Introduction
A bit later than usual. Let’s blame the vacation time. Or the weather. Although the latter might in fact be troublesome for some of you after some of the worst flooding in decades in parts of Europe. But also in the Northeast of the US severe weather is expected. Good luck to all that are affected by this.
Some bad stories in the newsletter this week as well. Ransomware attacks are occurring more and more often, and if a businesses is hit, there can be a huge impact. And what will happen if the tax authorities are attacked? That’s one of the topics listed in this newsletter.
Quite some ECJ news this week as well. Although the ECJ is now on vacation, we will continue posting flashbacks to interesting cases, and continue to prepare overview of the latest questions raised.
Electronic invoicing is almost the common rule nowadays in B2B situations. But it’s not mandatory…yet. The main problem that remains is that there is still no common standard on e-invoicing. And no common approach by tax authorities on how they want transactions to be reported. This newsletter has several items on e-invoicing an the latest news on real-time reporting.
Lasty, if you are almost going on vacation you may want to check if and how you want to claim back VAT on your expenses for 2020. There was much less travel, so the amount of expenses and VAT may be less compared to previous years, but especially now: cash is king! Make sure that when you’re back in the office (or preferably before you go out), your foreign VAT on your expenses is being claimed back.
We will continue posting during the summer, but you may see some less activity on a specific day or week. Please continue to follow us and send us your news and contributions. Have a great week.
WORLD
- Job opportunities in Germany, Slovakia, Spain, United Kingdom and United States
- Job opportunities in Germany, Netherlands, United Kingdom and United States
- Job opportunities in Romania, Switzerland and United Kingdom
- Job opportunities in Belgium, Germany, Qatar and United Kingdom
- 5 Key Tax Analyst Skills for a Stronger Indirect Tax Future
- How multinationals can weather the storm of country mandates and point solutions
- Global Trade Alert: Monthly Customs Update June 2021
- PE Watch – Latest developments and trends, July 2021
- Understanding CTCs and Their Impact on VAT Compliance Today
- VAT/GST developments relating to eCommerce and electronic services outside the European Union/UK
- 3 Key Benefits to Integrating a Tax Engine with Your ERP
- Advantages of using electronic time stamps for your documents
- WTS Global Customs Newsletter #2/2021 now available
- Business Activity Statement Report (BAS) for VAT Reporting
- Ransomware: impact on VAT
EUROPE
- Roadtrip through ECJ Cases – Focus on ”Exemption – Insurance and reinsurance transactions, including related services performed by insurance brokers…
- CJEU ruling on VAT fixed establishment has broader domestic consequences
- Flashback on ECJ Cases C-131/13 (Schoenimport “Italmoda” Mariano Previti), C‑163/13 (Turbu.com BV) and C‑164/13 (Turbu.com Mobile Phone’s BV ) –…
- Flashback on ECJ Cases C-40/15 (Aspiro) – Claims settlement services provided by a third party are not VAT Exempted
- ECJ case C-695/19 (Rádio Popular) – Decision – Exempt Insurance commissions to be included in the turnover to calculate the denominator for proportional…
- ECJ C-81/20 (SC Mitliv Exim SRL) – Order – VAT once due cannot be considered to be undue and cannot generate interest for the benefit of the taxpayer who has…
- Flashback on ECJ Cases C-249/12 (Tulică) & C-250/12 (Plavoşin) – Price is considered is assumed to include VAT in case not mentioned in the agreement
- ECJ C-156/20 (Zipvit Limited) – AG Opinion – Deduction of input tax is not possible without possession of an invoice stating the VAT
- ECJ C-293/21 (Vittamed technologios) – Questions – Review of VAT deduction of capital goods in case of liquidation of the taxable person
- ECJ C-267/21 (Uniqa Asigurari) – Questions – Place of supply of claims handling and settlement services (B2C)
- ECJ C-294/21 (Etat du Grand-duche de Luxembourg et Administration de l enregistrement, des domaines et de la TVA) – Questions – Place of…
- New ruling on Fixed Establishments (C-931/19 Titanium)
- Flashback on ECJ Cases C-93/10 (GFKL Financial Services) – Purchases of defaulted debts at a price below their face value is not a taxable transaction/economic…
- European Commission Infringement Package for July 2021 Includes VAT Issues for Lithuania, Cyprus and Romania
- VAT, e-commerce and the EU’s Import One-Stop Shop
- Council adopts a temporary ‘buy and donate’ VAT exemption
- Titanium case and fixed establishments for VAT purposes: Has anything really changed?
- New ‘European Public Prosecutor’s Office’ tackles Covid-19 fraud
- Slovenian Presidency of the Council of the European Union Publishes Priorities
- VAT treatment of financial services
- No fixed establishment in case of property rental
- EU VAT Committee – Addendum published to WP 1009 – Romanian consultation on cash accounting
- Opinion Statement on Issues With the Supply of Goods With Transport Under e-Commerce Rules – Tax Advisers Europe
- E-commerce in the EU: 3 Party Logistics and VAT
- EU VAT Committee: VAT aspects of centralised clearance for customs upon importation – Overview per Member State of Postponed Accounting &…
- The ECJ is taking a break – An analysis of the Pending ECJ VAT Cases
- New guidance from the CJEU on the scope of the fund management VAT exemption
- European Council adopts a temporary ‘buy and donate’ VAT exemption
- New Developments on the VAT Exemption for Fund Management Services
- EU Fit for 55 Package: measures to meet 2030 climate target
- Published 1 year ago …. the EC Action plan – 25 priorities defined
- Belgium Announces VAT Registration and Deregistration Must be Filed Electronically
- VAT exemption for medical care: limited to therapeutic purpose from 1 January 2022
- VAT on the way to dentist and physiotherapist
- Applications to start, change, and stop a VAT activity to be submitted online
- Electrification company car fleet – VAT considerations
- VAT and e-commerce: Belgium implements new rules on importer of record
- COVID-19: Payment plan from 12, 24, 36 or 50 months for companies with payment difficulties
- VAT and e-commerce: Belgium implements new rules on importer of record
- Amendments to VAT exemption for medical and hospital care
- VAT refunds post-Brexit
- Guidance on VAT and e-commerce, pending transposition of EU VAT Directive revision
- VAT exemption for charitable event
- Rental and operation of charging stations – price reduction
- VAT deduction – bankruptcy estate – partnership’s VAT deduction in the event of bankruptcy
- VAT on services in connection with rental of apartments
- BFH: Taxable amount is not to be reduced by the interest amount reduced by a bank from its payment to the plaintiff
- Non-EU travel agents excluded from TOMS as from 1 January 2022
- Federal Ministry of Finance on the taxation of supervisory board members
- BMF: Supervisory board members is taxable person if at least 10% of the total remuneration is variable
- Zero financing does not reduce tax basis for VAT purposes
- VAT treatment of services provided by stock exchanges and other trading platforms
- 6% VAT rate proposed for supply of electronic books and publications
- Greece Confirms Permanent Extension of VAT Reduction for Five Islands
- Real Time Reporting pays off …. €14.2Milllion seized from cross-border VAT frausters in Hungary
- RTIR in Hungary, invoice real-time information reporting
- VAT Developments in Ireland since June 1, 2021
- Revenue eBrief No. 138/21 – Filing Guidelines for DAC6
- Link to the registration for the (Import-) One Stop Shop
- Contract under which commission is payable on fuel sale
- Eurojust assists Italy in blocking VAT fraud scheme with car imports from Germany
- San Marino: E-invoice Requirement for Companies Selling Goods in Italy
- Italy and San Marino: Steps to clearance customs regimes?
- Energy and VAT reduced rate
- Electronic invoicing via SDI becomes mandatory from July 1, 2022 for transactions between Italy and San Marino, only for the supply of goods
- VAT Developments in Italy – 50 newsitems June 1-July 15, 2021
- Tax Authorities Clarify VAT Treatment of Supplies of Loyalty Programmes Points
- Ruling #424: Recovery of VAT in the context of a transaction governed by the split payment mechanism
- Ruling #392: Allocation and redeeming of points in the context of an App-based loyalty programme
- Kosovo Assembly Considering New Draft VAT Law
- VAT Exemption for Books, Textbooks and Serial Publications
- Kosovo Introduces VAT Exemption for Books, Textbooks and Serial Publications
- Wall with an important function keeps sales VAT-free
- Director liable for VAT adjustments on unpaid creditors
- Letter about VAT returns in the new Tax and Customs Administration portal
- Request for refund of VAT irrecoverable invoice from 2011 submitted in 2019 was submitted too late
- Partly insufficient evidence for VAT fraud
- Bad debt request was submitted too late
- Intermediation service between an athlete and a foreign sports club is located in the country where the athlete is going to play
- Compensation for teacher after misinterpretation of education exemption by inspector
- Report theater performance by blind interpreter taxed at 21% VAT
- New JPK_VAT structures with the declaration – tax consultations
- Publication of a law changing JPK_VAT file
- The tax office unlawfully delays VAT refunds
- Further changes in sending JPK – No further need to mark split payments
- Sometimes, instead of correcting the invoice, a correction note is enough
- VAT deduction on the purchase and use of an electric car
- Poland Will Make B2B Electronic Invoicing Mandatory
- SAC judgment: the transfer of the VAT surplus is not subject to statute of limitations
- “Cashless Taxpayer” program – VAT refund within 15 days
- Are the funds provided for the implementation of the “Clean Air” program subject to VAT?
- Changes in the rules of VAT reporting
- Tax consultations – new JPK_VAT structure with declaration
- SLIM VAT 2 package – tax simplifications from October 1, 2021
- E-commerce VAT package: Tax revolution in e-commerce [GUIDE]
- Purchase of the so-called difficult debts are not subject to VAT
- Right to deduct input tax on the purchase of catering services by a hotel company
- Standard VAT rate in Azores is reduced to 16%
- Beneficiaries of the VAT Exemption on the Acquisition of Goods in the Fight against COVID-19
- Portugal Makes it Mandatory to Declare the SAF-T Accounting File as of Jan 1, 2022
- Electronic invoices must be signed electronically in Portugal
- IVAUCHER: Benefits To Taxpayers With New Government’s Program
- Portuguese clarifications to distance sales
- Portuguese clarifications to (I)OSS
- VAT treatment of Electronic Commerce through Electronic Interfaces
- Order for approving the rules on the authorization and use of the special mechanism for the declaration and payment of VAT on imports
- ANAF portal makes available to taxpayers the One Stop Shop electronic system – OSS
- Draft Order on the Procedure for establishing the VAT due in Romania by diplomatic missions and consular offices
- ANAF updates the SAF-T technical documentation
- EU Commission sends a formal letter to Romania in order to comply with the new EU OSS VAT rules
- About 3000 companies need to prepare for SAF-T, test period in Aug-Sept, mandatory as of Jan 1, 2022
- ANAF – Norms of the special VAT regime regarding the import
- Romania Reduces VAT on Heating Energy Intended for Domestic Use from 19 to 5% as of Jan 13, 2022
- European Commission warns Romania about excluding some companies from the One Stop Shop electronic system
- New VAT rules in e-commerce, July 1, Practical guide
- Russia’s law on activities of foreign Internet companies in Russia signed by the President
- Foreign IT companies may be obliged to open local offices in Russia
- New requirements for foreign IT companies; VAT and tax implications
- Russia Adopts VAT Exemption for Catering Industry
- Presence required for IT businesses as of 2022
- Ministry of Finance designed new website to cover novelties in relation to the e-invoicing project in Serbia
- The latest update related to the provision of the VAT law in Serbia which covers the returnable packages
- Takeover of the obligation to adjust deductions for input VAT
- Invoice according to the VAT Act: Clarification that an electronic invoice can be approved by a formal, informal or an implied act
- Latest updates in e-documents: Impact of acceleration in e-transformation applications on e-documents
- Latest updates in e-documents: Impact of acceleration in e-transformation applications on e-documents
- 3-Month Extension For VAT Reduction On Real Estate Rentals
- Import and sale of new cars on gas exempt
- Application of zero VAT rate
- Marketing services: are transactions for their provision always subject to VAT?
- The “business” of shooting – a tale
- UK ministers resist calls to reduce VAT on green home improvements
- Do the UK’s VAT and property rules need to be simplified?
- How to File Your Delayed Supplementary Declarations
- Imports and exports: general enquiries
- Target Group Ltd – Court of Appeal rules that third-party loan servicing is subject to VAT
- Policy paper – Goods arriving in Great Britain without an import declaration (CIP 1)
- Customs changes which will be introduced over the coming 6 months
- HMRC Guidance: Pay less import duty and VAT when re-importing goods to the UK
- HMRC Guidance: Updates on VAT appeals
- Subsistence and Travel Expenses
- HMRC Guidance: Tariffs on goods imported into the UK
- Postponed Import VAT accounting: A cash flow solution for importers
- Collection of tax debts
- If you pay UK import VAT, here’s why you need to register
- HMRC Guidance: Finding commodity codes for imports into or exports out of the UK
- The Making Tax Digital for VAT magnifying glass
- Jailed VAT fraudster who used multiple false identities ordered to pay back almost £3.5m in ill-gotten gains
- No Exemption from VAT for Loan Administration Services Supplied to Bank, UK Court of Appeal Says
- The Future of VAT in the UK – What we have heard so far
- VAT zero rate to apply to trades in UK emissions trading scheme allowances within the VAT Terminal Markets Order
AFRICA
- New deadline from ETA for certain taxpayer groups to comply with the e-invoicing mandate
- Egypt exempts consumer finance services from VAT
- Nigerian govt accuses Multichoice of N1.8 trillion tax fraud, moves to freeze accounts
- ECOWAS Wants VAT Increased On Perfumes, Wine, Hotels In Nigeria
AMERICAS
- Federal Government proposes income tax reform; Supreme Court rules ‘Total Output ICMS’ to be excluded from ‘PIS and COFINS’ tax base
- Brazil’s Supreme Court concludes discussion on the inclusion of ICMS in the PIS/COFINS taxable basis
- The Requirement To Collect GST/HST Is Extended To Businesses In The Digital Economy
- New Brunswick and Six First Nations Agree to Settle Sales Tax-Sharing Agreements
- CBSA launches first phase of Assessment and Revenue Management project
- When are you obliged to register for GST/HST in Canada?
- USTR’s Tai urges Canada to abandon digital tax
- E-Commerce Businesses – Do you need to be registered for GST/HST?
- Ecuador Gazettes Resolution Establishing Rules for VAT Withholding for Online Payment Aggregators
- EL SALVADOR
- Legislation enacted making bitcoin legal currency in El Salvador
- Mexico’s tax on foreign-supplied digital services: 110 digital businesses register
- Tax Administration Updates List of Non-Resident Digital Service Providers Registered for VAT Purposes
- VAT rule that exempted certain purchases of temporarily imported goods from non-residents from VAT withholding repealed
- The State of Electronic Invoicing in Panama
- PARAGUAY
- Paraguay Provides Withholding VAT Rate Applicable by Exporters Acquiring Transportation Services for Agricultural Products
- UNITED STATES
- USTR’s Tai urges Canada to abandon digital tax
- West Virginia: Proposal of a new administrative rule on sales and use tax assumption by retailers
- Sales Tax on SaaS: A Checklist & State-By-State Guide for Startups
- Sovos Issues 2021 Sales and Use Tax Annual Report, “The Continuing Evolution of Sales Tax”
- State and Local Sales Tax Rates, Midyear 2021
- BPC in the US initiates testing of a country-wide e-invoicing network
- Florida Amends Remote Seller and Marketplace Provider Sales Tax Regulations
- US launches e-invoicing pilot project
- The United States Begins an Electronic Invoicing Pilot Project
- 2021 State & Local Tax Year-End Issues to Consider Now
- Missouri: Final State to Enact Sales Tax Economic Nexus and Marketplace Legislation
- Sales tax holidays in Tennessee beginning at the end of July
- Colorado Sales Tax Nexus And Destination Sourcing Rules
- Texas Cities Sue To Overturn Changes in Sales Tax Sourcing Rules
ASIA-PACIFIC
- Well-functioning VAT & its prerequisites: Where does Bangladesh stand?
- Bangladeshi poor bear over 12pc burden of VAT: Study
- Toy seller wins Tk 1 lakh in VAT lottery
- The Fiji Labour Party rejects any proposals or moves to increase VAT in the upcoming National Budget
- Fiji Council of Social Services calls for removal of VAT from basic food items
- HMRC Guidance: Sailaway boats supplied for export outside the UK (VAT Notice 703/2)
- Georgia launched an Automatic Refund VAT System
- Works Contract Services under GST- A Compendium regarding Development/Changes in the law
- Karnataka govt proposes to reimburse GST on movie tickets
- GST department busts 23 firms for fake invoices and fraudulent ITC
- 12% GST on unbranded chips too: Kerala AAR
- Importer not required to furnish quarterly returns w.r.t import of currency paper
- GST Evasion: CGST Zones and DGGI booked about 8000 cases involving Fake ITC of over Rs. 35000 crore in FY 2020-21
- GST to be paid only on difference between Selling Price and Purchase Price of Second Hand Gold Jewellery purchased from individual
- Kerala AAR: 18% GST levy applies on house-boat services but ITC available
- Updated FAQs on GSTR 3B Return under GST Regime
- All about GSTR 1- Monthly Statement of Outward Supplies
- GST Impact on Services Provided by the Freelancer
- Issues of GST Amnesty Scheme
- Cancellation or Suspension & Revocation of GST Registration
- Tanker Bodybuilding on Job Work basis, on Chassis supplied by Customer, is Supply of Services, 18% GST payable: AAR
- 12% GST applicable on Laboratory Reagents for Rapid Testing of Food Safety Parameters: AAR
- 12% GST on Mats, Matting & Floor Covering of Coir backed by PVC, Rubber, Latex
- A2ZTaxCorp’s Weekly GST Communique dated July 12, 2021
- 12% GST on Chips, Sharkarai varatty, Roasted and Salted Cashew nuts, Namkeens
- 18% GST on House Boats used for Cruises, Day Trips with Meals as part of Packages
- Placement of specified Medical Instruments to Unrelated Customers without consideration Constitutes Supply of Services
- 18% GST forces hotels to junk biodegradable packaging
- Four years on, GST regime needs further simplification
- Supreme Court rules powers of provisional attachment under GST law are excessive
- Upcoming functionalities to be deployed on GST Portal for the Taxpayers in the month of July, 2021
- Various functionalities made available for Taxpayers on GST Portal in June, 2021
- Authorities tracking RFID data to detect GST evasion, fraud
- Alcohol-based hand sanitisers to attract 18% GST
- Recent judicial pronouncements (June 2021)
- Government tenders to attract GST, deemed a service
- Reimbursement of additional discount to distributor will attract GST, says Kerala AAAR
- Practical FAQ on Input tax credit (249 pages)
- 12% GST on Construction of Airport Authority of India Residential Colony for self-use or for Staff / Employees
- Input Tax Credit is not required to be reversed on the inherent loss of inputs in manufacturing process
- Interplay between GST and IBC: Mutual set off between credits and liabilities
- Govt says effective corpus built to pay out GST dues this year
- GST Audit Checklist FY 2021-22
- Indonesia Collects 1.65 Trillion Rupiah from Digital VAT in 1H
- Government pockets IDR 1.6 Trillion from Digital Tax until first semester 2021
- Update on luxury-goods sales tax borne by government facility for sales of vehicles
- Indonesia tax on digital services raises USD114m in first half of 2021
- Landmark GST refund ruling in Malaysia
- PHILIPPINES
- Marcos pushes VAT freeze on oil products
- The VAT refund that got away?
- Collection of VAT on domestic purchases may delay 3 investment projects worth P33b
- BIR VAT refund system working efficiently – tax experts
- Singapore Launches Public Consultation on Proposed GST (Amendment) Bill 2021
- New API for transmitting GST Returns
- Guidance: Importing of goods
- Guidance: Providing international services
- IRAS e-Tax Guide GST Guide on Attribution of Input Tax (Seventh Edition)
- Guide regarding VAT and electronic services provided by non-residents
- Revenue Department dispells rumour of VAT for private vaccines
- Thailand guidance on September 2021 VAT plan for digital sales
- New Circular clarifying conditions to be entitled to 5% VAT rate on medical equipment
- Update on tax treatment of e-commerce and digital transactions
MIDDLE EAST
- Circular on VAT refund to eligible real estate developers
- New rules of origin issued with respect to goods manufactured in GCC countries
- E-invoicing (FATOORAH)
- Three steps outlined for taxpayers to take in first phase of E-invoicing
- Circular on VAT refund to eligible real estate developers
- Saudi Arabia to expand duty free shops to all air, land and sea ports
- Automotive Sector and VAT Available for Use but with VAT on Toll
- Anti-dumping duties, ceramic pavers and tiles
