Linden Lab Research, Inc., maker of Second Life “introduced” VAT to EU residents 2 days ago, by e-mail sent when most of EU is asleep.
No information was provided as WHY this way, why all of sudden and no notice?
In reality, this is a cover up to raise prices for a major group of SL users, Europeans. Linden Lab has been paying VAT all this time, it’s not an “introduction”, and up till now, the price tag has INCLUDED VAT. That’s the law, like it or not, they have to collect VAT, but before this it was included in the price.
In question is this law: http://www.out-law.com/page-3684 , and more information: http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=1746, and some more: http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/03/142&format=HTML&aged=0&language=EN&guiLanguage=en
So, therefore we conclude this is a cover to raise prices, yet Another money hungry move by LL. This by no means is “introducing” VAT. Robin Linden has admitted that LL has been paying VAT, also my other sources confirms this. More information can be acquired from tax office.
There fore, Linden Lab Research, Inc. is committing FRAUD. Imposing tax as being added on top of prices, which already included tax, is pure and simple fraud.
Also, from out-law.com:
“One solution for non-EU businesses affected by this is to create a business establishment (e.g. subsidiary, branch) within the EU from which electronically delivered services are supplied. This would allow the business to charge VAT at the rate prevailing in its Member State only, since an EU business does not have to charge VAT at the rate applicable to where the supply is made but can charge VAT at the rate where it is established, saving the costly administration arrangements of the special scheme described above.”
LL has a branch on UK, thus they could be charging every one the local rate of 17.5%, saving a lot of administrative burden.
Also, LL has denied my right for receipt, even after multiple enquiries, and imposes this price adjustment for CURRENT cycle, without a way for me to cancel. I am quoting Rowan Linden who answered to my live help request:
Rowan: You do not have to continue with land after the 12th, but you will be responsible for the payment for thsi billign cycle. If you do not feel that you are legally required to pay VAT on those charges, please submit a ticket
On receipt:
Tyrian_Camilo: I want retroactively receipt for every payment of: Membership, Mainland tier, Private estates tier, Private estates buying, Mainland sim buys
Rowan: We provide proof of purchase in your account history. What further do you think is required?
Tyrian_Camilo: A RECEIPT
** I proceeded to explain what is receipt
Rowan: That is what we provide, in a digital format that can be printed, each tiem you make a purchase. (Big FAT lie, i hear this is an receipt)
A receipt must contain clearly this information:
* Seller name & contact details
* Date of Transaction
* Item(s) and their cost(s) (per item and total)
* Amount of VAT
This page does not contain all of that, also, notice that they do not provide a way to see past 45 days, thus after 45 days ALL RECORDS are gone of an transaction. Of course, carefull client will make copies etc. but this does not constitute a receipt, thus wouldn’t hold in court.
We know that solving such a ticket will take a long time, i will try however. Here is link to the corresponding european law: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31993L0013&model=guichett
(l) providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded;
US has similar laws on unfair terms (Please could someone point me to an article, and legal docs, i can’t seem to fing a good uniform source of US laws!) .
On top of that, this is discrimination. Charging some clients more because of their origins is clear discrimination, by the fact that they raised prices only for EU citizens. Traditionally, US companies has not charged more for EU citizens, but it was part of the price of the service, and everyone’s prices was raised to average out the tax amount. Also, that is a good practice.
I really can’t wrap my head around the fact why does LL lie? Why do they lie that this is NOT an price increase?
After several days, they did make an blog posting about it: http://blog.secondlife.com/2007/09/28/questions-about-vat
Basicly saying nothing, and they had hoped this would go through quietly. They also let’s you believe this is either NEW or they HAVE NOT BEEN COLLECTING IT. Both are false statements.
For example, the exponential growth of european users is a lie, as commentor #36 on the blog posting points out, european SL users are in RAPID decline. An another false statement.
My opinion is that they are building Second Life towards elitism, a place where only ‘chosen’ people are liked and wanted. This people being non-Europeans. and YES, it seems Americans hate Europeans.
Legality, of what LL has been doing lately, is at the VERY LEAST questionable.
UPDATE 30th of Sep:
One more time i contacted concierge to ask for receipt, this time answer was direct no, but i was told they have an option to get “notice of billing”, however, me nor Guy Linden was able to find that toggle! Here is parts of the transcript:
Tyrian_Camilo: Hi, i would like to receive receipts for these payments:
Tyrian_Camilo: 6th of Sep: Dignity estate
Tyrian_Camilo: 12th of Sep: Mainland tier
Tyrian_Camilo: 10th of Sep: Estate Mun Saari
Tyrian_Camilo: and finally 26th of Sep: estate Whitfield
Guy Linden: hello Tyrain, we really do not offer receipts, other than an email notice of billing, if you have this option enabled. You can make the request in a ticket, but we generally do not supply receipts.
….
Guy Linden: in your account, there is an option to get an email when billing takes place. give me a few minutes, I will see if I can find it for you. I am just here solo right now and got a lot going on.
Tyrian_Camilo: i did already go through every conceivable way and i just cna’t find it.
….
Guy Linden: ok, I am not seeing the email notice either. if you would please just submit a ticket and detail the issue you have so we can get the right person to look at it, it will help.
Guy Linden: if you would like to do the ticket now while you are here, you can give me the ticket number and I will get it forwarded for you.
Tyrian_Camilo: ok, i’ll go make the ticket!
Tyrian_Camilo: there has to be SOME way to get receipt!
Guy Linden: we do have a special order form that you can use, but it requires 6 -12 month advance payment, you can pay with invoice, etc, they can be done this way
So, Guy Linden didn’t know neither how to get an Receipt and had been instructed prior that LL does not give receipts! That is VERY ILLEGAL!
Thanks for Guy Linden for getting some answers finally to me, while the incompetent Rowan Linden didn’t even know what an receipt is!
UPDATE #2 30th of Sep:
I spoke with Spike Linden on concierge chat just moments ago. This is what he told to me:
Tyrian_Camilo: Hi, i’ve got 12th day coming up my tier payment.
Tyrian_Camilo: Will this payment be charged the increase of price?
Tyrian_Camilo: mainland tier payment to be exact!
Spike: Hiya
Spike: With the VAT?
Tyrian_Camilo: Yes, the increased price.
Spike: Then yeah, it’ll have the VAT added to it.
Tyrian_Camilo: They have already contained VAT, but will this 12th day payment be with the higher price?
Tyrian_Camilo: Then how can i cancel this payment?
Tyrian_Camilo: or can i cancel the 12th day payment?
Spike: already contained VAT?
Tyrian_Camilo: Of course it contained, as no mention of it excluding was made
Spike: You can’t cancel the payment. It is fees due
Tyrian_Camilo: Or are you saying LL has been avoiding taxes?
Spike: No, prices did not include VAT.
Tyrian_Camilo: Do you know that it is illegal to raise service price for CURRENT term? Upcoming YES, but not for the current.
Tyrian_Camilo: Legally they did contain!
Tyrian_Camilo: Robin Linden also confirmed that LL has been paying VAT.
Spike: As of last Thursday you will be charged VAT on top of your fee’s
Tyrian_Camilo: That’s not what i asked or said.
Spike: I’m not here to discuss legal issues.
Spike: You can submit a ticket for that.
Tyrian_Camilo: So, 12th day, i will get a higher payment than what i agreed for withuot no way of cancelling it?
Spike: As far as I am aware at this time. Yes.
Spike: Is this for an island or tier?
Tyrian_Camilo: Mainland Tier
Spike: You can’t change that then, no.
Spike: It will be charged on the 12th.
Tyrian_Camilo: Mainland tier is billed for the PAST month, right? That’s atleast what i was told when i went premium etc.
Tyrian_Camilo: And i will be charged the old amount + applicable VAT (22% on my case) …
Spike: billed from the 12th Sept to the 12th Oct.
Tyrian_Camilo: I know, i have already submitted a ticket asking for receipts for the past month.
Tyrian_Camilo: I assume i can’t yet get any receipts?
Spike: ok
Spike: Receipts are all manually done at the moment.
Tyrian_Camilo: Aah, this is new right?
Spike: I’m not sure what has been put into place for the VAT change.
Tyrian_Camilo: Yesterday i was told that LL does not give receipts. Account history is the “receipt”
Spike: Yeah
Spike: for special cases we may be able to produce, but they are manually done. So it doesn’t get done often.
Tyrian_Camilo: Ok, that is new! When was this policy taken into use?
Spike: It’s always been this way. But it’s rare. has to be a special case
Spike: Generally they just get refused. but still worth asking.
Tyrian_Camilo: Ok, i have already submitted a ticket asking for receipts
Do you know are they snail mailed or digital?
Spike: digital.
Tyrian_Camilo: Ok thank you! One more question, what fullfills “special case” requirements?
Spike: well, educators and non-profit companies pay via invoices.
Rather intresting conversation! Guy Linden and Rowan Linden did not say anything about receipts on special cases, but MOST interestingly, they usually refuse such requests!
Also, interesting is that it’s denied that the prices included VAT! Legally, it is included if no mention of it excluding it is made!
Nevermind the fact that i’m not given an option to choose to cancel for the current term! Note the portion where he says 12th Sep to 12th Oct, confirming it is for the current passing month, ie. charged afterwards, not upfront. I have not YET found the law specifying for such for California, but i’m sure it exists similarly as the European law! Unless it does not exist, we would have A LOT of cases where companies raise prices for the current term, raising prices significantly, and you would be binded to pay anything the decide, thus it cannot be legal because such scams would be RAMPANT!
Also, Kejo Merlin told me about his chat with Rowan Linden, this is what he said:
Rowan: Yes, residents will be billed on any payments to Linden Lab, starting yesterday. Kejo_Merlin: one quick question about before i open a ticket, i do understand vat and it is the way things are but will we get a proper bill etc now as my accounted will need it to reclaim the vat Rowan: We provide your account histroy for proof of purchase, and recommend that you download and/or print it every month.
That was 28th of Sep. Please note that for tax office it is not enough that there is a mention of fictional avatar name
Never mind the other things this summary is lacking for proper receipt.
UPDATE #3 30th of Sep:
Prokofy Neva took her word back, Robin Linden has not confirmed that LL has been paying VAT all along, unlike what Prokofy herself told in a group chat the other day. She had told us that Robin Linden confirmed that VAT has been paid. She also refused “to give her notes”, when i asked for chat log of that event, and progressed saying that i am not interested in good journalism.
I must point that her articles are full of slander and personal opinions. She has also told me to fuck myself sideways because of what my business is — Without bothering to find out what my business actually is!
Anyways, it seems that i have to get 2nd confirmation of that via another route.
Also, i’ve been met with a lot of critique, slander, insults and resistance of this article, these are the vocal people. These people are not interested in the law mainly, nor the evidence provided. Ironically, best argument so far has been that “US law overrides EU laws” and that “If US company exports something into EU, it goes with US laws, EU laws are not applicable”.
People, i urge you to read the whole article, and the laws applicable. If i am indeed wrong, please provide me with something based on facts, not personal feelings, assumptions or how you want it to be. I cannot express how little personal insults goes in achieving that.
I also urge you to ask for a receipt for your payments, and if you are EU citizen, ask that your next MAINLAND TIER does not include VAT, otherwise, it’s fraudulent conduct of business. Changing price of service without a chance to cancel, is NOT LEGAL. The refusing to provide receipt is the most biggest crime here, probably.
I will continue on my path to find out more of the legal terms, and do my research constantly, UNTIL i find a lawyer who has license(s) to applicable areas.
Also, i urge you to be critical of EVERYTHING, including my text here, and especially laws and actions of Linden Lab! Don’t be critical ONLY about this article, but the whole situation and every party involved! Actualyl reading the applicable EU e-Commerce law helps!