Blog

Jammu and Kashmir Enacts GST

The state of Jammu and Kashmir has joined the rest of India by enacting the GST, a week after it was introduced to the rest of the country. Amidst strong opposition, the government of Jammu and Kashmir passed the Jammu and Kashmir Goods and Services Tax Act on July 7th.  The Act, and related orders, can be […]

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Could Thailand Be The Next E-Invoicing Clearance Country?

Since 2012, Thailand´s current e-invoicing legal framework follows the ‘traditional’ rather than a real-time control approach by the Tax Administration. We have therefore so far categorized Thailand as a ‘post-audit’ territory. Despite this, the Thai Revenue Department has currently an on-going e-invoicing project that aims to have a new e-invoicing legal framework in place from […]

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ECJ Case Provides Guidance on Zero-Rated Services relating to the Exporting and Importing of Goods

The European Court of Justice has ruled, in Case C-288/16, that an exemption for services “directly connected” with exportation or importation of goods applies only if those services are supplied directly to the importer/exporter or to the consignee of the goods. The holding turned on the definition of the phrase “direct connection” within Article 146(1)(e) […]

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Misplaced Confidence? Financial Institutions Could Be Underestimating the Challenge of CRS

In the iconic 1997 movie Wag the Dog, Hollywood producer Stanley Motss — played by Dustin Hoffman — has the same reaction to every problem he faces. “This is nothing!” he says repeatedly in his quest to get an unpopular president reelected. His overconfidence, however, ends up having serious consequences as the movie’s dark plot […]

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United Kingdom Publishes Guidance on Supply-Splitting Tax Avoidance Schemes

On June 26, 2017 Her Majesty’s Revenue and Customs (HMRC) published Spotlight 38, which divulges the HMRC position on supply-splitting tax avoidance schemes. The publication makes clear that HMRC considers any type of VAT supply-splitting arrangements, when designed to reduce the amount of VAT owed, to be tax avoidance. The publication goes on to state […]

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India Notifies Non-Resident OIDAR GST Registration Process

On June 19, 2017, the Indian Central Board of Excise and Customs published Notification 02/2017-Integrated Tax regarding the registration process for non-resident suppliers of online information and database access retrieval (OIDAR) services. The notification is available here. It provides that, pursuant to sub-section (2) of section 14 of the Integrated Goods and Services Tax Act, 2017, non-resident […]

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Final push for Implementing the SII

The Spanish tax administration (AEAT) has released a comprehensive set of files, tools, and documents necessary for the definitive implementation of the Immediate Information Remittance system, locally known as SII Version 1.0. As of June 15, all of the documentation, testing and validation files available to taxpayers and software providers were based on pre-releases used for […]

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Spain Issues SII Filing Deadline Calculator

Spain is quickly and steadily marching towards the planned July 1 implementation of the new Supply of Information System (locally known as SII) reporting requirement. Under the law, businesses have four days from the time an invoice is issued or received to notify the Spanish Tax Administration (AEAT) of the transaction. Determining the exact day […]

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Nuevos plazos para la Factura Electrónica 4.0 en Brasil

El 31 de mayo de 2017 la SEFAZ (Secretaría de Hacienda brasileña), organismo vinculado al Ministerio de Hacienda y principal autoridad tributaria en Brasil −presente en cada estado del país−, publicó una nueva Nota Técnica sobre la Nota Fiscal Eletrônica (Factura Electrónica en Brasil, NFe por su sigla en portugués) 4.0, comunicando que el plazo […]

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Croatia Publishes New CRS Technical Instructions and Reporting Information

The Croatian Tax Administration has published a final draft of its CRS Schema Guide and Technical Specifications. The specifications for several of the data elements and attributes in the XML have been modified since the prior publication. Additionally, the schema guide now contains a table of validation rules that the XML files must meet in […]

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Gibraltar Publishes CRS Guidance and Reportable Jurisdictions

The Gibraltar Competent Authority has published its list of CRS reportable jurisdictions, as well as some specific guidance related to reporting obligations, due diligence, debt interest, the transition from CDOT, and the XML schema. Gibraltar currently has agreements to exchange information with 20 countries – 13 of which are early adopters and will commence automatic […]

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Hong Kong Expands List of Reportable Jurisdictions to 75 Countries

The Legislative Council of Hong Kong has passed a bill that adds 73 countries to its list of CRS Reportable Jurisdictions, bringing the total number to 75 jurisdictions. In enacting this bill, Hong Kong is committing to automatic exchanges of account information with each of its preexisting tax treaty partners that has signed the Multilateral […]

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Romanian Senate Rejects Zero-Rate on Social Housing

The Romanian Senate has significantly amended a bill proposed by the ruling Social Democratic Party, which was designed to reduce VAT on social housing and agriculture. The bill originally proposed a zero-rate on the construction of buildings used for social purposes, such as housing for the elderly, orphanages, and rehabilitation centers. The Senate’s Budget and […]

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Portugal Simplifies Non-EU Travelers Exemptions

The Portuguese Tax Authority (Autoridade Tributaria) has issued a new procedure intended to simplify the exemption applicable to purchases made by non-EU travelers visiting Portugal. Diploma-Decree 185/2017 establishes a new electronic system called Simplex +, which is intended to simplify the application of the VAT exemptions for such travelers, reduce their administrative waiting time, and […]

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Greece: VAT on Bad Debts is Non-Deductible

The Greek Tax Administration has issued Circular letter No. 1080/2017, confirming that VAT on bad debts is not recoverable in most situations. The tax administration explains that only in very limited cases can VAT corresponding to transactions that have been declared bad debts become deductible, such as when the debtor has been declared in bankruptcy by […]

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United Kingdom: Queen’s Speech 2017

The Queen’s Speech for 2017, delivered before Parliament on June 21, outlined 27 bills that will make up the government’s agenda for the next two years, including eight bills devoted solely to Brexit. A proposed “Customs Bill,” which would seek to ensure that the UK has a standalone customs regime upon leaving the European Union, […]

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India Notifies Non-Resident OIDAR GST Registration Process

On June 19, 2017, the Indian Central Board of Excise and Customs published Notification 02/2017-Integrated Tax regarding the registration process for non-resident suppliers of online information and database access retrieval (OIDAR) services. The notification is available here. It provides that, pursuant to sub-section (2) of section 14 of the Integrated Goods and Services Tax Act, […]

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Court of Justice of the European Union: Recent VAT Decisions

The Court of Justice of the European Union (CJEU) has recently published three decisions related to VAT law: In Case C-26/16 (Santogal), a motor vehicle dealership in Portugal sold a new vehicle to an Angolan national allegedly residing in Spain, and claimed a VAT exemption on the sale under Article 138(2) of Council Directive 2006/112/EC […]

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