• Billing address

• IP address

• Bank location

• Country code of SIM card

This is vital for cross-border B2C sales. HMRC and the EU expect suppliers to retain this evidence for 10 years.

UK vs EU VAT Rules Post-Brexit

Brexit has changed the landscape for UK businesses selling to the EU:

• The UK no longer uses the EU VAT MOSS scheme (Mini One Stop Shop).

• UK businesses now need to register for VAT in each EU country where they supply digital services to B2C customers — or use the non-Union OSS (One Stop Shop) scheme via a single EU country.

Important: If you’re a UK digital business with EU B2C customers, you must either:

• Register in each EU country where you sell, or

• Register in one EU member state under the non-Union OSS and file one return covering all EU sales.

Northern Ireland Protocol Exception

The NI Protocol does not apply to services. Digital services supplied from Northern Ireland follow UK-wide rules, not EU rules.

VAT Rates and Thresholds for Digital Services

Once you’ve established where the supply takes place, the next step is to determine how much VAT to charge and whether you’re required to register in the customer’s country. For digital services, VAT rates and thresholds vary based on jurisdiction.

UK VAT on Digital Services

If the place of supply is the UK, the following applies:

• Standard rate: 20%

• Applies to most digital services supplied to UK-based consumers.

• If you’re supplying to a UK business, the reverse charge may apply.

You must register for UK VAT if your UK taxable turnover exceeds £90,000 (as of 1 April 2024). Below this threshold, registration is optional — but if you’re dealing with EU consumers, you’ll likely need to register elsewhere anyway.

EU VAT on Digital Services

If you supply digital services to consumers in the EU (B2C), you must charge local VAT in the customer’s country at the applicable local rate. VAT rates vary by member state.

Country	Digital Services VAT Rate
Germany	19%
France	20%
Ireland	23%
Italy	22%
Sweden	25%
Hungary	27%

There is no EU-wide threshold for non-EU businesses. This means if you’re a UK business selling digital services to EU consumers, you must:

• Charge VAT at the rate applicable in each consumer’s country

• Register either in each country individually or

• Use the non-Union OSS system via a single EU member state

Note: EU-based businesses enjoy a €10,000 threshold for cross-border B2C sales of digital services. Non-EU suppliers (like those in the UK) do not benefit from this threshold — you must register from the first euro/cent sold.

VAT Registration: UK vs EU vs Rest of World

Customer Location	Must Charge VAT?	Register in Customer Country?
UK consumer	Yes (20%)	If above £90k threshold
UK business	No (reverse charge)	No
EU consumer	Yes (local rate)	Yes — or via OSS
EU business	No (reverse charge)	No
Non-EU consumer	Depends on local rules	Often yes
Non-EU business	Usually no	Usually no

Selling to Non-EU Countries

Some non-EU countries (e.g., Norway, Australia, New Zealand, South Africa) also impose VAT-like taxes on digital services sold to local consumers. If you sell to these jurisdictions, you may need to:

• Register for GST/VAT

• Charge local tax

• File local returns

This is commonly called destination-based VAT and is becoming a global standard for digital services.

VAT Compliance for Digital Service Providers

Selling digital services across jurisdictions means juggling multiple VAT obligations — from registration and invoicing to filing returns and storing evidence. This section outlines the key compliance responsibilities for businesses supplying digital services.

1. VAT Registration Options

UK Suppliers to EU Customers

Since Brexit, UK businesses can no longer use the EU’s Union OSS (One Stop Shop) scheme. Instead, you can:

• Register for non-Union OSS in one EU country (e.g. Ireland or the Netherlands)

• File quarterly OSS returns covering all your B2C digital sales across the EU

• Pay the VAT due in each member state via that one OSS registration

Alternatively, you could register in each individual EU country you sell to — but that’s far more complex.

Tip: If you have no fixed establishment in the EU, choose a country that offers OSS registration in English and with streamlined digital processes.

OSS Registration Checklist:

• Local fiscal representative may be required in some states

• Maintain VAT evidence for 10 years

• File returns quarterly, even if sales are zero

• Keep clear digital transaction records for audit purposes

2. Record-Keeping Requirements

Under both UK and EU rules, suppliers of digital services must retain detailed records for 10 years. These include:

• Type of digital service provided

• Date of supply

• Country where VAT was applied

• Evidence of customer location (at least two pieces of non-conflicting data)

• Invoices issued (if applicable)

• Currency conversions used

• VAT rate applied and amount charged

These records must be readily accessible, even if you use a third-party platform or payment gateway.

Important: You are responsible for VAT compliance, even if your platform automates billing.

3. Invoicing for Digital Services

• In B2C sales, VAT invoices are not legally required in many countries — but they’re still useful for documentation.

• In B2B sales, a VAT invoice is generally required, and it must include:
  • Your VAT number

  • The customer’s VAT number (for reverse charge)

  • A statement that reverse charge applies

  • The net value and VAT rate (if charged)

You can check VAT number for invoicing requirements for each jurisdiction — they vary significantly, especially outside the EU.

4. Submitting VAT Returns

• UK sellers file regular VAT returns (quarterly or monthly), even if they only sell to non-UK customers.

• OSS returns are separate from UK VAT returns. They cover EU B2C sales only and are submitted via the member state where you’re registered.

If you’ve chosen the non-Union OSS, your return must:

• Be filed electronically within 30 days of the quarter end

• Include sales totals per EU country, VAT rates, and totals due

• Be paid in euros

5. Software and Automation Tools

Because digital services VAT compliance is complex, many businesses rely on tools to help manage it. Common solutions include:

• VAT-calculation software (e.g. Avalara, Taxamo, Quaderno)

• OSS filing services

• Accounting software integrations (e.g. Xero, QuickBooks with VAT plugins)

• Payment platforms with tax handling (e.g. Paddle, FastSpring, Stripe Tax)

Automating VAT calculation, invoicing, and reporting reduces the risk of penalties and streamlines cross-border expansion.

Post-Brexit VAT Changes Impacting Digital Services

The end of the Brexit transition period on 31 December 2020 marked a sharp shift in how UK digital service providers must handle VAT. The UK’s departure from the EU VAT system dismantled several simplifications and forced UK sellers to reconfigure their cross-border tax strategies.

Here’s how the landscape has changed:

1. No More Access to the EU VAT MOSS Scheme

Prior to Brexit, UK businesses could use the Union Mini One Stop Shop (MOSS) to report and pay VAT on digital services sold to EU consumers via HMRC.

From 1 January 2021:

• UK businesses lost access to MOSS via the UK tax authority.

• Instead, they must register for Non-Union OSS in an EU member state of their choosing.

• MOSS returns filed via HMRC covered sales up to 31 December 2020 only.

Result: Increased compliance burden and additional registrations needed for EU market access.

2. New Obligation to Register in the EU

There is no VAT threshold for non-EU businesses selling digital services into the EU. UK suppliers must now:

• Register immediately when making their first sale to an EU-based consumer

• Either register in each individual country, or use Non-Union OSS to report all EU B2C sales centrally

This applies even if your total turnover is below the UK VAT registration threshold of £90,000.

Example: If a UK company sells £500 worth of digital magazine subscriptions to customers in Spain, Germany, and France, it must still register under OSS and report all three transactions.

3. Reverse Charge for B2B Still Applies

Despite the end of MOSS access, B2B transactions are largely unaffected by Brexit:

• The reverse charge mechanism still applies when UK suppliers provide digital services to EU VAT-registered businesses.

• UK businesses should continue to obtain and validate the EU customer’s VAT number.

• Invoices should include a note such as: “Reverse charge: customer to account for VAT under Article 196 of the EU VAT Directive.”

4. Additional Administrative Burdens

Brexit added extra layers of complexity to VAT compliance:

• Foreign language issues when registering in non-English-speaking EU states

• Appointing fiscal representatives in certain countries (e.g. Italy, France, Poland)

• Dealing with multiple VAT rates, reporting formats, and deadlines

This has prompted many small and mid-size businesses to scale back their EU offerings or adopt platform-based models that offload VAT responsibility to the platform (e.g. selling via App Store, Amazon, or Paddle).

5. Use of EU-based Platforms as an Alternative

Some UK sellers opt to partner with EU-based digital marketplaces or billing intermediaries that:

• Handle VAT registration and OSS filing

• Issue customer invoices

• Remit VAT to the appropriate tax authorities

This can simplify compliance but often comes at the cost of platform fees and reduced control over customer relationships.

Penalties, Audits and Common Mistakes in Digital VAT Compliance

When managing VAT on digital services, accuracy is critical. Tax authorities in the UK, EU, and other jurisdictions are increasingly proactive in identifying non-compliance, aided by automated reporting tools and international data sharing. Errors, even when unintentional, can result in fines, interest charges, or full-scale audits.

Below are common compliance issues, the risks they carry, and how to stay on track.

1. Common Mistakes in VAT on Digital Services

Failure to register in the correct jurisdiction
Many UK businesses incorrectly assume that if they are below the UK VAT threshold, they are exempt from registration obligations elsewhere. However, when supplying digital services to EU consumers, VAT applies from the first sale — no threshold exists for non-EU suppliers.

Misidentifying the place of supply
Incorrectly treating a sale as B2B instead of B2C, or failing to determine the customer’s location properly, can lead to charging the wrong VAT rate or failing to charge VAT altogether.

Charging the wrong VAT rate
Applying UK VAT to a sale where EU VAT is due is a common error. For B2C transactions in the EU, the supplier must charge VAT at the local rate of the customer’s country.

Insufficient customer location evidence
Regulations require two non-conflicting pieces of evidence (e.g. IP address and billing address) to confirm a customer’s location. Without this, the VAT treatment may be deemed incorrect, even if the correct rate was applied in good faith.

Late or incorrect OSS filings
The OSS scheme simplifies compliance, but errors in quarterly returns — such as wrong country allocations, VAT rate mismatches, or missed filing deadlines — can trigger penalties or audits.

2. Penalties for Non-Compliance

Penalties vary by jurisdiction, but the following consequences are common across the UK and EU:

Type of Breach	Potential Consequences
Failure to register for VAT	Backdated VAT liabilities, interest, penalties
Under-reporting or late filing	Financial penalties, loss of OSS eligibility
Inaccurate invoices or records	Demands for correction, possible audit triggers
Missing location data	VAT reassessments, inability to justify VAT treatments

Some EU tax authorities may revoke access to OSS if a supplier consistently fails to meet obligations, forcing them to register separately in each country.

3. What Tax Authorities Scrutinise

During audits or reviews, authorities often examine:

• Consistency between declared VAT and payment platform data

• Proper classification of B2B vs B2C transactions

• Accuracy of VAT rates by country

• Documentation proving customer location

• Invoice format and required information (e.g. VAT numbers, reverse charge statements)

Having clean, transparent digital records significantly reduces the risk of disputes.

4. Best Practices for Staying Compliant

To minimise risk and ensure smooth VAT operations:

• Use automated VAT calculation tools suited for digital services

• Validate VAT numbers for B2B clients and store evidence

• Match IP address and billing details to verify customer location

• Store all relevant data securely for at least 10 years

• Review OSS filings thoroughly before submission

• Assign VAT responsibility internally or outsource to a compliance specialist

Proper planning and systemisation make VAT compliance a manageable function — and prevent operational and financial setbacks.

Frequently Asked Questions 

What is VAT on digital services?

VAT on digital services refers to the application of value-added tax on services delivered electronically. These are typically services supplied over the internet with minimal human intervention, such as:

• SaaS products

• Streaming media

• E-books and software downloads

• Online gaming

• Cloud-based storage

If you’re supplying such services, the VAT treatment depends on where your customer is based and whether they are a business or a consumer.

Do I have to charge VAT on digital services if I’m under the UK threshold?

Yes — if you’re supplying VAT on digital services to EU consumers, the UK VAT registration threshold does not apply. There is no threshold for non-EU businesses. You must charge VAT at the local rate in each customer’s EU country from the first sale.

For UK sales, however, the £90,000 registration threshold does apply.

What are examples of digital services subject to VAT?

The following are considered digital services for VAT purposes:

• Software and mobile app downloads

• SaaS platforms and subscription tools

• Web hosting and cloud services

• Online advertising space

• Downloadable music, films, and games

• E-learning courses that are pre-recorded and automated

All of the above are subject to VAT on digital services depending on where the customer resides.

How do I determine where to charge VAT on digital services?

For B2B digital services, VAT is usually accounted for by the business customer under the reverse charge mechanism.
For B2C digital services, VAT is charged in the country where the consumer resides.

This means that if you’re a UK-based business selling digital services to a consumer in Germany, you must charge German VAT on that sale.

What evidence do I need to determine the customer’s location?

To apply the correct VAT on digital services, you must collect at least two pieces of non-conflicting evidence to prove the location of your customer. This may include:

• IP address

• Billing address

• Credit card issuing country

• Mobile country code

• Bank location

These records must be kept for 10 years in case of audit by tax authorities.

Do I need to register for VAT in each EU country?

You can, but you don’t have to. UK businesses supplying VAT on digital services to EU consumers can register for the Non-Union OSS scheme in any one EU member state. This allows you to:

• File a single quarterly return

• Report all B2C sales of digital services across the EU

• Pay all VAT through one local tax authority

This simplifies compliance significantly.

What is the OSS and how does it relate to VAT on digital services?

OSS stands for One Stop Shop, a simplified EU-wide VAT reporting system for cross-border digital services and other e-commerce transactions.

For UK businesses, the relevant scheme is the Non-Union OSS, which:

• Applies only to B2C digital services

• Requires registration in one EU country

• Covers all EU consumer sales

If you use OSS, you avoid needing to register for VAT in every EU country where your customers are located.

Can platforms like Stripe or Paddle handle VAT on digital services for me?

Yes, some platforms act as the merchant of record, taking over VAT collection, invoicing, and remittance. This means:

• They charge VAT to your customers

• They handle OSS registration and filings

• You receive net revenue after VAT and fees

This is often used by smaller businesses or startups that want to avoid the administrative burden of handling VAT on digital services themselves.

How often do I need to file OSS returns?

OSS returns for VAT on digital services are filed quarterly, regardless of your sales volume. Returns must be submitted within 30 days of the quarter’s end and must include:

• Total sales by country

• VAT rates applied

• Total VAT due

• Supporting transaction records

Even if you make no sales in a quarter, a nil return is still required.

What happens if I don’t comply with VAT rules for digital services?

Non-compliance with VAT on digital services rules can result in:

• Backdated VAT liabilities

• Interest charges and penalties

• Loss of access to OSS (forcing multiple local registrations)

• Audits by local or EU tax authorities

• Reputational damage with customers

Staying compliant ensures your business can scale internationally without regulatory roadblocks.

Do I need to issue VAT invoices for digital services?

In most cases, B2C digital services do not require formal VAT invoices. However, for B2B transactions, you must issue a compliant VAT invoice that includes:

• Your VAT number

• The customer’s VAT number

• A reverse charge statement (if applicable)

• Net amount and applicable VAT rate

Always check local invoicing requirements based on the customer’s location.

Need Help Navigating VAT on Digital Services?

Whether you’re launching a new SaaS product, expanding into EU markets, or scaling your digital offerings globally, getting VAT right is non-negotiable. The rules are complex — but non-compliance is costly.

At The Taxcom, we specialise in helping digital businesses manage their VAT obligations with confidence. From OSS registration and EU filings to automated compliance solutions, we provide expert guidance that keeps you compliant and focused on growth.