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This is what eBay reports to the tax office
Platforms Tax Transparency Act
The Platforms Tax Transparency Act entered into force on 01.01.2023. Which eBay data is now forwarded to the tax office, you will learn in our video. Furthermore, we look at whether eBay Classifieds is now also affected by this law.
This is what eBay reports to the tax office - We reveal it to you
Privacy and security are often two very contradictory goods, as several examples from German history have already demonstrated. But this dichotomy is now also finding its way into online retail – meaning the security of correct taxation and the privacy of your data on eBay and Co. How the Platform Tax Transparency Act is now implemented by these platforms, i.e. which of your data is passed on to the tax office, we reveal to you in this video. First of all, however, it should be said that we only look at and evaluate the data situation, but do not give legal advice.
What is the Platforms Tax Transparency Act ?
But let’s break down the issue now. What is the so calledThe “Act on the Reporting Obligation and the Automatic Exchange of Information of Reporting Platform Operators in Tax Matters” or in short: “Platforms Tax Transparency Act” ? This can be viewed online on the website of the Federal Ministry of Finance. This is the legal implementation of a directive requirement of the European Union. Accordingly, a reporting obligation has now been introduced for operators of digital platforms, i.e., e.g. eBay, introduced vis-à-vis the German Federal Central Tax Office. But how does eBay itself implement this now? You can find this in the current privacy policy as of 04.04.2023.
However, it only describes how your data is collected and processed. Not which data of it is forwarded now. This regulates namely the PStTG anyway in §14 para. 2: Which describes exactly what platform operators must report. If you want to know exactly, we’ll put the link in the video description or you can pause the video at this point.
What happens when crimes are committed?
So far so good. But what about when there is probable cause to suspect a crime has been committed?
Then the eBay privacy policy states that, the Name, city, zip code, phone number, email address, (former) username, IP address, fraud complaints, bid and offer summary may be forwarded to the Federal Central Office. So that also means the bid total, which some merchants will now find less great. But what about the chat logs?
This is what eBay reports to the tax office - What about chat logs?
If you scroll down further in eBay’s privacy policy, this point is also taken up. Accordingly, a manual review of these can be performed if there have been violations of the TOS or it helps preventively protect against fraudulent or suspicious activity. This means that these data are stored. However, this does not mean that they will be passed on to the tax authorities. As said, if there is sufficient suspicion, this cannot be guaranteed, but the privacy policy at least does not state that this is now the rule. Therefore, you as a tax honest person have nothing to fear even with the new law in force since 01.01.2023.
Does this also apply to eBay Classifieds?
But what does the whole thing look like now for eBay Classifieds? Whether or not these are included is a legal matter and will not be clearly determined by us. However, in my personal opinion, they are not covered by this law.
Yes it is a digital platform, but look at the PStTG again more closely, eBay classifieds could be excluded from this according to §3 section 1. Accordingly, it is not a platform that is affected by the law if software exclusively enables the following:
- the processing of payments made in connection with a relevant activity;
- The listing of a relevant activity or the promotion of a relevant activity by users; or
- the redirection or forwarding of users to a platform.
But what is your opinion about it? Is eBay Classifieds affected by the law or not? Write it to us in the comments with the reason. You can find the sources in the video description.
This is what eBay reports to the tax office - eBakery has the answers
In summary, we can say that the data protection declarations do not contain any serious changes resulting from the new law. If a crime has been committed, the scope of action of the German authorities is large, yes, but only then. So it doesn’t follow that bid totals and chat logs are sent out to the IRS per se.
If you see it differently, let us know.
However, if privacy policies are less your problem, but performance on the marketplaces is, then we as an eBay SEO agency can help. Please feel free to make an appointment directly.
Do you have questions or need an individual offer? Do not hesitate to contact us.
Haben Sie Fragen oder brauchen ein individuelles Angebot? Zögern Sie nicht, uns zu kontaktieren.
