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Amazon Overcharging Publishers For Tax

00_NOP writes "Amazon is taking fire in the UK for insisting that publishers pay them for 20% VAT (sales tax) when in fact the online retailer is only paying 3% VAT. 'The firm is able to wield such power over publishers because it has a near monopoly of the UK digital book publishing market. According to reliable estimates, it sells nine out of 10 ebooks in the UK, while using its Luxembourg tax status to wring more profitable terms from publishers. ... In private, British authors and publishers express fears that Amazon's dominance will send the industry into further decline.' Given that the Kindle is rubbish at displaying maths and science and that Amazon is as dangerous a monopoly as Microsoft ever was, is it not time that regulators and consumers stood up to them?" Amazon is also facing criticism right now for allegedly shutting down a woman's account and remotely wiping her Kindle, then refusing to provide information about why it did so.

49 of 184 comments (clear)

  1. Never attribute to malice... by Anonymous Coward · · Score: 2, Insightful

    that which can be adequately explained by stupidity.

    1. Re:Never attribute to malice... by wisnoskij · · Score: 3, Insightful

      So Amazon has completely cornered the market because of stupidity? how does not make any sense?

      --
      Troll is not a replacement for I disagree.
    2. Re:Never attribute to malice... by Anonymous Coward · · Score: 5, Insightful

      Publishers insisting on DRM, engaging in infighting, and pushing multiple incompatible standards have given Amazon a device monopoly just like music publishers gave Apple. It's stupidity because they had five years to see what was coming. It's publishers monopolistic greed that enabled Amazon's position, and Jeff Bezos is laughing all the way to the bank.

    3. Re:Never attribute to malice... by kilfarsnar · · Score: 4, Insightful

      Never attribute to malice that which can be adequately explained by stupidity

      I have heard this saying before. But I have never understood why I should consider it to be correct. Don't the malicious often feign ignorance?

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    4. Re:Never attribute to malice... by ShanghaiBill · · Score: 4, Funny

      Never attribute to malice that which can be adequately explained by stupidity

      I have heard this saying before. But I have never understood why I should consider it to be correct.

      It shouldn't be considered correct. This saying is promulgated by malicious people in a conspiracy to conceal their actions. There is no way that common acceptance of such a broad generalization could be explained by mere stupidity.

    5. Re:Never attribute to malice... by mcgrew · · Score: 3, Insightful

      mcgrew's razor: never attribute to stupidity that which can be explained by greedy self-interest.

    6. Re:Never attribute to malice... by Hal_Porter · · Score: 3, Insightful

      The problem is that many slashdotters seem to jump to conspiracy theory conclusions about *everything*, even if totally ridiculous.

      How much are THEY paying you to say that?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    7. Re:Never attribute to malice... by isorox · · Score: 2

      So you believe that 10 times out of 10 every time you are shortchanged at a cash register it's deliberate an intentional and not because the dumb ass can't count?

      If this were true, for every 10 times you are shortchanged, you should have another 10 times when you receive too much money. How often does that happen?

    8. Re:Never attribute to malice... by Muros · · Score: 2

      A few months ago a girl at a drive-through gave me the change from a 50 when i gave her 20 euro. She even insisted I couldn't have given her a 20, because she didn't have any in the till. She'd handed it back to me as part of the change. I handed her back 30, told her I was absolutely sure, and left her looking very confused.

  2. New criteria for government action by LordLimecat · · Score: 4, Insightful

    Overcharging, potentially illegal actions? Pfft, who cares.

    Whats that, you say its bad at displaying maths and science? Someone get the firing squad.

    Seriously, what on earth do its shortcomings have to do with whether the government needs to take action?

    1. Re:New criteria for government action by 00_NOP · · Score: 2, Interesting

      Because they are actively selling goods they must know to be unfit for purpose.
      What if a retailer sold you something they said was wine when it was simply water? Would you not think that was an issue even if they did it thousands of times and refused to stop when the problem was pointed out to them?

    2. Re:New criteria for government action by Anonymous Coward · · Score: 2, Insightful

      I don't recall seeing the Kindle being advertised as a maths/science textbook replacement anywhere.
      Kindles don't support footnotes, which is also a pain but equally irrelevant to the issue of how much or little tax Amazon pay.

    3. Re:New criteria for government action by tsa · · Score: 4, Informative

      Yep, they sold me a book about the evolution of storytelling. The paper version contained some figures that they just left out in the Kindle version. And that made the book unreadable. Thank you Amazon, I will certainly buy Kindle books from you again.

      --

      -- Cheers!

    4. Re:New criteria for government action by CanHasDIY · · Score: 4, Insightful

      Because they are actively selling goods they must know to be unfit for purpose. What if a retailer sold you something they said was wine when it was simply water? Would you not think that was an issue even if they did it thousands of times and refused to stop when the problem was pointed out to them?

      Personally, I'd be far more concerned when they came to repo the "wine" they sold me, not for non-payment, but for some arbitrary reason they made up to justify said repossession without refund.

      Seriously, why is that not the bigger focus here? Amazon can repossess your digital stuff without refund or recourse!

      See, shit like this is why I only spend money on tangible goods.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    5. Re:New criteria for government action by CanHasDIY · · Score: 4, Insightful

      Seriously, what on earth do its shortcomings have to do with whether the government needs to take action?

      The fact that a company can take something that you paid for from you, without just cause or fiscal reciprocity, is something the government should definitely take action against.

      If you or I did that to someone, we would be called "thieves;" why would Amazon be considered any differently?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    6. Re:New criteria for government action by Anonymous Coward · · Score: 2, Insightful

      Yep, they sold me a book about the evolution of storytelling. The paper version contained some figures that they just left out in the Kindle version. And that made the book unreadable. Thank you Amazon, I will certainly buy Kindle books from you again.

      I fail to see how this is Amazons fault. The publisher is responsible for converting books to Mobi and submitting them to Amazon. Blaming Amazon for an eBook that was missing figures would be like blaming them for spelling errors in a print book.

    7. Re:New criteria for government action by lgarner · · Score: 2

      Only the end result matters, not whose fault it is. If the Kindle versions aren't as good as the print version, then don't buy them. Easy answer. Unfortunately one has to get burned a time or two before coming to that conclusion, but to keep getting burned repeatedly would be dumb.

  3. Easy? by mwvdlee · · Score: 2

    Surely this is merely a matter of tax laws that lawyers and judges are perfectly well equiped to solve?
    If Amazon is a Luxembourg company, than this should be no different from any other Luxembourg company buying and selling products outside Luxembourg borders. Europe has tax laws in place regarding intra-community trade; neither Amazon nor the publisher's opinions matter.

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    1. Re:Easy? by Anonymous Coward · · Score: 5, Informative

      Surely this is merely a matter of tax laws that lawyers and judges are perfectly well equiped to solve?
      If Amazon is a Luxembourg company, than this should be no different from any other Luxembourg company buying and selling products outside Luxembourg borders. Europe has tax laws in place regarding intra-community trade; neither Amazon nor the publisher's opinions matter.

      The summary, once again, is not very clear. In fact the Guardian article isn't 100% clear either, but what appears to be the case is that for a product with an intended retail price of £10 in the UK where VAT is 20%, the base UK price would be £10 / (120%) = £8.33. Amazon allegedly insists on negotiating with UK publishers starting with a base price of £8.33. However, in Europe, Amazon is a Luxembourg company and the VAT rate there is 3% for these products. The base price for a retail price of £10 would be £10 / (103%) = £9.71.

      I don't think it is really the case that Amazon is "charging them VAT" so tax law doesn't really matter - it would be more accurate to say that they are allegedly insisting on at least an extra 17% discount, and hoping that the publishers don't notice that this is not in fact part of the VAT adjustment. Or alternatively, Amazon is accused of keeping all the tax savings it makes by setting up in the EU's lowest VAT area, Luxembourg, and not sharing them with the publishers.

    2. Re:Easy? by dabadab · · Score: 2

      However, in Europe, Amazon is a Luxembourg company and the VAT rate there is 3% for these products.

      However, since Amazon is a large retailer, it does not pay VAT in Luxembourg, but in the buyer's country. I would venture to say that most of Amazon's EU customers do not live in Luxembourg so the tax rates there do not mean much.

      --
      Real life is overrated.
  4. Piling on? by camg188 · · Score: 4, Insightful

    What does the kindle's failure to display math and science symbols correctly have to do with Amazon potentially being a monopoly?

  5. Thank you very much for well timed tip. by dragisha · · Score: 2, Informative

    I am almost-buyer of Kindle and practically all I need from it is science and math... Thanks for tips, and I hope this is read widely. Maybe next year, or decade... But not before all devices are updated to normal-math, acceptable-tables and acceptable-pdf.

    There is another problem I was already aware of - PDF display is, by default, _awful_. I understand why's but I think it is not acceptable at all.

    --
    http://opencm3.net, http://www.nongnu.org/gm2/
    1. Re:Thank you very much for well timed tip. by fuzzyfuzzyfungus · · Score: 4, Insightful

      What I want to know is where the http://pixelqi.com/ guys are hiding... They had a workable device, shipping in nontrivial volume with the OLPC XO-1, and then seemingly dropped off the map.

      All the refresh rate of an LCD panel(because it is one); but, in transreflective mode, looks more like e-ink than any LCD I've ever seen and has the option to do color if you crank the backlight....

      We know(because all but the nastiest LCD tablets running Android or iOS can and do do it) that contemporary low-power ARM chipsets are up to the challenge of crunching PDFs; but e-ink displays are mostly too small to display 8.5x11 or A4 pages, too slow for panning/zooming/etc, and PDF reflow is crap. If they would just start existing, the Pixel Qi screens would fairly efficiently solve this problem, at lower cost and lower power than standard LCD panels; but nobody seems to have heard a peep from them.

  6. The Kindle Swindle by Anonymous Coward · · Score: 5, Informative
    1. Re:The Kindle Swindle by fuzzyfuzzyfungus · · Score: 2

      Thankfully, it is axiomatic that Stallman Is An Extremist, so we needn't listen to his(often strident, as often correct) warnings!

      The awesome thing about the emerging DRM economy is that it combines the economic relations of feudalism with the efficient, data-driven surveillance that East Germany was too low-tech to achieve...

    2. Re:The Kindle Swindle by tuppe666 · · Score: 3, Interesting

      Thankfully, it is axiomatic that Stallman Is An Extremist,

      DRM is bad http://www.defectivebydesign.org/ "Digital Restrictions Management is technology that controls what you can do with the digital media and devices you own. When a program doesn't let you share a song, read an ebook on another device, or play a game without an internet connection, you are being restricted by DRM." most users would argue wanting to do those things isn't extreme.

    3. Re:The Kindle Swindle by shutdown+-p+now · · Score: 2

      What Stallman and his zealots miss is that all those companies with DRM usually also provide some useful service; and, often, the utility of said service more than compensates for the inconvenience (and potential risk) of DRM. Examples include Steam, and, yes, Kindle. Which is why people will keep using them and ignore the doom-and-gloom warnings.

  7. Re:VAT by tuppe666 · · Score: 5, Informative

    The better question is why are ebooks subjected to VAT in the first place when printed books are not.

    http://www.thebookseller.com/news/uk-government-holds-firm-e-book-vat.html

    in a written response reiterated the government's position "Under EU law, VAT on electronic books must be charged at the standard rate. A reduced rate cannot be applied to digital or electronic supplies, or supplies of text via the internet, as they are classed as supplies of services rather than physical goods. There is therefore no scope in the principal VAT directive to apply a reduced rate on e-books."

  8. Not Paranoid by the+eric+conspiracy · · Score: 3, Informative

    And I thought I was just being paranoid about this sort of thing.

    When Amazon first went around deleting books off of people's Kindles I vowed I'd never buy one. Now it appears my apprehension was all too justified.

    I hear the Nexus 7 does a better job with pdfs than the Kindle. It appears to me that's the way I am headed.

  9. Off line storage by mprindle · · Score: 5, Informative

    "Amazon is also facing criticism right now for allegedly shutting down a woman's account and remotely wiping her Kindle, then refusing to provide information about why it did so."

    This is the exact reason why I strip the DRM from every Kindle book I buy and then store them in my own offline repository. Should Amazon ever decide to wipe my account I'll still have the books I purchased. The other advantage is I can use any e-reader I want w/o being locked to a Kindle.

    1. Re:Off line storage by 00_NOP · · Score: 2

      How do you do this?

    2. Re:Off line storage by squiggleslash · · Score: 2

      No no no, you just print them out, and then rescan them ;-)

      --
      You are not alone. This is not normal. None of this is normal.
  10. re: The "Kindle woman" story by SternisheFan · · Score: 4, Informative

    So if this story is true as stated, and she has bought lots of e-books from Amazon, will Amazon refund her all the money she's spent on them? Or does Amazon just 'absorb' that $$$? I'd sue Amazon for actual damages, court and lawyer fees and damages. I can see the future of e-commerce, and this a bad trend starting here.

  11. This is not how VAT works by tuppe666 · · Score: 4, Insightful

    Having been totally baffled by the summery. Which is incredibly confusing. Nothing has changed, VAT works like it always does the final customer pays it ALL thats the books buyer paying 20% http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=502578.

    This is purely about dodgy maths. Amazon make deals on percentage of Gross Price with the publishers the UK full retail price of the book [net price+20%vat], not on the net price + [Vat in Luxenbourg] 3%. where publishers would get a slightly larger piece of pie . Neither Amazon or the Publishers pay a penny in tax so I fail to see why this is an issue. A better argument would be to standardise of Amazon taking a percentage of the net price as opposed to gross price, but all this should not matter, its really whatever they have negotiated between themselves.

    This is a ridiculous Anti-Amazon article, I suspect to distract from the disgusting behaviour that Apple and 5 Publishers are involved in

    1. Re:This is not how VAT works by dcarmi · · Score: 4, Interesting

      Indeed you are right that VAT is a consumer tax. Transactions between companies are not VAT-rated (unless they themselves are the consumers). However...

      Due to a loophole, Amazon pay VAT for books sold in the UK to the Luxembourg Government (at 3%). I am no VAT expert and it is a stupidly complicated tax but it may well be that Amazon is forced to pay UK VAT on ebooks it buys from UK publishers because they are the end of the chain and seen as the consumer for UK tax purposes. In fact Amazon UK is classed simply as a distributor. The real business is in Luxembourg

      Amazon now class themselves as just a distributor in the UK with their main business located in Luxembourg. On UK sales of £3.3 billion last year they paid precisely no UK tax. Amazon in Luxembourg employ 134 people, who must work very hard indeed compared to the 2300 box pushers in the UK. Amazon also get a Federal tax credit in the US because they pay (ahem) tax abroad. This means they pay less than the standard rate (35%) companies would normally pay.

  12. Re:Problem for IRS-equivalent too by tuppe666 · · Score: 3, Interesting

    This is not only a problem for publishers (which pay 20% instead of 3%) but also for the equivalents of the IRS. Amazon is paying a lot less taxes than it should in other countries by leveraging that extra 17% in two ways: benefits, and gaming the input/output VAT.

    No that is not what is happening the Publishers pay Nothing; Zero; Zilch; Nada; Nothing. Amazon also pay Nothing; Zero; Zilch; Nada; Nothing. The *Final* customer pays the standard rate which is 20% in the UK and the Government gets it ALL.

    VAT does not work like you think it does. Businesses do not Pay VAT.

  13. Uhhh, why not "collect" 70% tax rate? by Impy+the+Impiuos+Imp · · Score: 2

    Isn't it fraud to charge somebody for a tax then not pay the money to the government? This is true whether they really owe 20% and pay 3% or owe 3% and lie to customers they need to collect 20%.

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    1. Re:Uhhh, why not "collect" 70% tax rate? by tuppe666 · · Score: 2

      Isn't it fraud to charge somebody for a tax then not pay the money to the government? This is true whether they really owe 20% and pay 3% or owe 3% and lie to customers they need to collect 20%.

      ...but that is not what is happening. Its also not what this article is about. Its incredibly confusing its about the starting price for discount negotiations, neither Amazon or the Publishers pay VAT.

  14. Re:Better devices? by mrclisdue · · Score: 4, Funny

    ...You do realize that PDF is meant for printing. The P in the acronym kinda gives it away....

    So, the 'P' in PDF, which stands for 'Portable Document Format', is supposed to remind us, somehow, of printing?

    Does the 'G' in Gif somehow remind us of giraffes?

    How do I subscribe to your newsletter?

    cheers,

  15. Re:Disinformation about ebook vat by amorsen · · Score: 2

    As another comment linked to an article: Vat by EU law is 20% for ebooks.

    This is wrong. EU requires that VAT for ebooks is the same as the standard VAT, whatever that is in the particular country where the book is "published".

    In 2015 the rules will change, and it will be the country of the buyer which determines VAT (as it is for everything else), and then it will all be academic.

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  16. Re: Corrected version of Original Article by LizardKing · · Score: 2

    Amazon is doing something shady and it'll get worked out in court now that it's know[n].

    Oh yeah, just like Vodafone and the billions of pounds they avoided paying in tax. In the UK the politicians let big firms get away with crap like this and the Facebook tax dodge in the mistaken belief that it brings jobs to the country. All it does is line the pockets of a few at the cost of a huge amount of tax revenue taht could be used to finance real investment.

  17. Re:Problem for IRS-equivalent too by tuppe666 · · Score: 2

    Small companies are generally not VAT-registered, and therefore have to pay the tax.

    But in general you are correct; businesses on the whole avoid paying VAT even when they provide no discernable "value addition" to the product or service. Perhaps if each intermediate business had to pay 1% VAT we'd see a reduction on the number of middlemen and shell companies.

    No Small companies are almost always VAT registered, you have to have a turnover of less than £77,000 which excludes all but sole-traders, and even then they have a tendency to be vat registered if they do work for businesses.

    http://www.hmrc.gov.uk/vat/start/register/when-to-register.htm

  18. Re:Problem for IRS-equivalent too by Anonymous Coward · · Score: 2, Interesting

    It would have to be a very small company then. I run a one-man-band ltd company in the UK, and it is VAT registered. Having a VAT registration is very often a requirement from customers, and it is needed if I would want to reclaim VAT paid on goods purchased (which I dearly want to, otherwise it would come straight out of my margin).

    There is nothing strange or new here:
    * VAT works as it is supposed to do (you pass it on to your customer).
    * A (near) monopolist is taking advantage of their strong hand. Could be something for the regulators to look into.
    * Guardian journalists showing that having a clue is not mandatory.

  19. Just one question: by n6kuy · · Score: 2

    How do we know that this story is actually true, and not just some BS made up by someone who has an axe to grind with Amazon?

    --
    If you disagree with me on social issues, then it's pretty clear that you are a narrow-minded bigot.
  20. Related link... by SternisheFan · · Score: 4, Interesting
    From BoingBoing's Cory Doctorow, a former bookseller himself. http://boingboing.net/2012/10/22/kindle-user-claims-amazon-dele.html

    "If it's a choice between paving the way for tyranny and risking the loss of your digital life at the press of a button by some deceived customer service rep, and having to remember a password, I think the password is the way to go. The former works better, but the latter fails better. A note to anyone from Amazon PR contemplating sending me a comment regarding this: I expect that any comment from Amazon regarding this story will disclose whether and when Amazon can delete files (including files loaded by users) from Kindles, and whether DRM-free files can still be deleted. Also: as a policy, I do not quote anonymous spokespeople for firms unless they are telling me something that could cost them their jobs."

  21. What problem? by jouassou · · Score: 2

    I bought a kindle about a month ago, and use it exclusively to read math and science. I'm a third year physics student, so most of the content is full of greek letters, mathematical notation, and stuff like hats and bars on letters. Of the 30-40 documents I've tried to read on it so far, I've only stumbled on a single document with a rendering error (where e^(-E) has the exponent pushed into the base number)...

  22. Re:Problem for IRS-equivalent too by paugq · · Score: 2

    VAT does not work like you think it does. Businesses do not Pay VAT.

    Sorry pal, but that's not how VAT works.

    There is input VAT and output VAT.

    Businesses do pay VAT, except for later they "cancel" it thanks to the input/output VAT compensation.

    But that's only if input VAT and output VAT are at the same percentage. If you are paid 3% VAT by Amazon but you have to pay 20% VAT to IRS, then you are in trouble. That's exactly what publishers are complaining about.

  23. Re:VAT by Anonymous Coward · · Score: 2, Interesting

    So that is piracy of services what goes on the internet, not piracy of products as far as the EU is concerned. I wonder what would be the consequences of this definition..

  24. Re:Problem for IRS-equivalent too by tuppe666 · · Score: 3, Informative

    VAT does not work like you think it does. Businesses do not Pay VAT.

    Sorry pal, but that's not how VAT works.

    There is input VAT and output VAT.

    Businesses do pay VAT, except for later they "cancel" it thanks to the input/output VAT compensation.

    But that's only if input VAT and output VAT are at the same percentage. If you are paid 3% VAT by Amazon but you have to pay 20% VAT to IRS, then you are in trouble. That's exactly what publishers are complaining about.

    I'm not your PAL. Your absolutely right that that there is "output vat" and "input vat", the business gives the *difference* to the government. The Final Customer Pays ALL the VAT!!! The other businesses just collect chunks of it along the way :) hence the *Added* bit. VAT does not work like you think it does.

    The Publishers are complaining they are getting a smaller piece of the pie after discounts have been negotiated, as they are worked out on 120% of the net price not 103% of the net price. Try the maths yourself. Again neither the publishers nor Amazon pay a bean in VAT. Its about dividing the net cost!!