Regulatory Analysis

Posted June 6, 2017 by Lee Pender
UK Seeks to Eliminate “Use and Enjoyment” Provision for Certain Telecommunication Services

The UK government has introduced draft legislation that would apply VAT to telecommunications services used outside of the European Union by private UK customers. Under current “use and enjoyment” provisions, such services are not subject to VAT when used outside of the EU. The government claims that this change will remove any ambiguity about place […]

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Posted May 31, 2017 by Lee Pender
Spain Enacts New Mandate Regarding the SII

Spain has issued Ministerial Order HFP/2017, which establishes the technical requirements for the implementation of the Immediate Remittance of Information system, locally known as SII. According to this new order, the effective date of the mandate is July 1, 2017. The order officially describes the information that should be sent to the Spanish tax authorities for […]

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Posted May 25, 2017 by Lee Pender
Potential VAT Changes on Finnish Imports

The Finnish parliament (the Riksdag) is presently considering Bill No. 45/2017, which would change the way VAT is collected on imports into the country. Under section 3.3 of the bill, the responsibility for import VAT collection would shift from the customs authority to the tax administration. Importers would account for import VAT via their tax […]

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Posted May 25, 2017 by Lee Pender
Sweden Permits Input Tax Deduction on Some Restructuring Costs

On May 16, Sweden’s Supreme Administrative Court ruled that a “parent company is allowed to deduct input VAT in respect of consultancy services acquired in connection with the sale of shares in subsidiaries during the restructuring of operations,” on the grounds that “the costs of the services [are] considered to have a direct and immediate link with […]

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Posted May 25, 2017 by Lee Pender
Estonia: Draft VAT Law Amendments

The Estonian Ministry of Finance has issued draft amendments to the VAT Act. The amendments affect the treatment of motor vehicles that are used for both business and non-business purposes. The draft law, 17-0510, can be viewed at Estonia’s online database, Eelnõude infosüsteem (EIS). The post Estonia: Draft VAT Law Amendments appeared first on Sovos.

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Posted May 25, 2017 by Lee Pender
CJEU: Taxpayer May Challenge Gov Document Request

On May 16 the Court of Justice of the European Union ruled against Luxembourgian tax authorities in an appeal from taxpayer Berlioz Investment Fund SA in Case C-682/15. The Luxembourg authorities had demanded certain documents that Berlioz failed to produce in the requested detail, resulting in the imposition of a €250 000 fine. Berlioz appealed […]

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Posted May 25, 2017 by Lee Pender
Italian Lower House Considers Reduced Rate on Childcare Items

The lower house of the Italian parliament, the Chamber of Deputies, is considering Bill No. 4477 which, if enacted, would reduce the VAT rate on certain childcare items to 4%. Specified items include diapers, high chairs and strollers. This measure seeks to reduce the tax burden faced by young families: the bill’s preamble links Italy’s […]

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Posted May 24, 2017 by Lee Pender
Netherlands: Public Consultation on Proposed VAT Adjustment Rules

The Dutch government has initiated public consultations on new VAT rules that would allow adjustments, similar to those which currently apply to capital goods, to apply to “valuable” services, i.e., services which are capitalized and depreciated by companies over a period of time. These rules, if approved, would take effect in January of 2018. Comments […]

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Posted May 24, 2017 by Lee Pender
Latvia: VAT Law Amendments Go Into Effect

Latvia has adopted several amendments to its VAT Act. Included among these amendments are adjustments to the timing of VAT input deductions, adjustments to the section on the deductions of bad debts, and updated references to European Council Regulations. Additional amendments eliminate the exemption for services provided by cooperative societies, and specify that non-Latvian EU […]

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Posted May 24, 2017 by Lee Pender
Cyprus: Electronic VAT Returns

The Cyprus Tax Department has announced that from May 2, 2017, periodic VAT returns (Form 4) must be submitted electronically through the TAXISnet system. The announcement stresses that the TAXISnet system for indirect tax is separate from the TAXISnet system for income tax, and requires a separate request for access.    The post Cyprus: Electronic VAT Returns […]

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Posted May 24, 2017 by Lee Pender
Hungary – VAT Changes in Proposed Budget

Earlier this month the Hungarian government introduced a budget bill for 2018. Included in the budget is a proposal to reduce the VAT rate on fish, catering services, and internet services to 5%. The bill also confirms an implementation delay for the mandatory filing of B2B VAT invoices with the government, which was scheduled to start on July […]

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Posted May 24, 2017 by Lee Pender
Belgian Parliament Debates New VAT Enforcement Powers

The Belgian parliament is currently debating a bill that would grant VAT enforcement authorities the power to attach property implicated in willful tax evasion. According to the Commission of Finance and Budget, such attachment will follow the common law regarding seizures. At this time, there is no indication of when the bill will enter into force […]

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Posted May 24, 2017 by Lee Pender
Polish Lower House to Hear VAT Refund Bill

On March 24, 2017, Bill No. 1564, amending Poland’s VAT act, was ordered to be read in Poland’s lower house of parliament. The bill would shorten the government’s deadline to refund overpaid VAT from 60 to 25 days, thus reducing cash-flow burdens on compliant businesses. As written, the bill would take effect on July 1, […]

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Posted May 23, 2017 by Lee Pender
France Outlines New Requirements for Accounting Software

Under a new measure that enters into force on January 1, 2018, VAT taxpayers will be required to use only “secured and certified ” software accounting systems when recording customer payments. To be “secured and certified,” accounting systems must meet specified requirements of inalterability, security, retention, and archival prowess. The French tax administration is authorized […]

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Posted May 23, 2017 by Lee Pender
United Kingdom: Publication of VAT Notes 2017

Her Majesty’s Revenue and Customs (HMRC) has published Issue 1 of VAT Notes 2017, a newsletter providing VAT guidance to tax professionals. The current issue contains links to recently-published or revised HMRC notices, information on special schemes for alcohol and tobacco transactions, and a link to HMRC’s online VAT services. Four issues of “VAT Notes” […]

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Posted May 23, 2017 by Lee Pender
France Issues Decree on VAT Representatives

France has recently published a decree on the obligations of foreign taxpayers to appoint a VAT representative. The decree amends a list of countries that have signed tax recovery assistance treaties with France. Foreign taxpayers established in the listed countries are not required to appoint a VAT representative to manage their VAT obligations in France. […]

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Posted May 23, 2017 by Lee Pender
Germany Implements Simplified VAT Deduction for Low-Value Invoices

Germany has passed a new law, retroactively effective to January 1, 2017, to simplify input VAT deduction procedures for low-value purchases (“invoices for small amounts”). Under Section 15 of the German VAT Act, input VAT deductions can only be claimed by recipients of invoices that meet standardized requirements – for instance, recipient information must be […]

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Posted May 23, 2017 by Lee Pender
United Kingdom Continues Brexit Preparations

The first Brexit negotiations between the United Kingdom and the European Union have officially been scheduled for June 19. In preparation, the 27 remaining Member States have unanimously agreed on a set of guidelines that prioritize safeguarding the rights of EU citizens within the UK and obtaining a ‘single financial settlement’ for outstanding British contributions to common […]

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