It’s VAT-time of the week again.
What do consignment stock arrangements, share transactions, and the voucher regulations have in common? These are all topics that are investigated and explained in university papers, written by students. In some cases, the conclusions that are drawn, or the points of view that are highlighted can be very interesting. And sometimes they can even be the basis for further research and publications.
One of VATupdate’s goals is to create more awareness of VAT worldwide, and we are doing that by publishing everything relating to VAT. And that can include papers, essays or articles written by any person, anywhere in the world. We are always interested in your views on a VAT topic, and not only if you’re an advisor, a government official or a professor, but also if you have written a paper or essay. Who knows, by sharing your views you may have other people starting to think differently about a topic or initiate a discussion where you can learn the other person’s point of view (and maybe change your own opinion).
All VATupdate articles are also posted in LinkedIn, so if you want to discuss a specific item, you can do that there. Or send us an email, and we can response with our views and opinions.
In this week’s newsletter we bring you some interesting items on how taxpayers, advisors, governments and courts also can have different opinions, but in some cases want (or need) to work together to get the outcome they want. Or where there’s unclarity on the approach or point of view to be taken from the same side.
For example, in Nigeria, the Federal and the State government are arguing about whether or not VAT should be levied in a specific situation, and taxpayers don’t know what they should do. Or in New Zealand, where the Treasurer is arguing with the Premier about collecting GST.
Countries try to avoid these disputes, for example by installing a specific organisation that gives binding VAT rulings (for example India is considering this). Nice idea, but in practice these rulings are also not always really binding and fought over before the court.
Let’s just say that VAT is and will remain interesting. And exchanging ideas and opinions is always good.
Have a great week!
WORLD
- VAT Talks – Raul Zambrano & Vinicius Pimentel de Freitas
- Tax specialists benefit from knowledge of tax technology
- Identical products are taxed differently, a number of hand-picked gems
- Are you planning for the Future of Indirect Tax?
- Webinar: Overcoming VAT Challenges in SAP – From calculation and reporting to VAT data management
- OECD International VAT/GST Guidelines in Spanish
- Global overview of future e-invoicing, e-filing and real time reporting – upcoming changes (status Sept 3, 2021)
- The importance of checking VRNs and the impact it can have on your business
AFRICA
- New E-Invoicing Framework To Combat Tax Evasion
- Egypt targets food delivery services with VAT
- E-Invoicing Framework to Combat Tax Evasion
- VAT rates in Malawi
- Budget 21/22: Withholding tax of 3% on the customs value of imports, increase VAT registration threshold, and more
- The tax dispute between the federal and state governments is causing confusion to the tax-payers
- Federal vs State: Who should collect VAT from Nigerians?
- Why a decentralised VAT collection model could do more harm than good, By Omotola Abimbola
- VAT legislation introduced (Lagos State)
- Ruling on VAT, Step to Restructuring, Says Farotimi
- Why VAT Cannot Work In States — FIRS
- Rivers State government orders implementation of state VAT law
- FIRS threatens those paying to Rivers govt after losing in court
- Nigerian oil state claims control of VAT in battle over nation’s wealth
- VAT Collection Saga: Again Rivers beats FIRS in court, as Wike cautions taxpayers
- FIRS loses, Lagos joins tax war as Rivers digs in
- Businesses undecided over FG, states’ tango on VAT
- Federal Government not entitled to impose nor collect any form of sales tax including VAT
- FHC Nullifies VAT Act, Other Taxes & Levies Beyond The Scope Of The Constitution
AMERICAS
- Bolivia Establishes VAT Incentives for Agricultural, Industrial Construction, And Mining Sectors
- COVID-19 Pandemic: Bolivia Introduces VAT Incentives for Agricultural, Industrial, Construction and Mining Sector
- Bolivia removes VAT on imports of capital goods for one year to reactivate production
- Peru Postpones E-Invoice and E-Receipt Implementation Deadlines for Smaller Taxpayers
- Tax Administration Extends Deadline for Implementation of Electronic Platform to Issue E-Invoices
- West Virginia Clarifies Stance on Sales and Use Tax for Streaming Services
- US launched e-Invoicing market pilot
- Indiana: Department of Revenue concludes that fleet management services provided via software-as-a-service (SaaS) model are not taxable
- Illinois: New law has fix for double collection issue in some online marketplace transactions
- Illinois: Department of Revenue suspends rules on marketplace facilitator obligations for food delivery services
- Here are the 5 states that don’t have sales tax, and what you need to know about each
- California: Q4/2021Sales and Use Tax Rates
- 5 Things To Consider When Accruing Use Tax For Manufacturing Locations in Pennsylvania
- The sales tax hike proposed by Savoy reacts differently
- Alaska State Representative Proposes State-Level Sales and Use Tax Billf
ASIA-PACIFIC
- ATO Publishes Guidance on Treatment of Supplies by Charities for Nominal Consideration as GST-Free
- As the ATO undertakes GST Assurance Reviews, are your controls, systems and data up to scratch?
- Fraud involving ITC of 33.57 crore by dealing in goods-less invoices unearthed
- Indirect Tax E-Bulletin – July 2021 by Khaitan & Co
- Is GST applicable on Reimbursement?
- No GST on landscaping and gardening work provided to Govt. Deptt. if value of goods supplied not exceeds 25% of contract value: AAR
- Madras HC: University cannot be levied Service Tax for disseminating Educational Services
- Relief for M&A: Selling business, company piecemeal shouldn’t attract GST, says AAR ruling
- Controversies on liability of GST on Supply of Capital Goods
- Packed paratha will attract 18% GST, says Gujarat AAR
- Refund of Service Tax paid under RCM allowed post implementation of GST
- Is GST applicable on Reimbursement?
- Constitute GST tribunal, apex court tells government
- Bizmen unhappy over new GST restrictions
- Postpone the GST compensation’s expiry
- Blockage of ITC only when there is valid ‘reasons to believe’ of fraudulent or ineligible credit
- A2ZTaxCorp’s Weekly GST Communique dated September 06, 2021
- Place of Supply Provisions’ for classifying a transaction as ‘Export of Service’
- Annual Return under GST law for financial year 2020-21
- Denial of Input Tax Credit under GST
- Papads or fryums, GST remains a political hot potato
- E-Way Bill not required for Transportation of ‘Used Personal Vehicle’, rules Kerala High Court
- Tax relief unlikely for auto sector in next GST Council meeting
- First Wave of Litigation in GST-The Battle Begins!
- ACB Nabs State GST Official For Bribery
- All About Block Input Tax Credit In GST
- A Compilation on Service Tax Levy on Advocates
- Place of GST Registration for Immovable Property and Works Contract Services with Examples
- Reverse Charge Under Goods and Services Tax Act
- Centre appeals against ruling on levy of GST on maintenance charges to resident welfare associations
- Papad, irrespective of shape, is exempt from GST, CBIC clarifies
- GST Council to meet on Sept 17, to review rate on Covid essentials
- Recent developments increase prospect of India-UK free trade agreement
- Indonesia Tax Agency Announces Appointment of Phase 13 VAT Collection Entities for Digital Goods, Services
- Government to bear VAT payable on rental costs of retail tenants
- A more progressive tax system – prerequisite for reintroducing the GST
- Malaysia’s SME association against GST implementation in 2022
- Study of special voluntary disclosure program for indirect tax
- Draft legislation proposes changes to GST (crypto, transport, apportionment method)
- Bill proposes to exclude digital assets from GST and 0% GST on domestic leg of international goods transport
- NSW at war with WA over GST revenue deal
- Definition of a resident (guidance)
- New Zealand Customs Service loses significant battle on customs valuation method
- Good start on digital tax
- Reduction of VAT; extended tax deadlines and waiver or reduction of penalties (COVID-19)
EUROPE
- ECJ on the late submission of invoices in VAT refunds (case C-294/20)
- ECJ C-855/19 Dyrektor Izby Administracji Skarbowej w Bydgoszczy (Judgement): Intra-EU acquisitions of motor fuels, payment of VAT within five…
- ECJ C-9/20 Grundstücksgemeinschaft Kollaustraße 136 (Opinion): May a Member State allow to claim input VAT in a different…
- ECJ C-100/20 Hauptzollamt B (Judgement): Interest applied to electricity tax refund claims according to Union law
- ECJ C-294/20 GE Auto Service Leasing (Judgement): Denial of cross border VAT refund as information was not timely provided
- ECJ C-406/20 Phantasialand (Judgment): VAT rate for amusement parks, composite supply
- ECJ C-378/21 P GmbH vs. AT (Questions): Is invoiced VAT due, and are correction invoices needed, in case they are addressed to consumers and…
- Agenda of the ECJ VAT cases – 5 decisions, 2 AG Opinions in September 2021
- Flashback on ECJ Cases – C-184/05 (Twoh International) – No obligation to request information from the authorities of the Member…
- Flashback on ECJ Cases – C-285/09 (R.) – No VAT Exemption for intra-EU supplies of goods if identity of the buyer is unknown
- Flashback on ECJ Cases – C-146/05 (Collée) – Exemption for an intra-EU supply of goods may not be refused if it has taken place and proof of such a…
- Flashback on ECJ Cases – C-84/09 (X) – Classification of a transaction as an EU supply or acquisition cannot depend on the observance of a period…
- Flashback on ECJ Cases – C-273/11 (Mecsek-Gabona) – No refusal of the exemption from an intra-EU supply on the sole ground that the tax…
- Flashback on ECJ Cases – C-21/16 (Euro Tyre) – Exemption for intra-EU supplies is granted if customer is neither registered in the VIES nor subject to a tax…
- CJEU rules on VAT exemption for “management of special investment funds”
- Flashback on ECJ Cases – C-615/16 (Kerr) – Usage rights for immovable property – Concept of “negotiation”
- How is the CJEU construing the fund management VAT exemption in light of digitalisation and outsourcing? – Part 1
- How is the CJEU construing the fund management VAT exemption in light of digitalisation and outsourcing? – Part 2
- The EU E-Commerce VAT Package: Lessons Learned Two Months On
- How are the EU IOSS VAT reforms impacting British ecommerce sellers?
- Get more VAT back = improve invoices
- Roadtrip through ECJ Cases – Focus on the Exemption for Intra-Community supplies of goods (Art. 138)
- Entrepreneur can search the database for VAT rates in EU
- Cigarette Taxes in Europe
- TEDB – “Taxes in Europe” database
- Electronic archiving, the future of trust?
- The pan-Euro-Mediterranean cumulation and the PEM Convention (as of Sept , 2021)
- VAT rates, no significant breakthrough in EU Council on existing derogations (June 2021)
- Rules amended for calculating guarantee when VAT fiscal representative is appointed
- Circular 2021/C/79 on the extension of the reduction of interest on VAT in the context of the temporary support measures due to the…
- Cyprus Interior Ministry Clarifies New VAT Rules for Cross-Border Electronic Commerce
- Regulations clarifying relief from interest and penalties on overdue taxes issued
- New Caledonia Increases VAT on Locally Manufactured Alcohol Products
- The proliferation of e-invoicing mandates
- MOF publishes comprehensive guidance on VAT treatment of travel services
- Ministry of Finance addresses VAT rules related to cultural events
- VAT deduction right of Lux PropCos owning/exploiting German real estate
- The proliferation of e-invoicing mandates
- Food market demands cut in VAT rates
- Extension of 4 months for the payment of checks and VAT to the fire victims
- Italy Clarifies Application of VAT Zero-Rating for Services Directly Related to COVID-19 Vaccines and Testing
- Broad use of 10% rate for marina resort services
- 4% rate applies also to olive oil used to produce cosmetics
- E-invoicing changes as per 1.1.2022
- VAT umbrella exemption applies to teacher pool management
- Register before 1 October for the EU VAT e-commerce scheme
- Claiming back VAT on a car without being VAT entrepreneur
- Deduction of input tax for embezzled goods
- No reduced VAT rate for online sports platform
- Director of two cooperatives not a VAT entrepreneur
- Higher education for the elderly VAT exempt
- Online sports platform provider not entitled to a reduced VAT rate
- Tax adviser of cooperatives is VAT entrepreneur
- New VAT return in Norway from 2022
- Norway’s electronic VAT returns: Are you ready for the new requirements?
- Companies may only be part of one VAT group
- SLIM VAT 2 – entry into force on October 1, 2021 and January 1, 2022.
- E-commerce VAT package – tax explanations
- Reduction of taxable amount in case of indirect cash bonus
- Tax clarifications of September 1, 2021 regarding the so-called e-commerce VAT package
- Reminder – Obligation To Use Certified Invoicing Software Has Entered Into Force
- How to register series and get validation code for ATCUD?
- Unexpected DAC6 reporting obligations may arise in Portugal
- New reporting obligation („SAF-T”)
- Webinar SNI: Are you ready to discover Mandatory SAF-T D406 in Romania? (Sept 8)
- Imported goods are returned to the non-resident seller: what are the VAT consequences?
- In case of change of location by the business entity, the account number in the VAT SER does not change
- VAT taxation of goods export transactions under commission agreements
- When is the submission of Annex 4 to the VAT return mandatory?
- Factoring transactions are not subject to VAT: under what conditions?
- 20% VAT rate on certain types of agricultural products has been resumed
- Ukraine Clarifies VAT Liability for Certain Cross Border Services Provided to Non-Residents
- Recent developments increase prospect of India-UK free trade agreement
- Report on Tax Tribunal performance published
- HMRC Policy paper: Extension of Making Tax Digital for VAT
- Completing your VAT Return? – How to deal with Import VAT issues
- Get ready for 12.5% VAT
- New rules for Uncertain Tax Treatments
- Holiday lets, the reduced rate of VAT and booking agents
- Managing Your Charity’s VAT
- More problems with import VAT statements
- Mergers and acquisitions – don’t forget the VAT
- VAT Exemption: Insurance and related services
- VAT To Consider With Farm Diversification
- What is Import VAT and what is C79 Certificate?
- VAT Recovery on Cars and Expenses
- VAT rate change for hospitality businesses from 1 October 2021
- EU VAT: No supply, no onward supply relief
- HMRC has misfired on electric car VAT rules, opinion
MIDDLE EAST
- Israel MOF Seeks Comments on Draft Memorandum to Impose VAT on Digital Services
- Israel Provides Extension for VAT Returns Normally Due in September
- Israel plans digital services VAT for foreign companies
- The proliferation of e-invoicing mandates
- ZATCA clarifies VAT exemption KSA Nationals educational services
- Pagero named qualified e-invoicing solution provider by ZATCA
- State to bear VAT on private educational services to citizens
- Tax and Customs Authority Details VAT Application on E-Commerce
- Underlying Supply – Determines VAT on Recharges
- VAT Refund Scheme for Official Participants in Expo 2020
