VATupdate.com Daily Newsletter – December 23 – 25, 2023

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Headlines December 23-25, 2023

• VAT Committee will discuss (and actually already discussed) Italy’s VAT assessment on free provision of social media
• ECJ VAT Cases – Pending cases
• E-Invoicing & E-Reporting developments in the news in week 50&51/2023
• France – Finance bill of 2024 was adopted, mandate timeline E-Invoicing is settled

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• VATupdate Newsletter Week 50 2023
• E-Invoicing
  • Worldwide Upcoming E-Invoicing mandates, implementations and changes – Chronological
  • Timeline of B2B E-Invoicing & E-Reporting mandates in the European Union
  • E-Invoicing & E-Reporting developments in the news in week 48 & 49/2023
  • Worldwide updates on E-Invoicing/Real Time Reporting/SAF-T in November 2023
• ECJ
  • ECJ VAT cases decided in 2023 incl. Case # and name, Articles discussed, Topic, Questions and Decision
  • Agenda of the ECJ VAT cases – 4 Judgments, 1 AG Opinion, 1 Hearing announced till January 18, 2024
  • 971 ECJ VAT Cases are now available on www.vatupdate.com
  • This is what happened in the ECJ (VAT) in November 2023 … A Month of Relative Inactivity
• VAT Rates
  • Noteworthy VAT Updates and Rate Changes in November 2023
  • Stay tuned on upcoming VAT rate changes in Asia Pacific
  • Stay tuned on upcoming VAT rate changes in Europe

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ADVERTISEMENT/ WORLD

• Advertising: G2 customer reviews: What people are saying about Axway products

ARGENTINA

• Amendments to Argentina’s Customs Code and Foreign Trade Regulations: Decree of Public Emergency

BAHRAIN

• NBR Conducts 155 Inspection Visits, Imposes Fines and Closes Businesses in November 2023

BELGIUM

• Belgian VAT chain reforms delayed to 2025

BOLIVIA

• Bolivia: Updated Rates of Specific Consumption Tax for 2024 on Various Products

BRAZIL

• Federal Government Implements New Taxation Rules on ICMS Benefits with MP 1185
• Newly released technical note introduces the event of Delivery Failure to goods e-invoice

CANADA

• Canada’s Bill C-59 to implement outstanding indirect tax measures receives first reading

CARIBBEAN NETHERLANDS

• Caribbean Dutch Tax and Customs Administration Announces 2024 Tax Changes, Including VAT Integration Levy Abolition

DENMARK

• Changes in VAT Practice for Sale of Building Plots with Buildings Intended for Demolition
• City Court Decision Upholds Tax Agency’s Denial of VAT Deduction for Alleged Subcontractor Invoices
• Danish Tax Court Decision Clarifies Permanent Establishment Rules for German Company
• Denmark Tax Agency Denies VAT Deduction for Inaccurate Invoices from Subcontractors
• Taxpayer was the rightful income recipient and VAT subject for bank deposits

ECJ

• ECJ VAT Cases – Pending cases
• New ECJ VAT Case C-794/23: Finanzamt Österreich
• Comments on ECJ C-288/22: VAT Ruling: Director Remuneration and Economic Activity
• New ECJ VAT Case C-796/23: Česká síť vs. Czech Republic
• Flashback on ECJ cases C-347/90 (Bozzi) – VAT Directive: States Allow Supplementary Contributions for Lawyers
• Flashback on ECJ Cases – C-151/08 (Renta) – Article 401 of the EU VAT Directive Allows Gradual Tax on Property Transfers

ESTONIA

• Estonia’s VAT Rate to Increase in 2024, Press Publications to See Reversal in 2025

EUROPEAN UNION

• VAT Committee will discuss (and actually already discussed) Italy’s VAT assessment on free provision of social media
• Commission Publishes Default Values and Updated Guidance for CBAM Transitional Period
• Default Values for the Transitional Period of the EU CBAM published
• EU : VAT rates monitoring – Changes for 2024
• EU Decision: Electronic Systems Work Programme and Deployment
• Intrastat Thresholds 2024: Complete Guide for EU Trade and Declaration Requirements
• Leveraging EN-16931 for e-invoicing compliance in and outside Europe

EUROPEAN UNION/ITALY

• Italian Tax Claim Against Facebook Parent Meta Escalated to EU Commission’s VAT Committee

EUROPEAN UNION/ NETHERLANDS

• Dutch Perspective on ECJ case: Luxembourg Board Member of the Board of Directors is not liable for VAT on profit-dependent director’s remuneration

EUROPEAN UNION/ THAILAND

• The Carbon Border Adjustment Mechanism (CBAM) and how it can affect Thai exporters

FRANCE

• Finance bill of 2024 was adopted, mandate timeline E-Invoicing is settled
• French Senate Approves New E-Invoicing Timeline, Implementation Set for September 2026

GERMANY

• Expiration of Reduced VAT Rate in Gastronomy on December 31, 2023: New BMF Letter with Non-Objection Regulation for New Year’s Eve

GHANA

• Parliament Approves VAT Amendment Bill 2023 and 2023 Appropriation Bill
• Parliament Swiftly Passes VAT Amendment Bill Ahead of Christmas Recess

GREECE

• Changes to myDATA & e-invoicing introduced with new tax law in Greece
• EPPO Raids Criminal Organization in Greece for €36 Million VAT and €9 Million Subsidy Fraud
• Law published on permanent reduction of VAT on non-alcoholic beverages
• New extended transitional period (01.4.2018 to 31.12.2024) for ships mainly operating in open seas for VAT exemptions

INDIA

• GSTN introduced a new feature ‘Grievance Against Payment (GST PMT-07)’ on the GST Portal
• India GST rate consolidation 2024
• ITAT Weekly Round Up
• Supreme Court and High Court Weekly Round-Up
• Valuation rules for GST on e-gaming platforms effective prospectively: FM

ITALY

• 22% VAT applies to pellet products, according to the Italian Revenue Agency
• Applicable VAT rate for “vegetable pellet of grape seed pomace”
• Excess VAT Payment in Split Payment Operations – Request for Refund
• How to request a refund for excess VAT paid: Split payment procedure explained
• Recoverable excess VAT paid through split payment for operations
• Right of Recourse for Higher VAT Assessed Even in Case of Facilitated Definition of Adherence Act
• Right of recourse of the transferor of the higher assessed VAT
• The Cedent’s Right to Charge VAT Paid for Facilitated Adhesion to the Incorporating Entity

JAPAN

• SAP: Enabling Changes to Japan Consumption Tax Invoices in SAP Buying and Invoicing

KAZAKHSTAN

• Kazakhstan’s Official Gazette Publishes Law Amending Tax Code, Exempting Digital Asset Sales from VAT

KENYA/ TANZANIA

• Significant Changes to Tax Legislation in East Africa: Deloitte Interview with Patrick Chege

NETHERLANDS

• Changes to the office building transformed into a hotel are not so drastic that they essentially create a new building
• Court rules high VAT rate applies to service fee for buying and selling tickets
• Updated Explanation of Table II Application under the VAT Act 1968

NIGERIA

• FIRS Implements Digital System to Collect VAT from Informal Traders in Nigeria

NORTH MACEDONIA

• North Macedonia Imposes VAT on Foreign Digital Services from 2024

NORWAY

• Amendment to Value Added Tax Regulations: Ownership of Motorcycles in Reindeer Husbandry

PAKISTAN

• FBR Introduces Simplified Procedure for Sales Tax Collection on Used Vehicles
• Pakistan Opens Customs Clearance on Last Two Days of 2023 to Boost Revenue and Trade

PARAGUAY

• Paraguay Updates E-Invoicing Regulations: New Types of Invoices and Expanded Obligations

PHILIPPINES

• Philippines to Impose VAT on E-Services Starting March 2024

POLAND

• Ministry of Finance Working on Guidelines for Foreign Entrepreneurs Regarding KSeF
• Temporary Access Difficulties in the Test Environment of the National e-Invoice System

ROMANIA

• E-Invoicing in Romania: Complete Guide
• Romania passes further legislation addressing fiscal measures and electronic invoicing
• Romania Releases User Guide for Mandatory B2B E-Invoicing Starting Next Month

RUSSIA

• Expanded list of goods subject to 10% VAT according to Federal Law No. 611-FZ

RWANDA

• Government Commits to Resolving VAT Refund Delays by 2024

SAUDI ARABIA

• Saudi Arabia issues guideline for Special Integrated Logistics Zone

SOUTH AFRICA

• SARS Implements VAT Estimated Assessments to Improve Compliance: Guidelines and Protests

SPAIN

• Government of Spain Publishes New Version of T2L Technical Specifications Adapted to CAU
• Spanish Certified Billing Obligation by 2025
• Spanish Tax Authority Releases VERI*FACTU Certified Billing Systems Specifications

SRI LANKA

• Impact of New VAT on Software and Digital Service Providers in Sri Lanka

SWEDEN

• Swedish Tax Court Clarifies VAT Treatment of Benefit Bicycles Provided by Employers

SWITZERLAND

• Switzerland to Abolish Import Duties and Simplify Tariff Structure for Industrial Goods

TAIWAN

• Taiwan Extends Tax Relief Measures in Response to Russia’s Invasion of Ukraine

THAILAND

• The Impact of the Carbon Border Adjustment Mechanism (CBAM) on Thai Exporters

UKRAINE

• Court supports tax authorities’ position on increasing VAT liability amount.

UNITED ARAB EMIRATES

• E-Invoicing Requirements in the United Arab Emirates: An In-Depth Guide

UNITED KINGDOM

• Can HMRC refuse VAT registration?
• UK Government announces adoption of Carbon Border Adjustment Mechanism (UK CBAM)

UNITED STATES

• Considering a VAT: A Potential Solution for Taxation and Debt
• Florida DOR Warns of Potential Compliance Issues for Merchants Making Sales through Delivery Network Companies
• Florida to Hold Second Back-To-School Sales Tax Holiday in January
• Iowa DOR Reminds that Exemption for Certain Purchases of Computers and Peripherals Expires December 31
• Iowa: Proposed Rule Changes Address Resale and Manufacturing Exemptions, Remote and Marketplace Sales, and Digital Products
• Michigan Department of Treasury Provides Guidance on Sales and Use Tax Refund Procedures
• New Mexico tax department adopts rules clarifying when receipts from digital advertising services are taxable
• Tennessee: Customized Software Services Deemed Taxable and Cannot be Allocated to Out-of-State Users
• Tennessee: Updated Tax Manual Reflects Adoption of Streamlined Sales Tax Sourcing Provisions
• Texas Economic Nexus: Sales Tax Requirements for Out-of-State Businesses Explained
• Understanding Arizona’s Economic Nexus: Sales Tax Requirements for Out-of-State Businesses

WORLD

• E-Invoicing & E-Reporting developments in the news in week 50&51/2023
• Sovos E-Book: The Role of IT in the Face of New Regulations and Mandates
• VATupdate.com Daily Newsletter – December 21 & 22, 2023

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