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Withheld digital VAT on physical software items
Summary: masterchri$ reported a problem with eBay, which incorrectly classified his auctioned physical Microsoft Office 365 versions as digital products, resulting in unnecessary digital VAT being charged. Despite repeated attempts to contact them and provide evidence, eBay is sticking to this classification, which has caused financial loss. bootyooty and petersmodellbahnstuebchen suggested that a faulty item attribute or the product description might be the cause, and advised looking for additional ways to contact eBay. So far, masterchri$ has had little success with direct inquiries and is now looking for a moderator to escalate the issue internally at eBay.
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
miriam@ebay
Hello @masterchri$ ! Here, @bootyooty was already on the right track with the note about the item attribute Format: E-Mail.
It was exactly this attribute that was decisive in having the offers classified as digital products. So this was not a faulty detection when creating the offer. For future offers with physical shipping, you should select a different format accordingly.
If buyers were wrongly charged sales tax because of this, they can use the form at the end of this help page: Paying taxes on eBay sales to request a sales tax refund for the completed order and submit the relevant proof.
Best regards
Miriam
petersmodellbahnstuebchen
Mentor4 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$
OP4 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
Mentor4 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
masterchri$
OP4 hours agoHello Peter,
unfortunately, neither of them (phone call and email) was successful.
Ebay still maintains that it is a digital product, despite the box, instructions, and physical nature of the product. That’s how it’s stored on the platform, no matter how sellers like Amazon or even the manufacturer Microsoft see it.
Is there still a moderator here whom one can contact?
Best regards
Christian
bootyooty
Mentor4 hours agoModerators are only responsible for the forum, but I can ask @miriam@ebay 🌻 to take a look, she's an eBay employee, but you'll have to be patient, she may not reply right away, or maybe only tomorrow.
bootyooty
Mentor4 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.-