Regulatory Analysis

Posted August 29, 2017 by Jesse Rooney
California Releases Updated DE 532, Direction for ACH Payments

California’s Employment Development Department has revised its publication DE 532. This document provides instructions on how to set up an ACH payment to the Department. The publication had previously been titled “Information for your Bank,” and is now titled “Automated Clearing House (ACH) Credit Information Guide.” The revised edition provides more detailed information on arranging […]

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Posted August 28, 2017 by Charles Riordan
European Union: Extension of Romanian Derogation for Small Business VAT Thresholds

On August 11, 2017, the European Commission proposed that Romania be allowed to extend its current derogation on VAT threshold for small business registration until December 31, 2020. Romania currently sets its threshold at EUR 65 000 pursuant to a derogation that expires at the end of 2017. The Commission's proposal would extend this derogation […]

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Posted August 28, 2017 by Charles Riordan
United Kingdom Disputes EU Fraud Estimate

The United Kingdom is contesting a charge that "continuous negligence" by its customs agency has resulted in 1.987 billion Euros in lost duties on Chinese merchandise. The Office de Lutte Anti-Fraude (OLAF) conducted a two-year investigation into the matter, and recommended earlier this year that the UK pay the money into the EU budget itself as […]

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Posted August 28, 2017 by Charles Riordan
Germany Updates List of NATO Headquarters for Purposes of VAT Exemption

On August 8, 2017, the Bundesministerium der Finanzen (BMF) published an up-to-date list of NATO Headquarters to which deliveries are tax exempt under Article 4 paragraph 7 of the German VAT Act. 

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Posted August 28, 2017 by Charles Riordan
Belgium: VAT on Letting of Property

In its most recent framework for a budget agreement, the Belgian government has proposed giving taxpayers the option to collect VAT on the letting of immovable property, beginning January 1, 2018. This would allow taxpayers to deduct any input VAT incurred on operations such as construction that are directly related to the letting of the […]

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Posted August 28, 2017 by Charles Riordan
European Union: Proposed VAT Derogation for Hard Drives

The European Commission has proposed Poland be authorized to assess a reverse charge on hard drives, such as solid-state drives and hard disk drives, which would impose VAT liability on the purchaser of such items. Article 199(a) of Council Directive 2006/112/EC (“the EU VAT Directive”) currently allows for Member States to impose a reverse charge […]

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Posted August 25, 2017 by Andrew Decker
Romania Split Payments and Electronic Filings

The Romanian Ministry of Finance released a draft ordinance introducing a split-payment mechanism for VAT payments on August 4. A revised version of the order was released on August 18th. The order requires that all VAT registered persons must open a dedicated VAT account for the collection and payment of VAT on supplies and purchases […]

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Posted August 23, 2017 by Charles Maniace
Enrollment Period in MTC VDA Program is Now Open

For those not yet in the know, the Multistate Tax Commission (MTC) has coordinated an unprecedented voluntary disclosure/amnesty program with 24 states. Eligible sellers should give serious consideration to enrolling. More importantly they should take immediate note of the short window of opportunity. The program began on August 17 and will be closing on October […]

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Posted August 23, 2017 by Adam Rivera
Hawaii Legislature Passes Senate Bill 1007, Mandates Quarterly Filing Frequency for All Filers

The Hawaii Legislature has passed Senate Bill 1007. This bill changes the filing frequency for withholding tax to a uniform quarterly filing frequency. Prior to this bill, only employers with withholding liabilities of $5,000 or less were allowed to file returns quarterly. Despite the change in filing frequency, the payment frequency of withholding taxes remains […]

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Posted August 23, 2017 by Stephen Kessinger
Dismissed Lawsuit Challenging FATCA Appeal Fails

The Sixth Circuit for the United States recently upheld a dismissal of a suit brought by individuals challenging the legitimacy of FATCA.  Plaintiffs argued that FATCA’s enforcement should be enjoined under a variety of reasons, including the requirement that the IGAs be ratified through the US Senate.  The Circuit Court upheld the District Court’s dismissal […]

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Posted August 18, 2017 by Ramón Frias
Chile: Significant Changes on VAT Reporting Obligations

The tax administration of Chile has issued Resolution 61/2017, which introduces significant changes to the VAT compliance obligations of Chilean taxpayers. Effective August 1, 2017, taxpayers will no longer be required to submit their ledgers of sales and purchases to the Chilean tax administration (SII). Instead, the regulation provides for a new ledger of purchases […]

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Posted August 18, 2017 by Ramón Frias
Basque Country Transactions that should be Excluded from the SII

Transactions carried out by taxpayers located in Álava, Guipúzcoa and Vizcaya (commonly known as the Basque Country) plus Navarra should not be reported to the Spanish tax administration (AEAT) as part of the SII, if said taxpayers are considered to be under the tax authority of those regions for VAT purposes. Who is considered to […]

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Posted August 18, 2017 by Erik Wallin
North Carolina Exempts Investment Coins and Bullion

Following a recent trend in the United States, North Carolina has joined Indiana and Ohio in exempting currencies that may be used as investments from sales and use tax. North Carolina House Bill 434 (Ch. SL 2017-181) was signed by Governor Roy Cooper on July 25, 2017. The bill, which is retroactively effective on July […]

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Posted August 18, 2017 by Paul Ogawa
Washington D.C. Updates Annual Withholding Instructions

The D.C Office of Tax & Revenue (OTR) recently published two updates to instructions for annual withholding forms. These instructions are used to properly fill out and file their respective forms. The first set of updated instructions is for Form FR-900A, the Employer/Payer Withholding Tax Annual Return. Generally, the OTR reminds filers they will be […]

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Posted August 18, 2017 by Sovos
UK VAT Guide Receives Simplifications and Updates in Latest Version

Her Majesty's Revenue and Customs (HMRC) has published the latest version of VAT Notice 700, which is a guide for a variety of topics related to VAT. This latest publication simplifies numerous sections of the notice for easier understanding and clarity, and provides additional guidance on topics such as single and mixed supplies of goods, as well […]

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Posted August 18, 2017 by Charles Riordan
OECD Publishes Comments on Model Tax Convention

On August 11, the Organisation for Economic Co-operation and Development published comments to its newly-released 2017 Model Tax Convention. The Convention contains a proposed new paragraph stating registration for VAT has no bearing on the question of whether an organisation has a "permanent establishment" within a jurisdiction; this clarification is especially timely now that a number of […]

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Posted August 18, 2017 by Paul Ogawa
British Virgin Islands Extends Reporting Deadline for CRS and CDOT

The British Virgin Islands recently issued a press release extending the reporting deadline for FIs from August 18, 2017 to September 1, 2017. This extension applies to FIs reporting under the CRS and UK CDOT agreements, and is being granted because the BVI Financial Account Reporting System (BVIFARS) is down as a result of a Tropical […]

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Posted August 14, 2017 by Charles Maniace
Massachusetts Legislature asks DOR to Consider Real Time Sales Tax Payments

A provision contained in the FY 2018 Massachusetts Budget looks to set the stage for possible real-time sales tax remittance requirements in the Commonwealth. While nothing is official yet, the Massachusetts legislature believes that it has recognized an opportunity to utilize “third party payment processors” as a means of ensuring proper tax collection and accelerating […]

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