Regulatory Analysis

Posted August 1, 2017 by Alex Samuel
Cook County Resumes Collection of Sweetened Beverage Tax

Cook County Illinois will resume collection of their sweetened beverage tax after a judge lifted a temporary restraining order and dismissed a lawsuit filed by the Illinois Retail Merchants Association preventing implementation of the tax. The sweetened beverage tax consists of a $0.01 tax on each ounce of sweetened beverage sold at retail. Retailers are […]

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Posted August 1, 2017 by Charles Maniace
Massachusetts Proposes Remote Seller Sales Tax Regulation

A few short weeks ago the Massachusetts Department of Revenue enacted and then rescinded Directive 17.1 which was slated to take effect on July 1. The Directive would have imposed a sales tax collection and remittance requirement on remote sellers/internet vendors that provide software (including “cookies”) to Massachusetts customers or use “content distribution networks” located […]

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Posted August 1, 2017 by Ramón Frias
Portugal to Allow Payment of VAT Using Periodic Tax Return

The tax administration of Portugal has issued a new regulation (Portaria 221/2017) that will allow taxpayers to pay the VAT due on imports using Portugal's periodic VAT return. The new measure is expected to enter into effect in two stages: September 1, 2017 for most goods contained in Annex C of the VAT Code (except […]

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Posted August 1, 2017 by Stephen Kessinger
IRS Provides More Guidance on IDES Certificates

Last week, IRS added two FAQs to its IDES Technical FAQ page.  Those questions, E23 and E24, concern the use of certificates for reporting via IDES.  In particular, the IRS advises that if a filer has a valid certificate from an approved certificate authority, it may chose to continue using even if that authority is no […]

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Posted August 1, 2017 by Stephen Kessinger
IRS Releases Draft Form 8966

The IRS has released a draft version of 2017’s Form 8966. The Form is intended for certain types of financial institutions to use in lieu of electronic reporting. The Form contains no substantive changes to last year’s edition. This might suggest that there will likely not be many changes to the specifications of the IRS XML […]

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Posted August 1, 2017 by Tom Hospod
Jersey Legislature Amends CRS Regulations to Update Participating Jurisdictions

The government of Jersey has published amendments to its previously enacted CRS regulations. The amendments relate to Schedule 2 and Schedule 3 of the regulations, which list the early adopter participating jurisdictions and the late adopter participating jurisdictions, respectively. The lists have been revised to reflect the current official OECD list of jurisdictions that have committed to […]

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Posted August 1, 2017 by Tom Hospod
Germany Publishes FATCA Infobrief for Upcoming Filing Season

The German Federal Central Tax Office (BZSt) has released a FATCA Infobrief that addresses various matters concerning the upcoming filing season. German Financial Institutions are to transmit their FATCA reports no later than August 31, 2017. The BZSt has announced that feedback for FATCA data delivery is not currently possible due to technical difficulties. This […]

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Posted August 1, 2017 by Tom Hospod
Mauritius Extends FATCA Deadline to August 31

The Mauritius Revenue Authority has announced an extension of the deadline for Financial Institutions to report under FATCA. The original deadline of July 31 was extended to allow FIs until August 31, 2017 to submit FATCA transmittals to the MRA. The facility for FATCA reporting for the 2016 tax year is available on the MRA’s website, and will […]

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Posted July 31, 2017 by Paul Ogawa
Singapore Publishes FATCA Due Date Reminder and Updates List of Approved Certificate Authorities

The Inland Revenue Authority of Singapore recently published two updates to their FATCA page. The first update is a reminder that the filing deadline for reporting Singapore FIs passed on May 31, 2017 for the 2016 reporting year. All FIs who have not done so must report 2016 information immediately, and due to the delay […]

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Posted July 28, 2017 by Charles Maniace
Expanded Nexus Obligations in Ohio Effective January 1, 2018

Online sellers should take immediate notice. House Bill 49 has been passed by the Ohio legislature, signed by the governor, and is set to take effect on January 1, 2018. Hidden within its depths, the language of the bill creates a rule that imposes a tax collection and remittance obligation (nexus) on sellers who use software or […]

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Posted July 28, 2017 by Jesse Rooney
Arizona Releases Updated Joint Tax Application (JT-1)

Arizona’s Department of Revenue has recently released a revision to its Joint Tax Application, the JT-1.  The Application is used to license a new business or record a change in ownership of a business within the state. The updated Application now has instructions for determining frequency of filing for use in Section C, Box 4 […]

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Posted July 28, 2017 by Charles Riordan
European Union: VAT Decisions for Hungary, U.K.

The Court of Justice of the European Union (CJEU) has issued recent opinions in two cases involving VAT: In Case C-633/15 (London Borough of Eating), the CJEU held that the UK could not apply a condition to an exemption for services related to sporting facilities only on non-profit organizations governed by public law, without also applying the […]

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Posted July 28, 2017 by Charles Riordan
VAT Trends in the European Union

The European Commission has published its 2017 report on Taxation Trends in the European Union, which is now available online. The Commission notes that consumption taxes grew slightly as a share of total tax revenue in 2015, and that VAT typically composes between two-thirds and three-quarters of the implicit tax rate on consumption. This figure will […]

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Posted July 28, 2017 by Charles Riordan
European Union: Overhaul of VAT System Discussed

Two major announcements on a modernized system of VAT have been made in the past month, as part of an ongoing discussion among European Union leaders. First, the Estonian Presidency of the Council of the European Union stated its intention to launch negotiations on a definitive cross-border system of VAT, based on the principle of taxation in […]

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Posted July 27, 2017 by Tom Hospod
Senate to Consider “Skinny Repeal” After Previous Bills Fail

Earlier this week after approving the Motion to Proceed, the Senate took up two different ACA repeal bills. Both the Better Care Reconciliation Act and the House’s “repeal and delay” bills were defeated after failing to gain enough support from Republicans. Nine Republican Senators voted against the “repeal and replace,” while seven voted against “repeal […]

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Posted July 26, 2017 by Charles Riordan
United Kingdom to Modify Place of Supply Rules for Telecommunications Services

The United Kingdom has announced plans to eliminate its “use and enjoyment” provision for VAT on business-to-consumer (B2C) telecommunications services used outside of the European Union. Schedule 4A of the VAT Act of 1994 currently treats telecommunication services used outside of an EU member state as taking place where consumed, even if the service would […]

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Posted July 26, 2017 by Stephen Kessinger
France Updates CRS Technical Guidance

France has updated its technical guidance, Transfert d’Informations to version 1.3.  The new version contains some schema changes including the addition of the Address Type attribute that was previously not required, even though it is required under the OECD’s schema.  Reporting French Financial Institutions, who have Reportable Accounts, should give close attention to the new guidance to […]

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Posted July 26, 2017 by Jesse Rooney
Idaho Grocery Tax Will Continue Says State Supreme Court

Idahoans will still need to pay taxes on groceries following a recent decision by the state’s Supreme Court.  The Idaho Legislature had passed a bill (House Bill 67) exempting groceries from sales tax, this bill was subsequently vetoed by the Governor.  The Legislature mounted a legal challenge to the validity of the veto, stating it […]

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