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An Update – Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax

  • On February 18, 2021, the European Commission published the DRAFT version of the ”Detailed implementing rules for the VAT e-commerce trade” (LINK)
  • The Draft Act is open for public consultation between February 18, 2021 and March 18, 2021
  • This Draft Implementing Regulation is amending Commission Implementing Regulation (EU) 2020/194 of 12 February 2020 (see LINK) laying down detailed rules for the application of Council Regulation (EU) No. 904/2010 as regards the special schemes for taxable persons supplying services to non-taxable persons, making distance sales of goods and certain domestic supplies of goods, was published in the Official Journal of the European Union.
  • What is the Commission Regulation (EU) 904/2010?
    • It sets out procedures allowing EU countries’ authorities to work together and share information on value added tax (VAT) and to combat VAT fraud. It thus ensures that:

      • VAT is assessed and applied correctly;
      • VAT fraud is detected and prevented;
      • VAT revenue is protected.
    • With regard to the special scheme for charging value added tax for non-established taxable persons providing telecommunications, broadcasting or electronically supplied services to non-taxable persons has been enlarged to cover all services and distance sales of goods made to non-taxable persons. Commission Regulation (EU) 904/2010 has been amended accordingly and lays down rules to audit transactions recorded on these special schemes.
  • Text of Commission Regulation (EU) 904/2010:
    • The latest available consolidated version is a version applicable January 1, 2020: Consolidated version per Jan 1, 2020
    • This version has to be read together with ”Changes to Council Regulation (EU) No904/2010 on administrative cooperation and combating fraud in the field of VAT: Council Regulation (EU) 2017/2454 (Administrative Cooperation Regulation)”

 

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