VAT on Comics: purchases from non-EU countries to Europe | Questions and answers among users

thespirit2015 · 2024-10-22T16:40:22.547000Z

Hello everyone.I am a private buyer and since the end of 2023 I have been purchasing original comics / comics from non-EU countries (Great Britain, U.S.A, Canada), both through Ebay and through specific online stores (and I should point out that my purchases contain only comics).I would like to understand why Ebay applies 22% VAT on comics, when for the same items (being editorial products, printed in color, etc., belonging to TARIC customs code sectors 4900) a 4% VAT rate is предусмотрed.Ebay itself, in its guide, states this:"""Items delivered in European Union countriesValue added tax (VAT) usually applies to purchases made by EU consumers. The VAT rate applied is determined by the country where the parcel is received and depends on the type of items sold."""So: I buy from Italy (an EU country), the VAT rate is determined by Italy and considering that it depends on the type of items sold to me (comics, which Ebay can clearly see at the time the transaction is completed with the seller) for these products it corresponds to 4%.And they cannot hide behind the fact that "comics are collectibles", because I often buy comics at the same price they are sold for in the USA, or, through auctions, sometimes even at lower prices.The proof is that having received other comics from the U.S.A. (bought not on the Ebay platform) through various couriers, I was always charged 4% VAT by Customs at the time of calculating the fees to be paid for customs clearance, and in the only case where I was charged 22% VAT by a courier (for U.S.A. comics with TARIC codes 490199, 490290, 490300, etc.), in response to my inquiry the Customs Agency replied as follows:""" In relation to your question, please be informed that the correct TARIC code is 490199 with payment of 4% VAT.That said, please note that EU and national legislation provide for the procedure of review of the assessment, through which the customs authority (on its own initiative) or the interested operator (upon request), within three years from the date on which the assessment became final, may respectively proceed with or request a review of the same in cases where a discrepancy is found in the value, origin, or classification of the goods compared to what was indicated in the declaration. If the discrepancy is confirmed, the customs office will amend the declaration, recalculate the duties previously assessed and consequently recover any additional duties that may be due or refund those unlawfully collected."""I wrote to the Courier reporting the Customs Agency's reply and, after confirming the error made in the calculation phase, they informed me that they had opened the case (with a related identification number) for the refund of the 18% overpaid (it will take 30 to 60 days, but it is still better to wait than to lose 149 euros paid for no reason).So, at this point, I ask: how many of you have bought and buy comics on Ebay from non-EU countries, paying 22% VAT instead of 4%? Have you ever tried to ask Ebay for an explanation, or do you know IF and HOW we can ask Ebay to review all our orders made with overpayments, considering that there are THREE YEARS from the completion of the purchase to have it reviewed?It is also true that Ebay pays the VAT to the Italian State, but in the meantime (not paying it right away but I assume quarterly) it finds itself with an excess of real-time availability that it should not have, and that we buyers created.From my point of view, if the Customs Agency's intention is the one to be applied, we would be entitled to a refund of the 18% VAT paid in excess, and at the same time, Ebay should start applying VAT correctly based on the type of products the user buys, and not generically calculating 22% VAT just because Italy provides for this maximum rate.If instead we cannot get explanations, we can always join forces (spread the word to your friends, maybe they might also be interested) to submit a report to some Consumer Association and ask them to act on our behalf (obviously, in that case, unity is strength: the more we are, the more weight we have).I hope I have given an interesting point to reflect on, maybe we can exchange our respective impressions.Good evening

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VAT on Comics: purchases from non-EU countries to Europe | Questions and answers among users | eBay Italy