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Author's notes #76

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svanteschubert opened this issue Oct 24, 2023 · 0 comments
Open

Author's notes #76

svanteschubert opened this issue Oct 24, 2023 · 0 comments

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@svanteschubert
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svanteschubert commented Oct 24, 2023

Background

French Use Case n°35:
Author's notes

OPERATIONS CARRIED OUT BY THE AUTHOR PAYING INSTITUTION

APPLICABLE SYSTEM (E-invoice/E-reporting)

Perception from royalties

Publishers, rights collection and distribution companies or producers.

Gives rise to withholding of VAT by the payer

• E-reporting by the paying institution (no invoice, but a statement of rights in favor of the author)

Perception from royalties

Other than publishers, collecting societies or producers.

No VAT withheld by the payer

• E-invoicing by author (invoice issued by author) if B/G customer

• E-reporting if C customer (e.g. non-taxable association).

Other transactions not subject to withholding -

• E-invoicing by author (invoice issued by author) if B/G customer

• E-reporting by author if customer C.

  • Statements of entitlement do not fall within the scope of e-invoicing.
  • Transactions giving rise to withholding of VAT by publishers, rights collection and distribution companies and producers fall within these businesses' scope of e-reporting. There is therefore no need to create a dedicated invoicing framework.
  • For royalties that are not paid by these bodies, authors are liable for VAT unless they benefit the basic exemption regime and are subject, like any taxable entity, to the e-invocing/e-reporting obligations, depending on whether or not their client is a taxable person.
  • For transactions other than copyright, authors remain subject to the ordinary law regime and may fall within the scope of e-invoicing or e-reporting.

The case of the author's notes is presented to clarify the application of electronic invoicing and e-reporting for this use case. There are no additional obligations to the provision of Article 285 bis for the CGI.

NOTE:
The text/pictures of this use case no. 35 were taken from the French government site!
The text was extracted from V2.3 - deepl English DOCX and any pictures were taken from V2.2 - original English PDF)

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