Much of the discussion on the Location of Risk triggering a country’s entitlement to levy insurance premium tax (IPT) and parafiscal charges focuses on the rules for different types of insurance. European Union (EU) Directive 2009/138/EC (Solvency II) set out these rules. However, a related topic of growing importance in this area concerns territoriality, i.e. the geographical scope of taxing policies and the different approaches taken by countries in Europe.

It is important to note that this topic should not lead to double taxation for policies involving EU insurers and EU risks becoming an issue as this would be in contravention of Solvency II. It is more that a lack of consistency of geographical scope application across Europe could lead to cases of insurers being unsure of whether some policies should be taxed and where this should be.

Why is territoriality important?

There are several fixed energy installations that are commonly situated offshore from a given country. Examples of these are oil rigs, gas platforms and wind farms. The current push towards renewable energy sources could see countries increase their use of wind power in particular. This could lead to an increase in fixed energy installations in future.

These types of offshore installations are expensive forms of property and there is a need for insurance to provide coverage for any damage suffered. Coverage would also typically include associated liability, business interruption, and other financial loss coverage.

What is the approach to taxing offshore insurance policies?

Based on the rules at EU level, insurance relating to offshore installations is generally interpreted as taxable in the country the property is situated. This is because they fall within the definition of being a building if they’re fixed to the seabed. This raises the question of when to consider an offshore installation as situated in a country.

In some European countries, the position is fairly clear. For example, for IPT purposes the territorial scope of the United Kingdom (UK) consists of Great Britain, Northern Ireland, and waters within 12 nautical miles of their coastline (its territorial sea). As such, insurance for installations within this territorial scope is taxable in the UK, whereas anything beyond the 12 nautical miles is not.

Some countries like Germany refer in their IPT law to the country’s exclusive economic zone (EEZ). The United Nations Convention on the Law of the Sea establishes this zone, mandating it can be no more than 200 nautical miles from a country’s coastline. Again, the taxability in these countries is simple based on an application of the limit in place.

There has been a lack of clarity in those countries where the IPT legislation does not make reference to any geographical scope. In the past insurers may have interpreted this as a country’s decision not to tax offshore risks. There are obvious concerns with this presumption if the tax authority becomes aware of insurance provided within its territorial sea or EEZ but without any tax payment. The waters are further muddied if legislation for other taxes (like VAT) refer to one of these limits as there is an argument that this limit could be extended to apply to IPT as well.

Are there any changes in the pipeline in this area?

We are aware of an ongoing court case within an EU jurisdiction on the applicability of IPT to policies covering offshore installations. It may be several years before the outcome of the case is known if it goes through the appeals procedure, potentially up to the European Court of Justice. In the meantime, insurers may consider taxing offshore policies even where the geographical limit of a country is not defined in its IPT law. This is with a view to avoiding any such dispute themselves.

Help for Location of Risk and Territoriality?

Need to discuss IPT and territoriality further? Sign up for our webinar IPT: Location of Risk and Territoriality in the EU on 8 June 2023.

What is TicketBAI?

TicketBAI is a joint project of the Provincial Treasuries and the Government of the Basque Country with the objective of implementing a series of legal and technical obligations for the taxpayers’ invoicing software.

These obligations allow the tax authorities to control their economic activities, especially those in the sector of sales of goods and provisions of services. TicketBAI is a joint project, but each region has its particularities in the implementation and sending of files.

TicketBAI is an invoicing software that follows specific standards to guarantee the integrity, conservation, traceability and inviolability of records that document the supply of goods and services. This compliant invoicing system is also called “guarantor software”.

Who is affected by TicketBAI?

The TicketBAI mandate applies to all taxpayers, whether a person or a business, that operate economically in a way which falls under the Basque Regional Treasuries regulations. However, the details of the mandate and implementation dates are unique across Bizkaia, Álava and Gipuzkoa.

What is TicketBAI in Bizkaia?

TicketBAI invoicing is one of the three elements in Bizkaia’s Batuz tax control strategy, devised with the aim of reducing tax tampering in the region.

Taxpayers subject to Batuz will be obliged to issue invoices using TicketBAI-compliant software, which must meet technical specifications and functional characteristics established by law.

Bizkaia’s TicketBAI system has particularities compared with TicketBAI in other regions of the Basque country, so understanding specific requirements in each province is crucial to ensure compliance for affected taxpayers.

What are TicketBAi invoice requirements in Bizkaia?

TicketBAI-compliant software must be able to generate the following documents:

The TicketBAI XML file that records sales operations carried out using TicketBAI software. Taxpayers must generate the TicketBAI XML file just before or as they issue the invoice.

• The issuance of the TicketBAI XML file must follow the legal format schema, i.e., the sales operation registration XML format or the cancellation XML format.
• The application of a digital signature and “chaining” of these files are required, meaning that each TicketBAI XML must identify the previously issued invoice using certain elements.

The invoice or supporting document which can be issued in either paper or electronically as per invoice requirements already established by Bizkaia regulations.

• The invoice generated by the TicketBAI software must incorporate the TicketBAI identifier (unique number code) and TicketBAI QR code using part of the digital signature of the issued TicketBAI XML.

In Bizkaia, unlike in the other Basque regions, taxpayers do not need to send the TicketBAI XML file to the tax authority. Taxpayers will send the relevant file information via the subchapter of invoices issued with guarantor software in the Ledger of Economic Operations (LROE).

How does TicketBAI affect e-invoices?

In Bizkaia, for electronic invoices for relevant transactions to be valid under TicketBAI obligations, they have to be issued by the TicketBAI invoicing software and must contain specific information. The invoices can be issued either paper or electronically in any format as per invoice requirements already established by Bizkaia regulations.

TicketBAI-compliant invoices must also include:

• QR Code (QR Code on TicketBAI Invoice not required if recipient is a business or professional person or a public Administration and e-invoice is originally issued in a non-readable format (e.g, the facturae format)
• TicketBAI ID: Unique ID called “Identificativo TicketBAI” is required on the Invoice generated by the TicketBAI software.

Which operations are subject to TicketBAI issuance rules?

TicketBAI software is required for B2G, B2B and B2C transactions. This applies to all operations considered as a supply of goods or provision of services, under Bizkaia VAT law. Any transaction not considered as such is exempt from TicketBAI requirements.

How to comply with TicketBAI invoicing in Bizkaia?

The Bizkaia government has already made the voluntary adoption of Batuz possible. Starting 1 January 2024, taxpayers will be obliged to comply.

Currently, a draft law is being discussed to postpone Batuz obligations, including TicketBAI, for:

• Small and medium-sized companies
• Micro-enterprises
• Self-employed workers
• Small-sized cooperatives
• Non-profit entities

As it is still a draft, it needs to be officially published to become effective. The draft, however, does not propose changing the go-live for large companies, which are still expected to comply starting 1 January 2024. For all other groups, a phased implementation is proposed to start on 1 July 2024 and be completed on 1 January 2026.

Taxpayers under the Batuz mandate must develop or acquire TicketBAI-compliant software. They can consult the guarantor software registry, which provides the official list of registered guarantor software.

How to comply with TicketBAI invoicing in Álava

TicketBAI’s implementation in Álava came in phases over 2022, starting with a voluntary period that commenced on 1 January. The mandate came into effect for all on 1 December 2022.

As a result, taxpayers in the province of Álava have to comply with TicketBAI invoicing. It is important to note that TicketBAI compliance does not exempt taxpayers who are also obliged to comply with SII.

To comply with TicketBAI, businesses must have software which generates XML files for each transaction it makes.

How to comply with TicketBAI invoicing in Gipuzkoa

Gipuzkoa’s implementation of its TicketBAI obligation began on 1 January 2021, starting with a voluntary period for taxpayers. The phased roll out of the mandate was made by sectors of activity and ended on 1 June 2023.

In Gipuzkoa, TicketBAI does not exempt taxpayers from their SII obligations.

As with other Bizkaia provinces, relevant taxpayers in Gipuzkoa must use software which generates XML files for transactions.

How Sovos can help with VAT compliance in Spain

Complying with TicketBAI is just one aspect of total VAT compliance in Spain. As previously mentioned in this blog, taxpayers are not exempt from the SII mandate when complying with TicketBAI so it is important to know the rules at play there.

It is also worth noting that TicketBAI is separate from the Spain e-invoicing mandates that are in place across B2G and B2B transactions.

After a very long few years, we are finally seeing the return of in-person events and experiencing steady growth, especially as summer arrives. However, the industry has adapted to the new normal by utilizing technologies to create engaging virtual experiences.

The demand for events is increasing, whether in-person or online, and companies need to understand the VAT implications.

In this webinar, our VAT experts will cover the essential points your business needs to consider when planning events:

• Applying the correct VAT to different transactions when you’re holding an event
• What are the implications if your suppliers charge you VAT?
• What are your VAT obligations when hosting an online event
• Other aspects of VAT which should be considered when organising an event

You can help drive the session by telling us which VAT exemptions you want to discuss.

Register here. 

Expertise in technology and regulatory provides stability for companies during period of uncertainty 

BOSTON – APRIL 20, 2023 – Global tax software provider, Sovos, today announced that world-renowned VAT expert, Christiaan Van Der Valk, vice president of strategy and regulatory will headline the E-Invoicing Exchange Summit Miami, April 24 – 26, 2023. His scheduled presentation, ViDA and the Global Tax Digitization Tsunami: Overcoming Business Pitfalls will be his first public presentation on the topic since the European Commission (EU) announced its plans for ViDA in December of 2022.

VAT in the Digital Age (ViDA) will change how trade within the EU is conducted and reported forever. It will require changes in approach from both a regulatory and technology perspective to remain compliant with all local laws and mandates. To help keep businesses informed of new developments and help guide them through the proposed changes, Sovos has established a ViDA HUB page that will be updated continuously as information becomes available.

As part of Sovos’ ongoing commitment to assist businesses in navigating ViDA successfully, we are working with KPMG to produce a series of video segments that address the primary issues behind ViDA, lessons learned from tax digitization pioneers in Latin America, and what companies need to be doing now to best prepare for ViDA. Participating in these segments will be Kathya Capote Peimbert, Tax Managing Director, Indirect Tax, KPMG, Vinicius Pimentel de Freitas, CTO, Inter-American Centre of Tax Administrations and Christiaan Van Der Valk. Parties interested in receiving this video content can pre-register here and will receive an alert when it is available.

“ViDA, at its core, is about Data. The ViDA proposal is an indication that governments within the EU are no longer content to receive after the fact tax filings that only provide superficial insight into aggregated data,” said Christiaan Van Der Valk, vice president of strategy and regulatory, Sovos. “By leveraging technology, tax administrations can now receive authenticated transaction data detailing every sale and purchase straight from companies’ source systems. By moving tax controls much closer to the actual business operation, tax administrations can also respond to anomalies in near-real-time. My advice? Do not wait, ViDA will be your new reality sooner than you think.”

About Sovos 

Sovos was built to solve the complexities of the digital transformation of tax, with complete, connected offerings for tax determination, continuous transaction controls, tax reporting and more. Sovos customers include half the Fortune 500, as well as businesses of every size operating in more than 70 countries. The company’s SaaS products and proprietary Sovos S1 Platform integrate with a wide variety of business applications and government compliance processes. Sovos has employees throughout the Americas and Europe and is owned by Hg and TA Associates. For more information visit www.sovos.com and follow us on LinkedIn and Twitter.

5 Questions to Ask Yourself

Note: The Finance Law for 2024 has been officially adopted and published in the Official Gazette on 30 December 2023. Our blog, France: B2B E-Invoicing Mandate Postponed, is promptly updated whenever there are changes to the rollout of the French mandate.

Tax compliance in France is already complicated. New e-invoicing and e-reporting regulations being introduced by the DGFIP will mean companies doing business in the French Republic face some of the most onerous compliance obligations of all VAT jurisdictions. 

One significant change for many businesses will be the need to use Partner Dematerialization Platforms, also known as PDPs. The role of a PDP is highly specialised. Indeed, strict legal requirements and technical specifications must be met to become a registered PDP. 

The timeline affecting all businesses is clear. However, depending on your industry, you may need to rely on a PDP to ensure you’re fully compliant with the new requirements. Key industries include: 

• Retail 
• Aerospace 
• Automotive 
• Chemicals 
• Any sector with significant supply chains 

Companies that need to use a PDP to achieve compliance with the French mandate face an additional, critical decision in what is already a complex new process to navigate. The need for a PDP raises the stakes, making it crucial to have dependable answers to the following: 

• Can my PDP support my business from the go-live date and for the long term? 
• How can I be sure my PDP meets and keeps up with all our requirements under the French mandate? 
• What else do I need to consider to find the solution best-suited to our company? 

We’ve created a rundown of key questions to consider when choosing a PDP. 

1. Can your PDP cope with the growing compliance obligations of these new e-invoicing processes?

In addition to the existing requirement for B2G invoices (Public Procurement), the French Mandate reform will require B2B invoices to be exchanged electronically. As each B2B e-invoice is progressed, its status will shift. There are 14 status possibilities that need to be communicated between trading parties. Of these 14, 4 must also be automatically reported to the tax authority platform. The result will be a huge amount of additional data flowing in multiple directions. 

Additionally, the transaction details of B2B cross-border sales and purchases – excluding non-EU imports of goods – and B2C sales and payment data for Services Sales must be reported electronically to the tax authority. 

Meeting these processing and capacity demands will be a significant undertaking for solution providers. For context, 100 million B2G e-invoices are processed annually. With the addition of B2B e-invoicing to the French mandate, this number will now be in the billions. 

Why does this matter? 

You want to be able to trust that your PDP can cope with increased capacity and processing needs as well as evolving compliance requirements. You want to set yourself up for success for France as well as to deal with the growing obligations across Europe and beyond. 

2. The only constant is change – is your PDP equipped to handle France’s e-invoicing regulations as these evolve?

The French Mandate is part of a global trend towards tax digitization. E-invoicing mandates are constantly changing, being modified and updated. 

Take Italy, for example. Since January 2019, the e-invoicing mandate has been revised over 40 times. 

The French tax authority has already released four versions of the upcoming French Mandate  specifications and these will continue to evolve. Will your chosen software solution be robust enough to handle these changes so they don’t negatively impact your business? By asking the right questions, you may find that some aspiring PDPs, who also happen to be existing e-invoicing providers, are out of their depth. 

On top of this, there’s the EU-wide VAT in the Digital Age initiative and the changes it will bring. Your future PDP must have the bandwidth and agility to keep up with the inevitability of these future developments. You will also need to consider whether this PDP can take care of your compliance needs beyond France too. 

Trust is everything. A seasoned partner with experience navigating and solutioning for diverse e-invoicing obligations is important for your business. As government interest in business data grows, it’s essential to avoid blind spots, often created by complex supply chains, across multiple countries, within and beyond the EU. You’ll need a holistic view of your data that’s broader than e-invoicing and CTCs (continuous transaction controls). Think SAF-T and the other domestic obligations you face, alongside compliance challenges like VAT determination and periodic reporting. 

If you’re also doing business beyond France, these need your attention too. 

3. Are you aware of the total impact not meeting increasingly strict compliance requirements can have?

Let’s be clear. Despite what you may have heard about France’s e-invoicing mandate, this is not more of the same. 

Yes, electronic invoice requirements used to be relatively manageable. They needed to be readable and unalterable, providing clear proof of the original supplier’s identity. 

The scheme that will be introduced with France’s mandate complicates matters, adding requirements for: 

• Consistency checks 
• Specific formats 
• Deadlines 
• Routing connectivity 

Failure to meet the exact stipulations of the reform will result in invalid invoices. 

Without legally valid invoices, not just VAT collection and VAT recovery are jeopardised: This would impact your company revenues and your trading partners, creating cash flow and profitability risks. 

Make no mistake, the commercial and reputational impact of not meeting these minimum requirements are even more significant than the potential penalties. 

4. Are you 100% confident of e-invoicing continuity?

French companies may be used to correcting e-invoice errors at a later date, but soon that will no longer be an option. The mandate ushers in continuous transaction controls, so any data or syntax errors will be glaring. If problems arise with e-invoicing, it won’t be possible to revert to paper or PDFs producing a significant cash flow risk for suppliers. E-invoices must be correct and compliant first time, every time. 

Reliance on an experienced and knowledgeable PDP for e-invoicing and associated compliance obligations doesn’t just join the dots in your data. It makes good business sense. 

5. Network size will no longer matter – is your would-be PDP saying otherwise?

For traditional e-invoicing, a large business network has been a supply chain advantage. A large network allows any one business to connect with a multitude of suppliers and buyers that choose to automate billing and invoice payments. 

However, the interoperability requirements of the upcoming mandate erode the power of network size. Every supplier and buyer will need to connect through France’s e-invoicing system (Portail public de facturation or PPF) either directly, or indirectly through a PDP. Giving you more freedom when selecting the right PDP for your business. 

While each registered PDP is required to cover both inbound and outbound invoice flows, they’re not required to cover all 36 specific use cases mentioned in the official documentation so far. Each use case needs an adapted treatment, which creates complexity that PDPs must address. 

It’s important to ask any PDP you’re considering about their plans to address these use cases and any future ones that could arise as requirements evolve. 

 Looking for a PDP you can genuinely trust to take care of the complex obligations you face due to France’s upcoming e-invoice mandate?

Our experts remain close to the requirements of the French Mandate. Especially as these evolve. Make it easy for yourself; connect with us.

Speak to us about our future-proof tax compliance solution, for the French Mandate and beyond, or download our deep dive guide on preparing for France’s mandatory continuous transaction controls.

Bizkaia is a province of Spain, and a historical territory of the Basque Country, with its own tax system. Before the approval of the Batuz strategy, the Bizkaia tax authority developed different approaches to implement a comprehensive strategy that would reduce tax fraud. The goal was to stop fraud from affecting revenue generated from economic activities.

This initiative started in the early 2010s when the authority introduced requirements for maintenance of the ledgers of economic operations for individuals with economic activities via model 140, and later by imposing the Immediate Supply of Information (SII) obligation to certain taxpayers in the region.

Batuz represents a significant advancement towards achieving an integral digitized tax control system, covering individuals and entities that carry out economic activities regardless of size. As this article outlines, the system establishes new models that facilitate compliance with fiscal obligations.

What is Batuz?

Batuz is a tax control strategy implemented by the Bizkaia government that applies to all companies and self-employed persons subject to the regulations of Bizkaia – regardless of their size and volume of operations – comprising the following requirements:

1. Compliant invoicing software (TicketBAI)
2. Ledger Reporting Economic Operations (LROE)
3. Provision of draft tax returns prepared by the tax authority

Batuz characteristics

The tax authority based Batuz on the three pillars listed above. Each one entails the following set of obligations that, together, encompass compliance:

1. TicketBAI invoicing software: Taxpayers must adjust their invoicing software to comply with specific standards to guarantee the integrity, conservation, traceability and inviolability of records that document the supply of goods and services.
   Invoices generated by TicketBAI software must carry a unique identification code and a QR code. Additionally, for every issued invoice, the software must create a record in the XML TicketBAI format schema with a digital signature to be incorporated into the LROE.
   The compliant software must be in the TicketBAI guarantor software registry. The tax administrations of Álava, Bizkaia and Gipuzkoa, in collaboration with the Basque Government, manage the TicketBAI initiative. However, each territory has their own rules and timelines for implementing TicketBAI.
2. Ledger of Economic Operations (Libro Registro de Operaciones Económicas): This is the electronic ledger comprised of six chapters in which income, expenses and invoices of the companies who carry out economic activities will be declared via model 240. Generally, the ledger must be transmitted quarterly to the Bizkaia tax authority. For companies under the SII mandate, however, the deadline is four days from operation completion. Nonetheless, the authority will consider the SII obligation as fulfilled by sending the LROE by the applicable deadline.
3. Preparation of draft VAT and income tax returns: Finally, with the information from the LROE, the Bizkaia tax authority will prepare drafts of VAT, corporate and income returns and make them available to covered taxpayers.

Batuz deadlines

Voluntary adoption has been possible since 1 January 2022, with tax incentives for those who commit to early compliance.

From 1 January 2024, Batuz will become mandatory in Bizkaia for all taxpayers in scope – meaning there will not be a phased roll-out, as is usually the case.

For more guidance on the nuances of tax in Bizkaia, speak to our experts.

The ever-changing Insurance Premium Tax rules and regulations can be challenging to keep up with, so staying on top of the latest developments in IPT compliance is key.

Join Sovos’ Edit Buliczka, Senior Regulatory Counsel, and Christopher Branch, Junior Regulatory Counsel in a webinar on regulatory analysis, where they will cover the recent updates and changes in IPT in Europe.

Register for our webinar to discover more information about:

• Hungary and extra profit tax – amounts to declare vs pay
• France and its National Agricultural Catastrophe Fund’s rate change
• Poland’s Ombudsman Charge – what does the new regime mean?

Find out more about the impact of these regulatory changes on your IPT obligations and how to ensure compliance with the latest regulations.

Register here

For more information see this overview about e-invoicing in Poland or VAT Compliance in Poland.

Northern European Jurisdictions: CTC Update

The European Commission’s VAT in the Digital Age (ViDA) proposal continues to unfold with the latest details published on 8 December 2022. As a result, many EU countries are stepping up their efforts towards digitising tax controls – including mandatory e-invoicing.

While we see different approaches to initiate this transition across Northern Europe, the trend towards continuous transaction controls (CTCs) and e-invoicing mandates has accelerated.

Germany plans for e-invoicing mandate

Recent statements indicate that Germany is taking steps towards a B2B e-invoicing mandate, however, without a centralised reporting or clearance element – at least for now. During a VAT conference on 10 March, the Federal Ministry of Finance announced that a draft paper will be published in a couple of weeks for the introduction of the e-invoicing mandate.

It is worth noting that Germany had previously requested a derogatory decision from the European Commission to implement a mandatory e-invoicing regime, as announced by the Ministry of Finance in November 2022.

Sweden edges towards mandatory B2B e-invoicing

Sweden is another country where it would not be surprising to see an e-invoicing requirement emerge. The Swedish Agency for Digital Government (DIGG) has expressed the desire to implement mandatory e-invoicing in the country.

With the Swedish Tax Agency and the Swedish Companies Registration Office, DIGG has requested the government research the conditions for mandating e-invoicing in B2B and G2B flows, which would be added to the current B2G e-invoicing mandate.

The reasoning behind this request is that if the European Commission’s ViDA proposal is adopted, it will result in mandatory e-invoicing in cross-border flows. Therefore the national system should align for efficiency purposes. DIGG does not believe that alignment will occur voluntarily, but a mandate will be necessary.

Finland supports the ViDA package

In Finland, no mandatory B2B e-invoicing mandate is in place. However, buyers can receive a structured electronic invoice from their suppliers if requested. This regulation has been in effect since April 2020 for all Finnish companies with a turnover exceeding €10,000.

Furthermore, the Finnish government recently demonstrated their support of electronic invoicing by sending a letter to Parliament outlining its benefits. The government sees electronic invoicing as a means of increasing business efficiency and combatting VAT fraud through the ViDA package.

Lithuania introduces Peppol-based e-invoicing platform

Lithuania is laying the groundwork for the broader use of e-invoices. It has announced plans to build a technological solution that complies with the European standard for the transmission of electronic invoices.

The platform is expected to be available free of charge to businesses for at least five years and should be ready by September 2023. Additionally, the platform will meet Peppol Network requirements and comply with Peppol BIS 3.0.

Denmark enables automated e-invoicing via e-bookkeeping systems

Denmark has also been working on digitizing the business processes by implementing a new bookkeeping law. The Danish Business Authority has initiated implementing the Bookkeeping Act’s digital bookkeeping provisions by adopting draft executive orders for standard digital bookkeeping systems and their registration.

As a result, providers of standard digital bookkeeping systems must adapt their systems to the new requirements by 31 October 2023 at the latest. The new provisions stipulate that traditional digital bookkeeping systems must support the automatic sending and receiving of e-invoices in OIOUBL and PEPPOL BIS format.

While Denmark has not announced the final dates, it expects taxpayers to adhere to the digital bookkeeping rules between 2024 and 2026.

Speak to a member of our team if you have further questions about e-invoicing.

Update: 4 October 2022 by Enis Gencer

Northern Europe Continuous Transaction Controls Update

The recent EU Commission report on the VAT in the Digital Age Initiative indicates that continuous transaction controls (CTCs) will become more prevalent across Europe. The final report suggests introducing an EU-wide CTC e-invoicing system covering both intra-EU and domestic transactions as the best policy option. While Eastern European countries have been at the forefront of local implementations, acting swiftly and introducing CTCs, it’s also worth keeping an eye on some of the developments in Northern Europe.

Germany

Following the 2021 national elections, the new coalition government in Germany  identified  VAT fraud as a policy question. It announced its intention to introduce a nationwide electronic reporting system as soon as possible, which will be used for the creation, checking, and forwarding of invoices. Although there are no details about the nature of the system, discussions are ongoing with stakeholders from the private sector, mainly focusing on the implementation timeline and the government’s role in such a system.

B2G e-invoicing has been mandatory for invoices issued to the federal administration since 2020. The scope was expanded from 1 January 2022 to include state-owned authorities in Baden-Wurttemberg, Hamburg, and Saarland, with the next states joining in 2023 and 2024. Moreover, the IT Planning Council, the Central Body for the digitization of administration in Germany, issued the decision 2022/31  advising all contracting authorities to accept electronic invoices via the PEPPOL network by 1 October 2023 to connect the entire public area in a uniform manner.

Denmark

Denmark is also aiming to introduce new requirements to digitize the business processes of Danish companies. On 19 May 2022, the Danish Parliament passed a new accounting law requiring taxpayers to make their bookings electronically using a digital accounting system. The mandate will take effect gradually between 2024 and 2026, depending on the company’s form and turnover.

While the new accounting law doesn’t introduce any mandatory e-invoicing or CTC obligations, it is envisaged that the digital accounting systems must support continuous registration of the company’s transactions and the automation of administrative processes, including automatic transmission and receipt of e-invoices. The Ministry of Finance has been authorised to adopt rules requiring companies to register purchase and sales transactions with electronic invoices as the documentation of the transactions, which in practice would amount to an e-invoicing mandate.

The Danish Business Authority, Erhvervsstyrelsen, has prepared drafts for three executive orders concerning the new digital bookkeeping requirements. According to draft regulations, digital accounting systems are required to support the automatic sending and receiving of e-invoices in OIOUBL and PEPPOL BIS format. These systems must be able to share the company’s accounting data by generating a standard file, which is the Danish SAF-T Standard recently published by Erhvervsstyrelsen.

The draft regulations will be available for public consultation until 27 October and the requirements are expected to enter into force on 1 January 2023. There will be a conversion period until 1 October 2023 for digital accounting systems to comply with the requirements.

Sweden

Sweden is another country looking at introducing digital reporting requirements. The Swedish Tax Administration, Skatteverket, is considering different ways to ensure the correct collection of VAT while obtaining useful economic data from businesses. The project is still at an early phase, and while such requirements could mean introducing Standard Tax Audit File (SAF-T) requirements or a type of CTC, e-reporting, or e-invoicing, the tax authorities would still strive to implement a smooth system for businesses.

Latvia

The Latvian Ministry of Finance has been working on digitizing invoicing processes for a while. They conducted a public consultation and took into consideration opinions of companies and non-governmental organizations to find out the readiness to start using e-invoices in Latvia.

As a result, the Ministry of Finance prepared a report discussing the current situation and the implementation of e-invoices, and possible technological solutions. The report focuses on different e-invoicing systems, such as post-audit e-invoicing, centralised e-invoicing, and decentralised e-invoicing, comparing the advantages and disadvantages of such systems.

The report favours the PEPPOL BIS standard for the introduction of mandatory e-invoicing in B2B and B2G transactions and proposes the use of e-invoices must be defined as an obligation in Latvian regulations, setting a mandatory requirement for the use of e-invoices to start no later than 2025.

The Latvian government approved the report, and the necessary regulatory acts, hence implementation of technological solutions are expected to take shape in due course.

What’s next?

It’s clear that CTC initiatives are becoming increasingly popular among governments and tax authorities in Europe, with the Northern European countries starting to follow this trend, even if they seem to be acting more cautiously. It will be very interesting to see how and when these CTC projects take shape and be affected by the upcoming results from the EU Commission on the VAT in the Digital Age project.

Take Action

Need help with e-invoicing requirements? Get in touch with our tax experts.

Update: 3 May 2024 by Dilara İnal

Israel Postpones CTC Rollout

The Israeli Tax Authority (ITA) has postponed the rollout of the continuous transactions controls (CTC) mandate.

The deduction of input tax is allowed with this second postponement, even in the absence of an allocation number, until 4 May 2024. The previous cut-off date was 31 March.

Starting 5 May 2024, businesses engaged in B2B transactions exceeding 25,000 NIS (approx. EUR 6,500) are required to obtain an allocation number assigned by the ITA.

Contact our expert team for more information on Israel’s CTC changes.

Update: 2 November 2023 by Dilara İnal

Israel Extends CTC Implementation Timeline

On 23 October 2023, the Israeli Tax Authority (ITA) announced that it had extended the continuous transaction controls (CTC) implementation timeline to offer businesses more time to complete their technological development. According to the announcement, the ITA will allow the deduction of input tax from a tax invoice, even in the absence of an allocation number, until 31 March 2024.

The new Israeli invoicing framework will require businesses engaged in B2B transactions that exceed a specific threshold to obtain an allocation number. The first phase starts on 1 January 2024 for invoices exceeding 25,000 NIS. Businesses must ensure that their invoices include the allocation number to be eligible for input VAT deduction as of this date. In light of this recent announcement, buyers will receive an additional three-month period to comply.

It is important to emphasise that although the ITA has extended the time for input tax deductions, the clearance platform will be fully operational as originally planned from 1 January 2024. From this date, invoice issuers who will request allocation numbers will receive them.

Looking for more information on Israel’s invoicing developments? Find out more.

Update: 6 July 2023 by Enis Gencer

Israel Announces CTC Implementation Timeline and Guidelines

The Israel Tax Authority has released a set of guidelines encompassing technical details and other relevant information regarding the implementation of the Israeli Invoice model.

The guidelines state the new model will be a phased implementation that begins with a pilot program in 2024. A key objective of this new model is to address and mitigate the long-standing issue of fictitious invoices in Israel.

Israel invoicing model

Under the newly introduced Israeli Invoice model, taxpayers involved in B2B transactions which exceed a specific threshold will be required to obtain an invoice number. This will be done by contacting the designated tax authority service via APIs and sending the invoice information prescribed by the tax authority.

The guidelines define the set of information that must be reported to the tax authority, including:

• Invoice ID
• VAT number
• Invoice date
• Invoice amount
• Accounting software number

Once acquired, the invoice number must be included on the tax invoice. Without this number, taxpayers will not be eligible to deduct input VAT. It is important to note that the tax authority reserves the right to not assign the invoice number if there is reasonable suspicion of any legal inconsistencies concerning the invoice.

Buyers can use the invoice number to access invoice details through the tax authority service. This feature is designed to optimise the process of incorporating the invoice into the taxpayer’s accounting system.

Implementation phases

The Israeli Invoice model will be a phased implementation, beginning with a pilot program in January 2024 for invoices exceeding 25,000 NIS (approximately 6,500 euros). During this phase, the tax authority can only reject the request for invoice numbers in cases of technical errors.

As implementation progresses, the threshold will be gradually reduced as follows:

• 2025: The threshold will be reduced to 20,000 NIS (appx. 5200 euros) pre-VAT. Note that the Finance Committee may extend the pilot program through 2025.
• 2026: The threshold will further decrease to 15,000 NIS (appx. 3900 euros) pre-VAT.
• 2027: The threshold will be 10,000 NIS (appx. 2600 euros) pre-VAT.
• 2028: The threshold will be set at 5,000 NIS (appx. 1300 euros) pre-VAT.

Israel is quickly taking steps towards the introducton of its invoicing system by publishing technical details and its implementation timeline soon after introducing the system formally in February 2023. Taxpayers should now prepare their systems according to the legal and technical guidelines that the tax authority has recently published.

Looking for more information on Israel’s upcoming regulations? Contact our team of experts.

Israel: Progress on Implementing Continuous Transaction Controls (CTCs)

Update: 26 May by Enis Gencer

More details have emerged regarding the implementation of the continuous transaction control (CTC) model in Israel, which was announced to be introduced in the country in February 2023.

As we reported earlier, Israel’s government approved the 2023-2024 budget on 24 February 2023, setting the stage for the adoption of the CTC model. Since then, the proposal has gone through the standard legislative process and it has recently received approval from the Finance Committee, with some modifications.

New scope and timeline of CTC system

According to the latest announcement, the modified plan introduces a CTC e-invoice clearance model for invoices exceeding NIS 25,000 (approximately 6,500 Euros) in business-to-business (B2B) transactions. Under this model, invoices must be issued through the tax authority’s system and obtain real-time approval. Taxpayers will not be allowed to use unvalidated invoices for deducting input tax.

The implementation of the CTC e-invoicing model is scheduled to start in January 2024, and by 2028, the threshold will be reduced to NIS 5,000, thus covering smaller amount transactions.

Despite the short implementation timeline, it is important that the authorities publish regulatory and technical specifications in time for taxpayers to prepare their invoicing systems to fully comply with the new requirements by January 2024.

Find more information about Israel’s current e-invoicing system here.

Update: 14 March 2023 by Enis Gencer

Israel Closer to Introducing Continuous Transaction Control (CTC) in Tax System

Israel’s government approved the 2023-2024 budget on 24 February 2023 to introduce a continuous transaction control (CTC) model in its tax system.

This long-awaited move will have significant implications for businesses operating within the country. It is essential to know the changes that may impact your company.

Proposal for e-invoice clearance model

The new plan, prepared by the Ministry of Finance and approved by the government, envisages an e-invoice clearance model for invoices over NIS 5,000 (appx. 1300 Euros) issued between businesses. Under this model, invoices must be issued through a tax authority system and receive real-time approval.

The tax authority system will issue a unique number as proof of clearance for each invoice, which businesses can then use to deduct input VAT. The government has also proposed that the tax authority be entitled to refuse a request to assign a number and not clear the invoice if there is a reasonable doubt that the invoice is not issued legally.

While this plan is an exciting development, it is only the beginning of a long journey towards implementing a CTC model. The above proposal is currently only outlined in a budget document, which will be subject to further readings and approvals before the government can implement it.

Additionally, an amendment to VAT Law and the publication of technical details will be necessary to make it legally and technically enforceable.

For further information on the digitization of tax in Israel, speak to a member of our team.

Update: 9 April 2020 by Joanna Hysi

Israel on the Road to Continuous Transaction Controls (CTCs)

With the long-lasting problem of fictitious invoices in Israel, a move towards some form of mandatory e-invoice clearance might be the answer. After having been withdrawn once due to failing support, the idea of a continuous transaction control (CTC) model is being revived by the Israeli tax authority. The proposed model, similar to Chile’s e-invoicing system (clearance), would include a direct connection between the tax authority and businesses in real time for each transaction. The proposal, which is currently being reviewed with interested stakeholders, will be presented to the Knesset Finance Committee, with the hope of promoting legislation for implementing the planned reform measures as soon as a new government is formed.

Subject to final adoption in law, the core points of the reform are:

• B2B Invoices over NIS 5,000 must be reported in real-time to and approved by the tax authority.
• The reporting will occur through an accounting software or a government web portal.
• Information required to be reported includes the date of the transaction, invoice number, business numbers of the transacting parties and the amount of the invoice, excluding VAT.
• An authentication by the buyer of the invoice on the government portal is envisaged.
• Pre-population of the VAT return is also envisaged.

It’s an interesting observation that for years Israel appeared to be heading towards the EU approach of a post-audit system, yet recently they seem to have pivoted and be heading towards the more Latin American style of continuous transaction controls.

Either way, the Israeli tax authorities are now taking firm measures to combat VAT fraud, as to whether they go for a model similar to Chile, or something close to home in India or Turkey, we will have to wait and see.

Note: The Finance Law for 2024 has been officially adopted and published in the Official Gazette on 30 December 2023. Our blog, France: B2B E-Invoicing Mandate Postponed, is promptly updated whenever there are changes to the rollout of the French mandate.

France will implement a mandatory B2B e-invoicing and an e-reporting obligation. Every company operating in France is affected. 

Electronic invoicing in France requires using a (partner) dematerialization platform. The already enacted legislation leaves the choice of which platform up to companies. 

Should you use the public platform (‘PPF – Portail Public de Facturation’, i.e. Public Invoicing Portal) or a third-party private platform (‘PDP – Plateforme de Dématérialisation Partenaire’, i.e. Partner Dematerialization Platform)? And which organisation registered as a PDP should you opt for? 

There is a lot to consider – including the type of invoices, data management, customer/supplier relations, transmission, functionalities, and more – this blog will help you make a decision. 

The electronic invoicing process includes formatting, controlling, reporting, routing tracking, transactions, whether between trading parties (domestic B2B e-invoices) or with the PPF (domestic B2B e-invoices, cross-border B2B sales and purchases, B2C sales, payments received on services). In this respect, PDPs are essential. 

French legislation allows companies to choose their dematerialization platform for submitting and/or receiving domestic B2B invoices and reporting transactions.  A public solution exists, the PPF, alongside which other PDPs position themselves. 

What parameters should you consider when choosing a dematerialization platform? What are the conditions for becoming a PDP and when will they be operational? 

This blog discusses the elements that enable companies to understand the role of dematerialization platforms in managing electronic invoicing. If you wonder how to choose the right PDP for your organization, read this blog about Choosing the right PDP – 5 Questions to ask Yourself. 

1. Understanding the role of dematerialization platforms

The need to use a dematerialization platform is part of the electronic invoicing requirements, which come into force for business-to-business (B2B) transactions with go-live of the mandate. 

Electronic invoicing in France: who is affected? 

• Mandatory electronic invoicing requirements are being implemented progressively according to company size.  
• They also entail the need to exchange B2B invoices via a platform. The public platform PPF and PDP will allow these exchanges.
• October 2023: draft of new Finance Law for 2024 with details of changes, including any revisions to the timeline for when each category of company will be in scope 
• End of 2023: new Finance Law for 2024 formally enacted by French Parliament  
• From April onward 2024: Initial list of officially registered PDPs published  
• 2025: Pilot phase ongoing during most of the year 

• Early September 2026: first phase of mandate go-live expected  

• Inbound e-invoicing INBOUND for all companies. Outbound e-invoicingOUTBOUND (+ e-reporting) for Large & Mid-Size businesses Caps 

• September 2027: second phase of mandate 

•  Outbound e-invoicing OUTBOUND (+e-reporting) for any other companies 

2. PDPs and electronic invoice formats

An electronic invoice must be delivered in a structured format, leaving it to the trading parties and their PDPs to agree on the standard. By default, PDPs must be able to process the three core set formats, UBL, CII, or UNCEFACT, with the obligation for the platforms to produce a legible version of each invoice, or Factur-X hybrid format (XML+PDF/A-3). 

PDPs may also offer to process any other structured formats (e.g. EDI formats such as EDIFACT), subject to acceptance by both the buyer and the seller. In both cases, PDPs will have to extract mandatory data from the issued e-invoice and map it into one of the core set formats – and then report them to the PPF within 24 hours of the e-invoice issuance. 

The corresponding flows can be exchanged under various communication protocols (EDI, API, etc.) 

3. Public platform or PDP?

Using a PDP isn’t mandatory from a legal point of view. However, using a PDP will be necessary for companies who want to exchange invoices in specific formats due to the specificities of the invoice flow (not supported by the PPF). 

The role of the public platform 

The PPF will be used for the obligatory transmission of invoice data to the tax authorities. 

It will manage the following for companies: 

• Submission of invoices (in simple PDF format). 
• Invoice entry to the portal. 
• Invoice conversion into one of the three formats (CII, UBL, or Factur-X). 
• Invoice availability to recipients. 

The PPF performs other functions including management of the Central Directory (in which any registered company subject to VAT will be identified), data collection and transmission to the tax authorities, and retention of e-invoices. 

The advantages of Partner Dematerialization Platforms (PDPs) 

Like the PPF, a Partner Dematerialization Platform (PDP) ensures the submission of invoices and conversion into one of the three core-set formats – CII, UBL or Factur-X. 

But, contrary to the PPF, they will allow the exchange of invoices in any EDI format (other than the three core-set formats). 

The PDPs will allow the following: 

• The creation and control of invoices (in terms of tax and accounting compliance) and their validation (technical and consistency). 
• Sending invoices from suppliers to buyers/recipients and thus transmitting invoices regardless of the platform chosen by the recipients. 
• Receiving invoices sent by other platforms and making these invoices available to users 
• Processing the four invoice lifecycle statuses (deposit, rejection, refusal, and cashed). 
• Transmitting invoice data, transactions and payments to the public platform. 

In addition to these mandatory functionalities, they may also offer the following: 

• Archiving tools in a digital vault with various functionalities, centralization, and collection. 
• As well as the PPF, the PDPs must process non-mandatory lifecycle invoice statuses such as notifications of delays, reminders, split payments, and so on. 
• Specific business applications like presence/consistency controls of business data and approval workflow. 

4. Conditions to become a PDP

A PDP is a platform registered and authorised by the French tax authorities. The official registration number will be issued based on an application file submitted by an operator. This file will have to document how the regulation requirements (decree and order published in October 2022) are met, particularly the ability to perform the functions expected of a PDP. These requirements are meant to be slightly revisited with a new decree/order to be published beginning of 2024 (more precisely, with the removal of connectivity tests with TA Platform as a PDP Registration Criteria) 

In addition to the guarantee provided by this registration (mainly from the point of view of compliance with stringent security rules), what distinguishes a registered platform from a simple dematerialization operator is the possibility of transmitting invoices to other dematerialization platforms (PPF or other PDPs). 

This registration is valid for three years and then must be renewed, based on audits to be regularly provided by the PDPs (first audit to be conducted no later than 12 months after the registration entering into force). 

The first certified PDPs should be announced in the beginning of 2024 and will be published on the tax authority’s website.  

Find out how Sovos can help you comply with e-invoicing regulations by speaking with one of our experts. 

It’s essential to stay on top of your company’s VAT requirements. This requires sound knowledge of the rules and what authorities expect of businesses. This includes dealing with supplies of goods and services outside standard VAT obligations.

Not every product or service incurs VAT. This is VAT exemption.

VAT exempt supplies of goods and services – what are they?

Some goods and services are exempt from VAT. This depends on the sector and country you are selling within.

For more information on how to comply with European VAT, download our free eBook or read our comprehensive guide to the EU VAT e-commerce package.

If a supply is exempt from VAT, it may be because the EU considers the goods or services as essential. VAT exempt supplies include:

• Education and training
• Insurance, finance and credit
• Fundraising events by charities
• Medical treatments provided by hospitals
• Subscriptions to membership organisations
• Selling, leasing and letting of commercial land and buildings — though authorities can waive this exemption

VAT exempt businesses

If your company only sells VAT exempt products or services, your business operates differently. It is a VAT exempt business and:

• Cannot register for VAT
• Does not need to keep VAT records
• Does not need to submit VAT Returns
• Cannot account for VAT on supplies
• Cannot reclaim VAT on any business expenses – even if you purchase taxable items and pay VAT

For example, if a company solely provides education and training services in the UK, the government would consider it an exempt business. The above rules would apply.

Partly exempt businesses

In some circumstances, a business might be partially exempt from VAT. Partial VAT exemption applies to VAT-registered companies that carry out both taxable and VAT exempt supplies of goods or services.

If your business is partially exempt from VAT, you can still reclaim any VAT incurred when producing or acquiring non-VAT exempt goods or services you sell to customers.

Additionally, partially exempt businesses need to keep separate records. These records should cover VAT-exempt sales and provide details on how VAT was calculated for reclamations.

What is the difference between VAT exemption and 0% VAT?

VAT exemption is not the same as 0% VAT. No extra charges are added to the original sales price for either zero-rated or VAT-exempt supplies, but there are a few significant differences.

Unlike VAT-exempt supplies, zero-rated goods and services are part of your taxable turnover. Zero-rated supplies should be recorded in your VAT accounts – whereas, in some countries, businesses might only record non-taxable sales in regular company accounts.

Furthermore, in contrast to VAT exemption, you can reclaim the VAT on any purchases for zero-rated goods or services.

VAT rates on different goods and services

VAT rates and exemptions vary across the world, so we will use the UK as an example to illustrate the concept.

In the UK, most goods and services are subject to a standard VAT rate of 20%. However, some are subject to a reduced VAT rate of 5% or 0%.

Goods and supplies with a VAT rate of 5% include:

• Children’s car seats
• Mobility aids for the elderly
• Electricity for domestic/residential use
• Smoking cessation products (nicotine patches and gum)

Goods and supplies with a VAT rate of 0% include:

• Books
• Children’s clothes
• Water supplied to households
• Aircraft repair and maintenance

VAT rates conditions

These reduced rates may only apply to certain conditions, or in particular circumstances depending on the following:

• Where a company provides the goods or services
• How a company presents the goods or services for sale
• Who’s providing or buying the goods or services
• The precise nature of the goods or services
• Whether a company keeps the correct records
• Whether a company obtains the appropriate evidence
• Whether a company also provides other goods or services

International trade

Continuing with our UK example, if you sell, send or transfer goods out of the UK, UK VAT is often not included as they are considered an export.

You can send most exports to a destination outside the UK with a zero rating if you meet the necessary conditions:

• Your company has proof (either official or commercial) it is entitled to a zero rating
• Your company has supplementary evidence (e.g. customer’s order and inter-company correspondence)
• Your company physically exports the goods from the UK within three months of the sale

VAT exemptions are always changing. Don’t get caught out. Contact our team for advice on how your business should manage its VAT obligations if it is exempt from VAT.

The EU Commission’s VAT in the Digital Age proposals include a single VAT registration to ease cross-border trade.

Due to enter into force on 1 July 2028 (1 January  2027 for electricity, gas, heating and cooling), the proposal is part of the commission’s initiative to modernise VAT in the EU. The single VAT registration proposal would mean only registering for VAT once across the EU under a wider number of in-scope transactions, reducing VAT administration costs and time.

B2C implications of the single VAT registration

The One Stop Shop (OSS) is a pan-EU single VAT registration. While optional, it can be used to report and pay the VAT due on Business to Consumer (B2C) distance sales of goods and B2C intra-community supplies of services in all EU Member States.

The scheme has been well-received and implemented by many companies. There are discussions of broadening the scheme to further simplify VAT in the region.

To further modernise the EU VAT system, the Commission has proposed an expansion of the OSS scheme for e-commerce to include:

• B2C domestic sales of goods in EU Member States
• B2C installation or assembly supplies of goods on board ships, aircraft or trains
• B2C supply of gas, electricity, heating and cooling
• B2C supplies of second-hand goods supplied under the margin schemes, works of art, collector’s items and antiques
• Intra-EU movement of own goods, assuming that the final customers will be a private individual

Implications for online platforms selling into the EU

Despite rumours of altering the Import One Stop Shop (IOSS) threshold, the current EUR 150 consignment threshold for imported B2C sales will remain  for the foreseeable future. The scheme will also stay optional for businesses.

B2B implications of the single VAT registration

Regarding Business to Business (B2B) supplies, the EU Commission wants to harmonise the application of the extended reverse charge in article 194 of the EU VAT Directive. When implemented in the EU Member State, it applies to non-resident suppliers and reduces their obligation to register in a foreign country for VAT purposes.

Currently, some of the 27 EU Member States have implemented the article mentioned above – and not all in the same way.

Introduction of the new mandatory B2B reverse charge will be for certain sales of goods and services if transactions meet the following conditions:

• The supplier is not established or registered through an individual VAT number in the Member State in which the VAT is due
• The purchaser/recipient is VAT registered in the EU Member State in which the VAT is due. However, even if the customer is not VAT registered in the Member State where the VAT is due, Member States will have the option to require the customer to operate reverse charge VAT on that supply
• Margin scheme supplies and works of art are excluded.

Although the reverse charge mechanism will be mandatory in certain cases, Member States can choose to apply it universally for non-established taxable persons.

Finally, the EU will abolish provisions in the VAT Directive regarding call-off stock arrangements from  1 July 2028. Beyond this date, new stock transfers under those arrangements cannot be affected as the simplification will not be needed.

However, goods supplied under pre-existing arrangements can continue with the regime until 30 June 2029.

Are you equipped to tackle ever-evolving regulations?

Get in touch for expert help with easing your business’s VAT compliance burden, reviewing your Tax Code mapping and verifying how you can improve your cash flow. If you want to learn more about VAT in the Digital Age have a look at What is VAT in the Digital Age? ebook or at this blog about the platform economy and VAT in the Digital Age.

In the past year, the Greek tax authority published a series of legislative acts introducing new requirements (the QR code and prefilling of VAT returns) and amending existing ones. It’s been more than three years since the rollout of myDATA as a voluntary scheme, but the system is far from complete.

myDATA is a broad and multi-faceted project covering multiple areas of compliance, ranging from e-invoicing to e-accounting and e-bookkeeping. The system, being quite complex, is still largely under development, technically and legislatively, and prescribed deadlines keep receiving push-back from businesses not ready to comply in time.

myDATA Deadlines Postponed

In response to continuous feedback from businesses and accountants the tax authority more than once has relaxed requirements, offered grace periods and imposed no associated penalties so far (except certain petty fines for 2021 related to recapitulative statements).

One of the latest amendments is the second postponement of transmission deadlines for certain, mainly historical, data which ought to have been reported in the past two years. The Ministry of Finance jointly announced a press release with the head of the IAPR and published a Decision amending the myDATA law (L. 1138/2020). The deadlines for transmitting certain data generated in 2021, 2022 and 2023 are postponed, giving businesses more time to collect and transmit data according to the myDATA specifications.

myDATA reporting deadlines 2023

For 2023, the obligations pertain to the transmission of historical data which took place in the last two years. Current data generated in 2023 may be transmitted within certain deadlines in 2024.

1. Revenue, self-billing expenses, and proof of expenditure which took place in 2022: transmission must be by 31 March 2023
2. Expenses and self-billing revenue which took place in 2022: transmission must be by 31 October 2023.
3. Omissions (the obligation of the receiver to transmit the data that the issuer failed to transmit) and discrepancies (the obligation of the receiver to send discrepancies when the issuer sent incorrect data) which took place in 2022: transmission by the recipient must be by 30 November 2023
4. Omissions and discrepancies which took place in 2021: transmission must be by 2 May 2023.
5. Accounting (adjustment) entries for revenue and expense which took place in 2022: transmission must be by 31 December2023
6. Retail FIM (electronic cash mechanisms) income via ERP or myDATA’s Special Registration Form: transmission must be by 31 October 2023. From 1 February 2023 transmission of data must be directly through FIM.

myDATA reporting deadlines 2024

For 2024, the obligation pertains to upcoming data which take place in 2024. Current data generated in 2023 may be transmitted within certain deadlines in 2024.

1. As of 1 January 2024: obligation for entities to transmit all the data in scope of myDATA which took place in 2024 in the standard deadlines as outlined in the myDATA Law
2. Revenue which took place in 2023: reported by 28 February 2024
3. Expense data, self-billing revenue which took place in 2023: transmitted by 31 March 2024
4. Omissions and discrepancies which took place in 2023: transmitted by the recipient can be by 30 April 2024
5. Accounting (adjustment) entries for revenue and expense which took place in 2023: reported by 30 June 2024 (the deadline for filling annual income return)

myDATA next steps

The tax authority’s intention with these changes is to provide more time for businesses who haven’t complied with the previous transmission deadlines to report the required data to myDATA. However, starting from January 2024 the tax authority is expecting businesses to comply with the required deadlines without providing a grace period, at least as of yet.

Certain major aspects of the myDATA system have been the center of much discussion among businesses, accountants and the authorities. This includes mandatory reporting of expense data and any penalties relating to 2022 and onwards which are currently left unregulated. However, the tax authority has announced that a decision regarding the penalties will be published in the next months.

Have questions about Greece’s myDATA requirements? Speak to our tax experts

Did you know? Over 170 countries worldwide have implemented VAT or GST.

Despite how common VAT is, the tax is difficult at the best of times to understand. Knowing who pays VAT – the buyer or the seller – is straightforward, though, if you take the time to learn about the tax or have help.

That’s why we share plenty of knowledge on the topic, from an in-depth introduction to EU VAT to how VAT changes when trading between different EU countries.

With this specific blog, we explain who collects VAT and what governments expect of businesses. For questions around the EU VAT eCommerce package read this comprehensive guide.

How VAT works – a quick explanation

Let’s start with the burning question, what is VAT?

VAT is a tax collected as goods and services move through a supply chain. In other words, manufacturers, distributors and retailers collect VAT as an item or service makes its way to a final consumer.

But wait. What’s GST?

Similar to VAT, GST sees tax authorities levy GST (Goods and Services Tax) on goods and services sold for domestic consumption. Consumers pay GST, and businesses remit it to the government.

Both GST and VAT share characteristics but have different names. How they work depends on the country and local legislation. For example, the EU has specific VAT compliance requirements as our free guide outlines.

Who pays VAT, the buyer or seller?

Let’s start with a seller. Sellers collect VAT by adding the tax to the selling price.

The VAT charged by the seller is ‘output tax’. Sellers report this to the local tax authority on behalf of the buyer. The VAT paid by the buyer is ‘input tax’. The buyer can credit this against the VAT they charge.

Yes, we know this sounds complicated so here’s the concept in simpler terms.

• Both buyers and sellers can collect VAT
• If you are in a supply chain, you collect the tax on behalf of the government
• Essentially, any collected VAT is not yours to spend – your business is essentially a custodian
• The consumer at the end of the supply chain is who ultimately pays the tax

In certain scenarios, VAT can be instead reported and remitted by the buyer. This is a ‘reverse charge’.

You are an eCommerce business? Read more about VAT compliance for eCommerce here.

Differences between Sales Tax and VAT

The main differences between Sales Tax and VAT are who pays tax to the local governments and when.

VAT and Sales Tax occur at different stages in the production chain. As a tax authority, you levy Sales Tax on retail purchases of goods or services. You impose VAT on each step of the production process.

The challenge with Sales Tax is that tax authorities have no record of transactions to verify retailers’ tax payments. However, with VAT, the chain of transactions and credits creates a natural audit trail due to the cross-reporting between businesses.

The government can issue fines if tax authorities detect errors through an audit.

How does VAT work?

Usually, VAT is charged at the same flat rate across the board. This is set by a national government. However, other rates – such as a zero rate – can apply to specific supplies like children’s clothes and food.

Supplies such as financial and property transactions can also be exempt from VAT – in which case, no VAT is chargeable, nor can the related VAT be recovered by businesses.

The seller should issue a valid VAT invoice containing the following:

• Invoice number
• Date
• VAT number
• Addresses of both the buyer and seller
• Price with the VAT stated separately

Local legislation defines whether additional information is required. Simplified and retailer invoices are allowed in some circumstances.

VAT encourages everyone in the production chain to maintain documentation for all transactions, making each subject accountable for their amount of revenue and compliance with tax laws.

This becomes particularly important when a business wants to reclaim VAT, as they will be required to produce evidence that the tax was incurred in the first place.

Responsibilities as a VAT registered business

Businesses will document and report the VAT paid to their suppliers and the VAT collected on their sales. To claim a VAT credit, businesses must keep proof of the VAT incurred, such as purchase invoices and import documents.

Not all businesses may need to register for VAT. Some circumstances may trigger a VAT registration. These include:

• The presence of a permanent establishment in a certain country
• Exceeding registration thresholds
• Specific activities like importing goods into a country

In certain circumstances, it’s possible to register for VAT voluntarily, with the main benefit being the ability to recover the input VAT incurred on purchases.

Registered businesses file periodic VAT returns in respect of each prescribed accounting period. The format and frequency may vary from country to country.

Registered businesses also keep VAT records, charge the right amount of VAT to their supplies, submit VAT returns, and pay any VAT due in a timely manner.

What triggers the tax administration requirement?

There are specific triggers that could prompt queries from the tax office. Usually, these are changes in the company’s status – such as a new registration, a de-registration, or structural changes. VAT refund requests also fall into this category.

Due to their structure and business model, certain businesses are naturally subject to audits. Groups commonly selected for scrutiny include large companies, exporters, retailers, and dealers in high-volume goods.

Tax authorities, especially those trading with the European Union, often identify individual taxpayers based on past compliance and how their information compares with specific risk parameters.

Therefore, unusual trading patterns, discrepancies between input and output VAT reported, and many refund requests may appear unusual from the tax office and produce questions.

Finally, another common reason for the tax authorities to request further information from taxpayers is the so-called “cross-check of activities”. In this case, the tax office will contact their counterparts to verify that the information provided is consistent on both sides.

Whether a business decides to handle the audit in-house or request the support of an external advisor, it is essential to consider the consequences of the audit – especially if high amounts of recoverable VAT are at stake. In the case of an audit, the main objective should be a successful and fast resolution to limit any detrimental impact on the business.

Our explanation about who pays VAT, the buyer or the seller, has explained things but do ask our experienced team any extra questions you might have. They are here to help.

Frequently Asked Questions

Is VAT paid by the seller or buyer?

A seller collects VAT from sales and reports it to the local tax authority on behalf of the buyer. A buyer may also end up charging VAT if it is selling its own goods or services.

Does the buyer pay VAT?

Yes, a buyer pays VAT to sellers and if a buyer sells goods or services to its own customer base and meets the threshold for VAT registration, it will charge VAT itself and pay this to the government.

Do sellers pay VAT?

Sellers do pay VAT, as it’s a consumption tax involved in every step of the supply chain.

Who pays VAT, the buyer or seller in the UK?

This depends on the transaction, where the buyer or seller sits in the transaction supply chain, and whether the goods are exempt from VAT.

What is the difference between Sales Tax and VAT?

Sales Tax is different to VAT. The consumer only pays Sales Tax when buying the final product, whereas businesses collect VAT at every stage of production – meaning all purchasers pay VAT.

Do you need help with VAT?

Speak to our sales team to find the right solution for you or take a look at our VAT solutions.

Following the publication of various circulars by the Federal Ministry of Finance in Germany in 2021, rules on the taxation of guarantee commitments were made effective 1 January 2023. This blog explains how this affects insurers and other suppliers.

Scope of the rules for guarantee commitments

The Ministry of Finance published its initial circular in May 2021. This was in response to a Federal Fiscal Court judgment. It concerned a seller of motor vehicles providing a guarantee to buyers beyond the vehicle’s warranty.

In these circumstances, the circular confirmed that the guarantee is not an ancillary service to vehicle delivery but is deemed to be an insurance benefit. As such, it would attract IPT instead of VAT – unless the guarantee is considered a full maintenance contract.

The circular did not prompt immediate concern within the insurance sector. Markets outside the motor vehicle industry weren’t concerned either. The presumption was that it was limited to the specific context of the motor vehicle industry.

Matters changed the following month. The Ministry of Finance clarified that the tax principles it outlined in fact applied to all industries. As a result, the scope of these rules became potentially limitless in Germany. All guarantees provided as additional products to goods or services sold are now within the scope of the application of IPT.

The clarification could impact industries like those organisations selling electrical items and household appliances.

Effect on insurers and other suppliers

The effect on traditional insurance companies should be relatively limited as they do not usually provide guarantees as part of the sales of goods and services. There could arguably be a significant impact on other suppliers that do provide such guarantees.

First and foremost, there is a potential increase in the cost of providing the guarantees caused by the application of IPT. Unlike input VAT, a supplier cannot deduct IPT from its taxable income – it must either increase prices to compensate or accept a less favourable profit margin.

Any companies that purchase the guarantees cannot reclaim the IPT either, as they can do with VAT. The standard IPT rate of 19% in Germany is high compared to most European countries. This exacerbates these issues.

There are also practical considerations to bear in mind for suppliers obliged to settle IPT with the tax authority. They are presumably required to be registered for IPT purposes like insurers, although the Ministry of Finance has not formally confirmed this.

Perhaps more difficult is the issue of licensing. The Ministry of Finance circulars focus on taxation, leaving it unclear whether other suppliers are now required to obtain a license to write insurance under German regulatory law.

Looking for more information on general IPT matters in Germany? Speak to our expert team. For more information about IPT in general read our guide for insurance premium tax.

VAT Registration Threshold of EU Countries

The European Union is a collective but its Member States have their own rules and nuances where VAT is involved. Knowing what rules are at play is essential when trading in the EU, and that’s where Sovos’ EU VAT Buster comes in.

Each Member State has its VAT threshold for sales. Though, collectively, things changed when the EU VAT Reform came into force. Bookmark this blog so you always have the key facts available when dealing with EU VAT.

What is the VAT registration threshold for EU countries?

For intra-EU B2C supplies, the VAT registration threshold in the EU changed on 1 July 2021. The EU introduced a new lower threshold of €10,000 for businesses established in the region, while a threshold does not govern those outside the region.

For European businesses, that threshold applies annually and is related to all sales in the EU. There is no revenue threshold for non-European companies, and they must be VAT registered in all Member States they sell within.

For other activities, many EU Member States have domestic supplies for established companies, whereas in most instances non-established companies do not benefit from any threshold.

The table below highlights a selection of EU Member States and the VAT number format for the country.

VAT by Country EU

The below table shows VAT details for several countries. The VAT rates were last updated on 17 February 2023 and include the main reduced rates (countries may also have zero rates – read our blog to better understand how VAT works between European countries).

For more information, including relevant data on additional countries, speak to our expert team.

Common terms: Explained

EU VAT is a vast topic, especially considering each country within the union has its own nuances. As such, many questions are asked of us regarding it. Here are some of the most common phrases you may encounter, as well as some frequently asked questions – and the answers.

 VAT Destination Principle

The Destination Principle is a concept which allows for VAT to be retained by the country where the taxed product is being consumed. It’s applied to the Goods and Services Tax in India, and on many EU supplies.

VAT Origin Principle

The VAT Origin Principle is a concept which requires that the applicable VAT rate for a transaction is determined by the Member State where the seller is based.

Union OSS

The Union OSS (One Stop Shop) is a scheme for intra-EU business-to-consumer supplies of goods and services. It was introduced in July 2021.

Non-Union OSS

The Non-Union OSS (One Stop Shop) is a scheme for companies that are not established in the EU. It allows them to register and pay VAT for all business-to-consumer supplies of services in a single EU Member State. It was extended from the previous Mini One Stop Shop (MOSS) in July 2021.

VAT intermediary

All goods imported into the EU are subject to VAT. Businesses selling imported goods under EUR 150 can utilise IOSS (Import One Stop Shop) to simplify their VAT Compliance. To obtain an IOSS VAT registration, most non-EU companies need to appoint an intermediary – such as Sovos.

Deemed Suppliers

Marketplaces may become the deemed supplier of some business-to-consumer transactions when they cross borders, taking on VAT obligations. This means that a marketplace would gain responsibility for collecting and reporting VAT from the consumer.

VAT thresholds

To stay compliant with tax regulations, companies need to know the varying VAT thresholds of the EU Member States. In July 2021, the EU introduced a universal distance selling threshold of €10,000. For other activities, many EU Member States have domestic supplies for established companies, whereas in most instances non-established companies do not benefit from a threshold.

Cross-border supplies

Cross-border supplies involve goods being transported from one country to another. In some cases, goods may cross multiple borders on the journey from the supplier to the final destination of sale. When dealing with cross-border supplies, you may create a requirement to register for VAT.

Customs charges

There are no customs charges when goods are transported from one EU Member State to another. There are customs charges for goods originating outside the EU. Such charges are generated from customs controls at borders and are dependent on a specific set of rules.

Import duties

In the EU, Import duty is tax payable based on the value of imported goods and can include VAT and customs duties.

Frequently Asked Questions

Which EU country has the highest VAT?

Hungary has the highest standard VAT rate of any European country, sitting at 27%. Croatia, Denmark, and Sweden are joint-second at 25%.

Which EU country has the lowest VAT rate?

Luxembourg has the lowest standard VAT in the EU at 16% for 2023, though this will return to 17% in 2024. No country can charge a standard VAT rate below 15%.

What is the minimum standard rate of VAT applicable in the EU?

No EU Member State can charge under 15% as a standard VAT rate. Luxembourg has the lowest standard rate among the Member States at 16% (albeit temporarily).

Is VAT the same in all EU countries?

Although the European Union has somewhat created a uniform tax protocol, each EU Member State has its own VAT rates.

Do I pay VAT on EU purchases?

If you buy or receive goods for business purposes from another country in the EU, you must pay VAT on the transaction at the rate dictated by the type and place of supply.

What is EU VAT threshold?

Businesses need to know the unique VAT threshold of the EU Member States. As of July 2021, the VAT threshold for distance selling in countries in the EU is €10,000. For other activities, many Member States have domestic supplies for established companies – though, typically, a threshold is not applicable for non-established companies.

Do I need to register for VAT in the EU?

VAT registration is applicable for non-resident companies to trade in a country, with specific requirements outlined by the EU and individual tax authorities.

Interested in finding out more about VAT registration options and the various OSS schemes? Contact our sales team today. Refer to this page for our solutions around VAT compliance for eCommerce.

Important update: EU Member States today reached political agreement on the ViDA proposal

Read full story here

VAT in the Digital Age: Your Guide

The VAT in the Digital Age (ViDA) package has been officially adopted and will substantially change how trade within the EU is conducted and reported.

The new rules will ultimately digitize the European VAT system. Details regarding the changes may be complex.  This guide will help you:

Keep track of the latest updates

Understand the potential impacts

Evaluate and benefit from these changes

What is VAT in the Digital Age?

Simply put, ViDA is a new set of rules that will enable EU countries to use technology to improve the current VAT system and better prevent fraud. Its implementation will bring significant changes to how you operate in these countries.

With ViDA’s official adoption, businesses operating in the EU can start to have a clearer picture of the upcoming changes and their impact on everything from compliance costs to technology requirements. Companies are diving into the details to prepare and adapt to this new tax landscape.

To assist your business in navigating the challenges surrounding VAT in the Digital Age, Sovos has created this HUB, which will serve as your comprehensive resource for everything ViDA. Bookmark this page and stay up to date.

We will be maintaining and updating this HUB frequently as new information and assets become available.

Table of contents

1. Timeline of ViDA

2. VAT in the Digital Age for digital reporting and e-invoicing

3. ViDA for the single VAT registration

4. The platform economy and VAT in the Digital Age

5. How ViDA affects your business

6. How Sovos can help you with ViDA

7. FAQ

Timeline of VAT in the Digital Age

The EU Commission first proposed the VAT in the Digital Age plan in January 2022. At that point, they issued a call for feedback, which ended in May 2022.

The Commission adopted the proposal on 8 December 2022 and issued a follow-up feedback period that ran until April 2023.

On 5 November 2024, during the Economic and Financial Affairs Council (ECOFIN) meeting, Member States unanimously agreed to approve the ViDA package.

Due to the extensive scope of changes, the proposal was forwarded to the European Parliament and approved on 12 February 2025.

The proposal headed back to the Council of the EU for the final green light. Finally, on 11 March 2025, ViDA was officially adopted by the EU, 27 months after it was initially proposed.

The new rules took effect on 14 April 2025, the 20th day following its publication in the Official Journal of the EU, with Member States required to transpose the directive into national law.

While many measures will come into effect only a few years from now, some are effective immediately, such as Member States’ right to introduce mandatory domestic electronic invoicing without needing prior authorization from the EU.

The adopted changes will impact businesses from 2025 through 2035.

Learn more about ViDA’s adoption in our timeline blog.

eBook: What is VAT in the Digital Age (ViDA)?

This eBook provides you with a high-level overview of all things ViDA.

Download the full eBook

VAT in the Digital Age for digital reporting and e-invoicing

Mandatory e-invoicing and Digital Reporting Requirements (DRR) will be introduced for all cross-border B2B transactions throughout the EU. This means that all suppliers and customers will need to submit intra-community cross-border data to their local tax administration in real-time and near real-time after e-invoice issuance and receipt. Each tax authority will channel the data to a central database.

Some changes take effect as of ViDA’s approval on 12 March 2025.

Learn more about ViDA’s requirements.

ViDA for the single VAT registration

The EU has adopted changes that will reduce the VAT compliance burden for companies that conduct business internationally. This measure will allow them to only register once across all EU countries reducing the burden and administrative issues of having to file in each country independently.

Read more.

The platform economy and VAT in the Digital Age

The increasing popularity of the platform economy business model has created a new set of challenges for the VAT system. The ‘VAT treatment of the platform economy’ only relates to the supply of certain services via a platform.

Read more.

How VAT in the Digital Age affects your business?

All invoicing and related processes will be impacted. This includes any accounts payable and accounts receivable processes and the associated information systems that support them. You can read the full Q&A with Christiaan van der Valk on how businesses will be impacted here.

How Sovos can help you with ViDA

ViDA, at its core, is about data. The EU is saying that after the fact tax filings that only provide insight into aggregated data for a month or longer are no longer going to be enough.

By leveraging technology, tax administrations can now receive authenticated transaction data detailing every sale and purchase straight from companies’ source systems. Tax is now an always on function, not an afterthought. For more information, please speak with one of our experts. 

Frequently Asked Questions

How can ViDA best be summarized?

ViDA is an EU initiative designed to modernize and simplify the VAT system across the block, aligning it with the growth of the digital economy, technological advancements, and improving fraud prevention.

Why was ViDA adopted?

To modernize the EU VAT system, protect revenue and shrink the VAT gap which has been a major issue of economic concern for all countries within the EU. The 2024 Report on the VAT Gap released by the European Commission estimates that EU Member States lost €89.3 billion in Value-Added Tax (VAT) revenues in 2022.

What are the areas covered by ViDA?

ViDA is broken down into three main coverage areas: 

• VAT digital reporting obligations and e-invoicing 
• VAT treatment of the platform economy 
• Single EU VAT registration

What will it cost to implement ViDA?

KPMG has estimated that the overall savings in administrative cost currently borne by taxpayers is €51 billion over a 10-year period between 2023 and 2032. The total cost of implementation for businesses and national administrations is estimated to be €13.5 billion for the same period.

Will ViDA prevent fraud?

The EU Commission estimates that moving to e-invoicing will help reduce VAT fraud by up to €11 billion a year and bring down administrative and compliance costs for EU traders by over €4.1 billion per year over the next ten years.

How does ViDA help businesses conducting cross-border transactions?

From 2030, cross-border transactions between EU countries will be subject to mandatory e-invoicing and new real-time reporting with ViDA (Digital Reporting Requirements – DRR), replacing the current requirements for a recapitulative statement.

Additionally, ViDA will build on the already existing ‘VAT One Stop Shop’ model. This will allow businesses selling to consumers in other Member States to register only once for the entire EU, even when moving stock to another Member State for future direct sales to consumers.

Businesses will be able to fulfil their VAT obligations via a single online portal in one single language. Estimates show that this move could save businesses, especially SMEs, some €8.7bn in registration and administrative costs over ten years.

Related content

eBook: What Is VAT in the Digital Age (ViDA) and How Does it Impact My Business?

This eBook provides you with a high-level overview of all things ViDA.

Get the ebook

Blog: Mandatory e-reporting and e-invoicing for EU Intra-Community Transactions

This guide about VAT in the Digital Age will provide you with an overview.

Read the blog

Blog: VAT treatment of the platform economy

The EU's "VAT in the Digital Age" reforms VAT for platform economy operators in short-term stays (≤45 days) and transport.

Read the blog

Sovos’ IPT expert Hector Fernandez takes a deep dive into Spain’s Insurance Compensation Consortium (Consorcio de Compensación de Seguros, or CCS). Hector provides valuable information for insurance professionals interested in staying up to date with the latest developments in CCS regulations and their impact on Insurance Premium Tax.

Attend the webinar for:

• An introduction to CCS
• The functions performed and different types of surcharges
• Reporting to CCS: Mandatory and additional information
• How to calculate surcharges

Register Now