Regulatory Analysis

Posted August 12, 2021 by Gabriel Pezzato
BRAZIL’s NF3e postponed

The Sinief Agreement 14/21 introduced changes in the NF3e framework. The Agreement established a deadline for the transmission of the NF3e issued in contingency mode, which must be transmitted immediately after the end of the contingency scenario. It also introduced the contingency scenario during the use of mobile equipment of electricity consumption reading when such […]

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Posted August 12, 2021 by Gabriel Pezzato
BRAZIL’s NFCE: unique identification postponed

The Sinief Agreement (Ajuste Sinief) 17/21 postponed the requirement for an NFCe to be uniquely identified by an identifier comprising the CNPJ (tax id) of the issuer, number, series and issuance type until 5 September 2022. Previously expected to be enforced in 1st September 2021, the requirement was delayed by one year. The States of […]

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Posted August 12, 2021 by Gabriel Pezzato
BRAZIL: Changes to classification codes delayed

The Sinief Agreement (Ajuste Sinief 12/21) postponed the implementation of codes used in e-invoices for classification of transactions (eg. taxed, partially taxed, exempt, non-taxed etc), and identification of taxation regime and type of supply (eg: sales of gas to final customers). Previously expected to be enforced in 1 Jan 2022, the Agreement effectively impacts the […]

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Posted August 12, 2021 by Gabriel Pezzato
BRAZIL’s NFe and NFCe: Obligation to appoint the intermediary’s tax ID postponed

Brazil’s tax authorities delayed the inclusion of the CNPJ (tax ID) of the intermediary or agent in commercial transactions performed in a physical or virtual environment. The publication of version 1.30 of the Technical Note (NT) 2020.006 implements the Sinief Agreements (Ajustes Sinief) 19/21 and 20/21, postponing the content requirement for NFes and NFCes, respectively.

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Posted August 3, 2021 by Joanna Hysi
Poland: Krajowy System e-Faktur moves to next phase of legislative process

Progress has been made in the roll-out of the Polish CTC (continuous transaction control) system, Krajowy System of e-Faktur. In June, the Ministry of Finance announced it had reviewed all comments submitted by the public and Polish ministers on the CTC system and decided to take certain actions, including introducing a testing phase for the […]

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Posted July 30, 2021 by Bradley Feimer
Virginia is First in the Nation to enact E-988 Surcharge Legislation

Effective July 1, 2021, Virginia Senate Bill 1302 was a the first legislation in the nation to provide for an E-988 surcharge on retail prepaid wireless services to fund a 988 suicide prevention hotline. Notably, the E-988 surcharge is combined to the existing E-911 surcharge. Thus on sales tax returns, the new E-911/E-988 surcharge of […]

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Posted July 29, 2021 by Gabriel Pezzato
Portugal: B2G PDF e-invoices accepted until December 2021

Once again, Portugal published a ministerial order de facto amending the timeline for the implementation of its B2G electronic invoice mandate. According to the Despacho 260/2021-XXII, the Portuguese public administration will continue to accept B2G invoices in PDF format until 31 December 2021.

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Posted July 29, 2021 by Bradley Feimer
Colorado Enacts E-988 Surcharge Legislation

Colorado recently enacted Senate Bill 154 to establish a 988 suicide prevention hotline and impose an E-988 surcharge. The legislation provides that beginning January 1, 2022, there is to be a E-988 surcharge applied to each retail transaction for prepaid wireless services. This surcharge will be used to fund the 988 network in the state. […]

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Posted July 27, 2021 by Robert Pelletier
Kerala, India – Flood Cess Expiration August 1, 2021

On August 1, 2019, the state of Kerala, India imposed a two-year Flood Cess of 1% on B2C intrastate supplies on most goods and services subject to GST.  The Flood Cess is set to expire on August 1, 2021.  The implementing regulation can be found here.

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Posted July 14, 2021 by Selin Adler Ring
INDIA: QR code requirement for B2C invoices has been deferred once more

Ever since the introduction of mandatory e-invoicing in India, B2C transactions have been excluded from the scope of mandatory e-invoicing. For these transactions specifically, there is a separate requirement: taxpayers with an annual threshold of 500 Cr. rupees or more must include a self-generated dynamic QR code on B2C invoices. Even though this requirement was […]

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Posted July 13, 2021 by Hector Fernandez
TAX ALERT: SPANISH SURCHARGES LATE SUBMISSION

The system of penalties/surcharges for late submission without prior requirement by the Tax Authorities (Art. 27.2 LGT 58/2003) has been modified by the Act 11/2021 published on Saturday 10 July 2021 in the Spanish Gazette (BOE) and came into force on Sunday 11 July 2021. The new rule brings changes to the penalties/surcharges system. The […]

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Posted July 9, 2021 by Gabriel Pezzato
Italy and San Marino: Clearance and exchange of import and export invoices

Supplies between Italy and San Marino are accompanied by a set of customs obligations. After the introduction of the Italian e-invoicing mandate in 2019, Italy and San Marino started negotiations to expand the use of e-invoices in cross-border transactions between the two countries. Those negotiations are now complete and the details are available. More information […]

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Posted July 7, 2021 by Gabriel Pezzato
Brazil: NCM table changed

The Technical Note 2016.003 has been updated and is now in version 2.00. The Technical Note changes the NCM table and is effective from July 2021. The NCM codes are part of NFe content and identify goods in Mercosul/Mercosur.

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Posted July 7, 2021 by Gabriel Pezzato
Brazil: Buyer’s response deadline changed

The Technical Note 2020.001 has been updated and is now in version 1.10. The new version implements regulatory updated introduced by the Sinief Agreement 44/20, changing deadlines for buyer’s responses on the NF-e flow, as follows: – Events confirmation, non-confirmation, or transaction not performed: up to 180 days after clearance; – Acknowledgment of an NF-e: […]

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Posted July 1, 2021 by Joanna Hysi
Greece’s myDATA mandate postponed to September 2021

On 28 June 2021 the Greek Ministry of Finance announced that the myDATA mandate has been postponed to autumn 2021. This is due to the adverse financial impact of the pandemic on businesses and the country. The phased roll-out begins in September 2021 and is scheduled to be completed in November 2021. Retroactive reporting of […]

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Posted June 25, 2021 by Bradley Feimer
Maine Amends Remote Seller and Marketplace Facilitator Economic Nexus Threshold

Maine’s governor recently signed LD 1216 into law. This bill provides that on or after January 1, 2022, economic nexus will no longer require 200 separate transactions. Entities with gross sales exceeding $100,000 in the current or previous calendar year must continue to register, collect and remit sales and use tax. The relevant amendment can […]

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Posted June 22, 2021 by Paul Ogawa
IRS Releases Updated Publication 1281

The IRS recently released an updated version of Publication 1281, Backup Withholding for Missing and Incorrect Name/TIN(S). This publication provides information and procedures relating to backup withholding, including instructions on how payers and recipients must navigate the CP2100/2100A notification process. Most notably the publication was updated to include Form 1099-NEC by name: previously this form […]

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Posted June 21, 2021 by Danielle Herring
NY Introduces Bill with Guidelines for Virtual Reporting

NY AB 7742 was introduced on May 21, 2021. Click here to read a copy of the bill. This proposed legislation is significant because it defines virtual currency and provides guidelines for reporting. A dormancy period of 3 years will be used. The state would be able to accept the currency in native units so […]

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