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Withheld digital VAT on physical software items
Summary: masterchri$ has a problem with eBay because they auctioned off a physical version of Microsoft Office 365, which eBay incorrectly classified as digital. This led to the unlawful charging of digital VAT. Despite repeatedly submitting evidence, eBay continued to insist on the incorrect classification. bootyooty and petersmodellbahnstuebchen discuss possible reasons for the misunderstanding, including the product description provided and the selected format. masterchri$ explains the difference between box versions and digital keys and is looking for an effective way to get in direct contact with an eBay employee. petersmodellbahnstuebchen recommends using keywords like "callback" in the chatbot to be connected directly with an employee.
Hello everyone,
can someone here give me some advice on the following case: I auctioned off two physical (!) versions (box, manual) of the product Microsoft Office 365 Home. These are not the digital versions. The purchase and sale process was physical: I had ordered the products online a few years ago (from Amazon) and received real, tangible products (box, DVD, and manual) - so not just the product key. I also sent the items or arranged for them to be picked up after the auction.
eBay, on the other hand, classified the items I auctioned as digital versions. The difference: with a purely digital license, you only receive the code by email. With a box version, you receive the product by post instead. The legal usage rights for the software are identical in both cases. And when selling a digital item, VAT is automatically charged to the buyer and deducted (even if you are a private seller).
I then contacted eBay several times, explained the case, submitted photos and proof of purchase, and asked them to refund the digital VAT that was wrongly charged for the physical items I sold. Each time, however, I receive the reply that the item was digital. As a result, I have suffered financial damage, and after the fifth time of explaining the situation and objecting, I am slowly at my wit's end (ticket SR# 1-509216739538 and SR# 1-509141743775).
What options do I still have?
Best regards
Christian
petersmodellbahnstuebchen
Mentor3 days ago@masterchri$
Hi Christian,
You had the following in your product description:
Product details:
12-month subscription for up to 6 people
Multilingual version (multilingual)
Use on compatible PCs, Macs, tablets and smartphones
Office applications such as Word, Excel, PowerPoint and Outlook
According to the packaging, 1 TB of OneDrive storage per person
Original box with product key inside, without CD/DVD
For non-commercial use
You did send out a box, but mainly sold the product key. Probably that’s why Ebay classifies it as a digital product.
Best regards from the Baltic Sea
Peter
masterchri$
OP3 days agoHello Peter,
that can indeed be the case. Nevertheless, there is a difference regarding the withheld digital VAT:
The difference between a package (box version / retail - as here) and an EPK (Enhanced Product Key or Electronic Product Key / PKC - Product Key Card) for Microsoft licenses such as Microsoft 365 (formerly Office 365) lies in the scope of delivery and distribution, while the software and the license itself are functionally identical.
Package (box version / retail)
Form: A physical cardboard box or plastic sleeve sold in retail stores (electronics store or online shop).
Content: Includes a card with the Product Key (license key) and usually a note on activation; physical media (CDs/DVDs) have not existed for a long time.
Advantage: You have something “tangible” in your hand, which is often appreciated as a gift or for accounting (receipt in the box).
No digital tax is charged.
Disadvantage: More expensive in logistics, takes up space, and creates shipping effort.
EPK (Electronic Product Key / PKC / ESD)
Form: A purely digital delivery (Electronic Software Delivery / Electronic Product Key).
Content: The license key and the download link are sent directly by email or via a retailer customer portal.
Advantage: Immediate availability around the clock, no shipping costs, no waste.
Disadvantage: No physical packaging; you have to watch the spam folder and keep the email safe. Digital tax is charged.
Honestly, I would have expected eBay to know about such a distinction.
Still, the question is whether there is a known eBay email address where you don’t get a response from bots in text snippets, but from employees who first read the matter before replying.
Kind regards and enjoy the 3rd of October :-)
Christian
petersmodellbahnstuebchen
Mentor3 days ago@masterchri$
Hi Christian,
because of the email address, I’m only allowed to refer you to the legal notice here in the forum.
I think it would make sense to give the chatbot the keywords "callback" or "staff member" (if necessary, several times) to get a callback from support.
Best regards and likewise, have a nice holiday.
Peter
bootyooty
Mentor3 days agoHello @masterchri$ I don’t know much about setting up items like this, but I did notice that in the item details under the Format section:
you have E-Mail listed, I don’t see that with others.
Maybe eBay assumed that it was a digital item because of that.-