Regulatory Analysis

Posted September 18, 2017 by Paul Ogawa
IRS Issues Reminder to Foreign Financial Institutions Regarding FATCA Registration Status

The IRS recently published a reminder to foreign financial institutions (FFIs) to renew their FFI agreements. In IR-2017-153, the IRS warns FFIs that if they do not complete their renewal of their FFI agreement by October 24, 2017, they will be treated as having terminated their FFI agreement as of January 1, 2017. This means any […]

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Posted September 12, 2017 by Erik Wallin
Massachusetts Certifies Sales Tax Ballot Petitions

The Commonwealth of Massachusetts recently certified several Initiative Petitions filed by the Retailers Association of Massachusetts. The Association will have until December 6, 2017 to collect the requisite amount of signatures for any petition to appear on a ballot.  The Initiative Petitions are as follows: Initiative Petition 17-19 – Would reduce the state sales and […]

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Posted September 12, 2017 by Ramón Frias
Puerto Rico Postpones Deadline for September Tax Obligations

The Treasury Department of Puerto Rico issued Circular Letter 17-13 announcing the postponement of certain deadlines relating to the payment and filing of taxes – including sales tax. The postponements are intended to give businesses opportunity to recover from Hurricane Irma. By way of a quick summary: Sales tax, income tax and excise tax filings […]

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Posted September 7, 2017 by Paul Ogawa
Arizona Advances Filing Due Dates for 1099 and W-2 Reporting

In a posting on their website, the Arizona Department of Revenue announced that Forms A1-R and A1-APR (and any relevant 1099/W-2G/W-2 forms) will be due January 31, 2018 for tax year 2017. This change is effective for tax year 2017 and forward, and brings the filing date in line with the federal standard. While the Arizona DOR […]

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Posted September 6, 2017 by Kevin Diffily
Possible Sales Tax Suspension in Puerto Rico

On September 4, 2017, the Governor of Puerto Rico declared a commonwealth-wide state of emergency related Hurricane Irma. Under existing law, should this “state of emergency” turn into a “disaster declaration” the Puerto Rico Department of Revenue retains the authority to temporarily suspend state and local sales tax on certain goods and services. While no […]

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Posted September 6, 2017 by Jesse Rooney
Cayman Islands Extends AEOI Portal Opening to September 13

In a August 30 revision to its AEOI News & Updates, Cayman Islands’ Tax Information Authority announced it will leave its AEOI portal open until 4pm local time, September 13 “to accept late registrations, variations, reporting and filing declarations….”  Prior language that the deadline for submission of FATCA and CRS reportings were due August 31 […]

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Posted September 6, 2017 by Jesse Rooney
Singapore to Open CRS Reporting Registration, Solicits Comments on CRS e-Tax Guide, Updates CRS FAQs

Singapore’s Inland Revenue Authority announced it will be opening registration for CRS on August 31. Reporting Singaporean financial institutions must register between August 31 and March 31, 2018 to ensure they can file CRS reports with the IRA in 2018, the first year Singapore has committed to CRS reporting. Reporting will be due by May […]

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Posted August 31, 2017 by Paul Ogawa
Minnesota Releases Updated Application for Business Registration

Minnesota recently published an updated version of Form ABR, Application for Business Registration. This form is used by active businesses to register with the Minnesota Department of Revenue for a multitude of tax purposes, including withholding tax. There are only minor changes to the form in this most recent update, which include the following: Section […]

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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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