VAT return in Romania

[popescu_tudor]

Good day,

Soon I will get a valid VAT ID for my business and I will update my profile on Upwork,

I will not be a VAT tax payer in my country for any work that I do here.

MY question is if I can get back all my VAT taxes that Upwork took from my earnings so far before getting a VAT ID? 

[JoanneP]

Hi Tudor,

VAT is applied to the Upwork service fee, premium Upwork memberships, and purchases of Connects. The tax is collected by Upwork and remitted to the respective EU government. We remit the VAT payment we collect to your government through the Mini One Stop Shop (MOSS) mechanism instituted by the EU.

VAT is shown on your invoices, which can be found under Reports  ›  Transaction History.

The tax rate varies by country, which means your tax percentage will depend on your country's VAT rate. You can find the current VAT rate for your country here.

Upwork doesn't require anyone to have a VAT number but we will charge VAT on the services above to freelancers and agencies within the EU unless they provide a valid VAT number.

For more information, please check this page. 

[249f4510]

Hi Tudor,

I'm also from Romania in the same situation as you are. Not registered for paying vat in the country but VIES registerd in the EU. (PFA)

What JoanneP is saying is completely false ! - upwork says he registered for VAT in the EU via the MOSS scheme - which is not for taxable businesses as we are but only for non-taxable individuals. In short that EUVAT on their invoice should not appear on invoices sent to businesses in the EU but only to individuals, you can find more info here:https://community.upwork.com/t5/Support-Forum/EU-VAT-is-NOT-for-TAXABLE-BUSINESSES/td-p/1609143

So using MOSS to "collect" VAT for businesses is NOT the EU mechanism as you can see in my post.

They were required to have a VIES VAT, which they don't - that's why on their invoices you'll see their US address (they should've had an EU address even with the MOSS VAT)

Also on the membership invoice there will be no VAT on their invoices ... not even that fake MOSS one, but only their US address, because they are based in the US and don't have VIES. (I don;t know why won't they leave only that address on their invoice and not add the confusing non-existing MOSS)

And on the fees invoices they use that MOSS (so you can't validate it in VIES) with the US address which is nothing but a faulty procedure (at best). Thus you cannot report that vat in the our romanian 390 VIES form as not only that they don't have VIES, they also don't have MOSS hence the US address and them not disclosing what EU country issued that MOSS number.

Please read my post as I have direct links to all the resources from the EU website regarding MOSS and also their response on this matter, as I've contacted them directly, since upwork's responses are confusing and fishy (at best).

As proof that you have MOSS, upwork, and that I have no base when I say that you lie about having registered for ANY kind of VAT in the EU, then please let us know the EU country that issued your VAT via MOSS so we can validate that VAT with that EU country.

Seriously? you thought no one will do a minimal search on what the MOSS scheme means, on the EU website ???

Regards, Tudor, I hope this clarifies things.

[popescu_tudor]

hello,

I understand that. My question is if I get a valid VAT number and I do not have to pay VAT on my country will Upwork refund all my deducted VAT so far this year? For example

Upwork deducted 20$ VAT in January and now in March I have a valid VAT ID (before I did  not have one) Can I get those 20$ from Jan back?