Regulatory Analysis

Posted July 26, 2017 by Brendan Magauran
Italy Provides Clarification on Communication of Data on Invoices

The Italian Tax Authorities issued Resolution No. 87/E on July 5, 2017, confirming that a taxable person may amend a previously filed communication even after the 15th day following the day on which the deadline expires. The communication must include sales invoices issued and purchase invoices recorded in the VAT ledger during the period of […]

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Posted July 26, 2017 by Charles Riordan
Germany Publishes Guidelines on VAT Exemption for Frozen Gametes

The Federal Ministry of Finance has released guidance related to a VAT exemption on storage fees for frozen reproductive material. When frozen gametes are stored for therapeutic purposes – such as contributing to a pregnancy as part of fertility treatment – the storage fee is properly VAT exempt. Absent a direct therapeutic purpose, however, storage fees for […]

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Posted July 26, 2017 by Charles Riordan
French Court Strikes Down Google VAT Bill

On July 12, 2017, the Tribunal Administratif de Paris struck down a bill of more than 1 billion euros assessed by the French government against Google for back taxes, including VAT. The Tribunal found in particular that Google did not have sufficient human and technical resources in France to subject the company to VAT; instead, the […]

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Posted July 26, 2017 by Jesse Rooney
Cayman Islands Extends AEOI Reporting Deadline to August 31

The Cayman Islands’ Department for International Tax Cooperation has recently announced a “final extension” for reporting under the FATCA and CRS regimes in a “AEOI News & Updates” release. Reporting under both systems will now be due August 31, 2017. Reporting entities must register with the Department by July 31, 2017 to ensure they meet […]

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Posted July 26, 2017 by Jesse Rooney
Bahrain Published Competent Authority Arrangement

Bahrain has recently published the Competent Authority Arrangement between itself and the United States for the purposes of FATCA reporting.  The agreement is required by the Inter-Governmental Agreement between the two states to facilitate FATCA reporting. The post Bahrain Published Competent Authority Arrangement appeared first on Sovos.

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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 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 24, 2017 by Ramón Frias
Puerto Rico Governor Signs Bill Requiring 2 Monthly Sales Tax Payments

The Governor of Puerto Rico has signed into law a bill (PC 1133) that changes the frequency of sales tax remittance. As reported earlier in this forum, the new rule requires most taxpayers to pay sales tax in the same month as it’s collected, in two monthly installments: The first payment is required on the […]

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Posted July 19, 2017 by Ramón Frias
Tax Reform on the Horizon in Puerto Rico

The Secretary of the Treasury for the Commonwealth of Puerto Rico announced that they plan on encouraging the local legislature to adopt significant tax reform measures, including a number of items that will impact sales tax (locally known as IVU). The details of the proposed reforms have not been released but the Secretary has indicated […]

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Posted July 5, 2017 by Brendan Magauran
ECJ Case Provides Guidance on Zero-Rated Services relating to the Exporting and Importing of Goods

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

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Posted June 28, 2017 by Sovos
United Kingdom Publishes Guidance on Supply-Splitting Tax Avoidance Schemes

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

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Posted June 24, 2017 by Ramón Frias
Portugal Simplifies Non-EU Travelers Exemptions

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

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Posted June 24, 2017 by Ramón Frias
Greece: VAT on Bad Debts is Non-Deductible

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

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Posted June 24, 2017 by Charles Riordan
United Kingdom: Queen’s Speech 2017

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

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Posted June 24, 2017 by Charles Riordan
Court of Justice of the European Union: Recent VAT Decisions

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

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Posted June 24, 2017 by Charles Riordan
Romanian Senate Rejects Zero-Rate on Social Housing

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

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Posted June 23, 2017 by Andrew Decker
Switzerland Confirms Revisions to VAT Act

The Federal Tax Administration has announced the following revisions to the VAT Act, effective January 1, 2018: First, all companies resident in Switzerland and all companies providing services in Switzerland will be liable to collect and remit taxes in Switzerland if their global turnover from non–exempted services exceeds 100,000 CHF. Second, the reduced […]

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Posted June 23, 2017 by Sovos
Czech Republic 2017 Changes to the VAT Law

In April of 2017, the Parliament of the Czech Republic passed legislation that made important changes to the Republic’s Value Added Tax (VAT) Law. The act was then published and codified on June 16th, 2017 in the Collection of Laws, as part of publication 170/2017, seen here. Of the changes, the most notable is […]

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