toepassing de Innovatiebox

Transcription

1 Indirect Tax Tax Group Amsterdam Amsterdam Indirect Tax De Supply Chain toepassing Management vantool de Innovatiebox

2 Significant Savings and Opportunities by Effective Supply Chain Management In order to comply with all indirect tax obligations, it is important that supply chains are correctly implemented from an indirect tax perspective. It is essential that indirect tax specialists are involved from the start of a supply chain structuring. With our tool we can offer you to make your company tax compliant. For companies, it is crucial to be tax compliant in order to submit correct VAT returns, customs declarations and excise declarations to the local authorities, issue VAT compliant invoices and comply with other indirect tax obligations. Further, optimised indirect tax supply chain management within your company may result in significant savings and opportunities, such as reducing of registration and compliance requirements, improving of cash flows and being in control. Based on our experiences our tool is also very helpful in quantify and qualify possible exposures from the past. Baker & McKenzie s Integrated Approach Baker & McKenzie has developed an integrated approach for indirect tax supply chain management, based on the following pillars: Teamwork and collaboration: We are an integrated VAT and customs team and have worked together on many significant and successful international business models and supply chain restructuring projects. Our objective is to make it easy for you; therefore we will work with you as your dedicated in-house external legal counsel. Experience: We utilize a number of key measures we ourselves have tested to ensure the smooth running of large supply chain projects. Commercial pragmatism: We are known for being commercially pragmatic, finding practical solutions and providing work product that is effective, yet concise. Indirect Tax Supply Chain Management Tool Our Indirect Tax Supply Chain Management Tool brings added value towards your business in various qualities. It is a practical management tool providing you with insight in and control of the complex supply chains and related indirect tax processes within your organisation. As such, our tool is a solid fundament for building an Indirect Tax Control Framework in your organisation. Further, our Indirect Tax Supply Chain Management Tool is the basis for ERP implementations. We are, together with our trusted business partners, able to successfully implement such tool into your ERP environment.

3 The Indirect Tax Supply Chain Tool: How it works Phase I In-depth review and mapping Phase I is designed to identify all relevant transactions for indirect tax purposes. This is done on the basis of different sources of information such as interviews and in-depth questionnaires. The outcome of this first phase will be a detailed mapping of all relevant transactions. Phase II Detailed Indirect tax analyses of mapping The mapping of all relevant transactions resulting from Phase I is the starting point for Phase II. During Phase II, the transaction mapping will be analysed and per transaction, or even per invoice, detailed indirect tax comments will be added. Transaction-by-transaction indirect tax comments are the perfect guidelines for the implementation, restructuring and management of a supply chain. The comments include all relevant information, such as amongst others, applicable indirect tax treatment of transactions, invoice requirements, local registration obligations, applicable Inco terms, compliance regulations, cash flow saving opportunities, et cetera. Phase II is tailor-made; based on your preferences and specific information. Phase III Implementation This phase concerns the effective configuration of the supply chain and will consist of narrow cooperation and teaming with your project team on the implementation. This implementation includes preparation of macro-step plans, preparation of detailed individual step plans (e.g. operating manuals) for the jurisdictions involved and an implementation of the structure following the step plan and changes in relevant jurisdictions of the indirect tax setup. Based on these steps we can, depending on your specific needs on the actual implementation, implement your EPR system. Phase IV Going live and support After various test sessions during which the obtained structure will be tested in regard to the compliancy for indirect tax purposes, the restructured supply chain is ready to go live. After going live, indirect tax relevant processes will be monitored and reviewed. Further, the dedicated Baker & McKenzie team will be available for staff training, manual reviews and (regular) indirect tax updates.

4 Examples of our deliverables Scenario 744a Scenario 744a Excise duties comments 2. Import: FR Scenario 744a falls under the Intra-Community movement of excise goods and is to comply with the following requirements under the Excise Movement and Control System (EMCS): The excise goods will be customs cleared at point of entry in France and can accordingly be moved within the EU as follows: Transport of excisable goods is taking place under the suspension of excise duties: the logistics services provider appointed by Sunshine Production SA must verify that Stock Location IT has an excise warehouse Authorisation or acts as a registered consignee or holds an authorisation to receive and use excise goods under relief of excise duties, by validating the registered number(s) in the SEED (System of Exchange of Excise Data); the logistics services provider appointed by Sunshine Production SA will submit a draft electronic administrative document ( e-ad ) to the FR competent authorities using the EMCS; FR competent authorities will verify the data in the draft e-ad and upon approval assign a unique administrative reference code and forward it to the IT competent authorities; 1 Scenario 744a IT competent authorities will forward the e-ad to the Stock Location IT; the logistics services provider appointed by Sunshine Production SA will provide the person accompanying the excise goods with a printed version of the e-ad mentioning the unique administrative reference code which is to be presented upon request throughout the movement under excise duty suspension arrangement; Stock Location IT will submit a report of receipt of the excise goods using the EMCS to the IT competent authorities; IT competent authorities will verify electronically the report of receipt and upon approval confirm the registration of the report of receipt to Stock Location IT; IT competent authorities will forward the report of receipt to the FR competent authorities; FR competent authorities will forward the report of receipt to the logistics services provider appointed by Sunshine Production SA which can accordingly forward the report of receipt upon request to Sunshine Production SA. VAT - Administrative obligations ITALY FRANCE SWITZERLAND THE NETHERLANDS Scenario 744a VAT comments Invoicing obligations VAT registration requirements VAT return filing obligations Administrative requirements Country specific requirements 1. Invoice production (local supply in Switzerland within Sunshine VAT group): 0% CH VAT applicable Specific reference on invoice to intra-vat-group supply 2. Export from Switzerland and import into France by Sunshine SA: 0% CH VAT applicable (CH export documents issued in the name of Sunshine SA or Sunshine Production SA and should be kept by Sunshine SA or Sunshine Production SA) Import subject to FR VAT Person liable for FR Import VAT is Sunshine SA VAT paid to Customs Authorities (no reverse charge on local VAT return) o No reference on local VAT return of Sunshine SA FR VAT no. Import VAT declared as deductible VAT on local VAT return of Sunshine SA FR VAT no. o Customs documents used for custom clearance must be maintained to support VAT recovery No reference on DEB/Introduction Possibility to exempt from VAT using either Regime 42 VAT exemption ( import followed by subsequent intra community supply of goods) or Regime AI2 ruled by Article 275 of CGI ( VAT relief for exporters and intra EU suppliers) 3. Invoice - transaction Moonlight Netherlands BV (intracommunity supply under FR VAT no. Sunshine SA): THE PRODUCTS WILL BE SHIPPED IN RELATION TO THIS TRANSACTION 1 0% CH VAT applicable and mentioned (!) on invoice (copy of CH export documents remitted to Sunshine SA or Sunshine Production SA) Supply to be reported in CH VAT return 0% FR VAT applicable Specific reference to Intracommunity supply on invoice FR VAT no. Sunshine SA on invoice IT VAT no. Moonlight Netherlands BV on invoice Sunshine SA should report intracommunity supply in FR VAT return Sunshine SA should report intracommunity supply to IT in the DEB/expedition; i.e. the return combining both Intrastat and EC sales list ʻBilled to Sunshine SAʼ and ʻShipped to delivery address Sunshine SAʼ on invoice 4. Invoice for marketing fee (supply of service): No NL VAT applicable NL VAT no. Sunshine Netherlands BV on invoice No CH VAT on invoice; no import of services to be self-assessed by Sunshine SA 1

5 Working with us Baker & McKenzie brings value to your business. We offer our clients the benefit of our experience, but success is achieved not only through leveraging our collective and integrated capabilities but also in our belief that there s no one size fits all. We carry out a collaborative approach to working with our clients on a day-to-day basis. Our approach is based on four key principles of best practice. Philosophy: We provide integrated planning and project management through close cooperation of our tax practice group and with any other practice groups in order to maximise efficiencies, to expedite the restructuring process, and, of course, to meet your business objectives. We work as a team with you. The involvement of key constituencies from the company is vital. Execution of our Philosophy: We have centres of excellence across Europe to plan, coordinate supply chain restructuring processes, spearheaded where necessary by experienced multi-disciplinary teams. We will coordinate your objectives and needs within applicable local laws and regulations to deliver shareholder value with less business risk. Our teams will apply proven project management skills to ensure appropriate anticipation of the likely tax, legal and practical issues, efficient project staffing, timely delivery, and a plan that works for your business. Project Management: We are accustomed to working with clients on complex multijurisdictional projects which require sophisticated project management and this is an area in which we excel. We have extensive experience in business model restructuring across the region and globally. We are flexible and can mirror your preferences in our team structure. Methodology: We can assist in assessing the constraints of supply chain models, and in implementing our conclusions. We will work with you to align timing and sequencing priorities. We will work with you to identify and meet your key objectives, business goals and priorities in the implementation. Baker & McKenzie s European Indirect Tax practice group has over 26 offices in Europe with indirect tax specialists to provide comprehensive advice on supply chain management. Further, we have the most well-developed global tax group outside of the Big 4 accountancy firms and do not have independence issues surrounding the provision of tax services under the Sarbanes Oxley provisions or otherwise relating to auditor independence. In addition, Baker & McKenzie applies an attorney-client privilege in its relations with clients and (tax) authorities.

6 Baker & McKenzie has been global since our inception. It is part of our DNA. Our difference is the way we think, work and behave we combine an instinctively global perspective with a genuinely multicultural approach, enabled by collaborative relationships and yielding practical, innovative advice. With 3,750 lawyers in 40 countries, we have deep understanding of the culture of business the world over and are able to bring the talent and experience needed to navigate complexity across practices and borders with ease. Visit to learn more. For more information, please contact: Folkert Idsinga [email protected] Mirko Marinc [email protected] Erik Scheer [email protected] Roger van de Berg [email protected] Jan Snel [email protected] Maurice Schouten [email protected] 2011 Baker & McKenzie. All rights reserved. Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a partner means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an office means an office of any such law firm.