As an add-on developer, do we need to handle VAT or Sales Tax?

Hi everyone, I am wondering if we need to deal with VAT or sales tax. Looks like Atlassian only takes care of it if you are based in Australia. I am reading this page https://developer.atlassian.com/platform/marketplace/sales-tax/ for EU based developers, but it is still not clear to me.

Atlassian is responsible for collecting tax on sales of apps. You are responsible for taxes resulting from Atlassian’s payments.

Does Atlassian collect VAT on top of listed price in the Marketplace? Or does the price also include VAT and developer is responsible to pay them? How do you handle this?

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Anyone from Atlassian? CDAC is recommended as go to place for developer support but important questions go unanswered :frowning_face:

My suggestion would be to reach out to an accountant or even the tax authority in your country with the Atlassian Marketplace agreement in hand (Marketplace Partner Agreement | Atlassian ).

Note: I’m not a lawyer or a tax person…

I would review section 4.7 (And pretty much the entire agreement :slight_smile: ):

4.7. Taxes. Except as described in this Agreement (including Section 4.8 for GST Registered Marketplace Partners), Atlassian is responsible for collecting and remitting any taxes imposed on sales of Paid-via-Atlassian Apps to end users. You are responsible for any income or other taxes due and payable resulting from Atlassian’s payments to you. Accordingly, unless otherwise stated, the amounts due to you hereunder are exclusive of any taxes that may apply to such payments. Atlassian maintains the right to deduct or withhold any applicable taxes payable by you from amounts due from Atlassian, and the amounts due, as reduced by such deductions or withholdings, will constitute full payment to you. For Marketplace Partners in Australia, if you do not provide Atlassian with your ABN number, then Atlassian has the right to withhold the top applicable tax rate from its Revenue Share payments to you.

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To answer this question: we decided to consider Atlassian as the sole customer as a result of the reseller operation (technically, we are selling the licenses to them for reselling), and are invoicing Atlassian for the remittance. You are allowed to do so and send your invoices to Atlassian AP ap@atlassian.com. Although they will not process the invoice, they will archive it for auditing purposes. We are assuming a 0% VAT tax rate on the invoice for services delivered to entities outside EU.

This has not yet been audited by the Dutch revenue service, so I have no idea if this will be accepted, and I will not give you any guarantees (like Daniel, I’m not a lawyer or tax person). Just know that this is a valid option which is also supported by Atlassian.

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Thank you very much @remie for providing this insight, I really appreciate it. We are really just starting out and dealing with VAT would be extra inconvenience. I think your approach is good option for now. I have better understanding about below text from Atlassian after reading your reply.

What if I’m a developer based in the European Union?

Under section 4.4 of the Marketplace Partner Agreement, Atlassian is responsible for collecting tax on sales of apps. You are responsible for taxes resulting from Atlassian’s payments.

As Atlassian is a GST registered business in Australia, your app sale to Atlassian is not subject to Australian GST.

Whether you need to issue Atlassian a wholesale invoice depends on the laws in your EU member state. If an invoice is required, please issue the invoice to Atlassian Pty Ltd based on the amount advised on the remittance advice and send to ap@atlassian.com.

Another short question: do you send the invoice to Atlassian in USD or EUR with the currently valid exchange rate?