BKR International -Tax Meeting, Amsterdam 26 November 2012 EU VAT HARMONISATION STILL A LONG WAY TO GO

Similar documents
MFFA Belastingadvies Tax Advice

Multi Country Inventory (MCI) shipments and VAT

COMMISSION STAFF WORKING DOCUMENT. on the implementation of the definitive VAT regime for intra-eu trade

COUNCIL OF THE EUROPEAN UNION. Brussels, 23 June 2010 (OR. en) 10858/10 Interinstitutional File: 2009/0009 (CNS) FISC 60

VAT Treatment of Cross Border Transactions in the Single Market

Explanatory notes VAT invoicing rules

VAT: Changes to VAT invoice rules. Summary of Responses 17 December 2012

Key Feature. VAT Insight Issue No. 2012/04 December New VAT invoicing rules to apply in Malta. Applicable rules for invoicing

VAT Certificate Course

VAT and Taxation of the Digital Economy. David O'Sullivan DG TAXUD

VAT PROFILE, LATVIA. SORAINEN 2012 All rights reserved

Basic Rules of Issuing Invoices and Receipts 2014

GLOBAL INDIRECT TAX. Netherlands. Country VAT/GST Essentials. kpmg.com TAX

Address Bedrijvenzone Machelen Cargo Machelen. Taxe sur la Valeur Ajoutée (TVA) or Belasting over de Toegevoegde Waarde (BTW)

When developing your Marketing Plan you will need to consider some important factors such as:

VAT invoice requirements in Germany

European VAT - Business and Taxation Guide EUROPEAN VALUE ADDED TAX (VAT)

VAT in the European Community APPLICATION IN THE MEMBER STATES, FACTS FOR USE BY ADMINISTRATIONS/TRADERS INFORMATION NETWORKS ETC.

VAT guide for small businesses. VAT guide

- Assessment of the application by Member States of European Union VAT provisions with particular relevance to the Mini One Stop Shop (MOSS) -

Guide to the VAT mini One Stop Shop

LEGAL REQUIREMENTS FOR ONLINE SALE IRELAND

EU: 2015 Place of Supply Changes Changes to the VAT place of supply for e-services

ETNO Reflection Document on EC consultation: VAT The place of supply of services to non-taxable persons

The new 2015 EU VAT rules on the place of supply - the overview

VAT GENERAL INFORMATION FOR BUSINESSES

This Information Sheet explains the changes to VAT invoicing from 1 January 2004.

Policy guidelines on VAT and electricity trade. 8th Region Round table

VAT: Prompt Payment Discounts

VAT CHANGE OF THE STANDARD RATE TO 20 PER CENT: A DETAILED GUIDE FOR VAT-REGISTERED BUSINESSES

VAT Rules for supplies of Broadcasting, Telecommunications and Electronic Provided Services

Penalty regime Trade with EU VAT Advice helpline: Adrian Houstoun Gail Pitchley Geraint Lewis Luke Webster

GLOBAL INDIRECT TAX. Thailand. Country VAT/GST Essentials. kpmg.com TAX

TELECOMUNICATION, TELEVISION & RADIO BROADCASTING AND ELECTRONICALLY SUPPLIED SERVICES JANUARY 2015

Turnover Tax in the Netherlands

55 Amendment of section 1 (interpretation) of the VAT Act 1972

Ministry Of Finance VAT Department. VAT Guidance for on the Treatment of Motor Vehicles Version 4: November 1, 2015

GLOBAL INDIRECT TAX. Germany. Country VAT/GST Essentials. kpmg.com TAX

HEALTH SERVICE EXECUTIVE NATIONAL FINANCIAL REGULATION VALUE-ADDED TAX NFR-16

The Vagaries of International VAT Including the Recent Introduction of MOSS! Melanie Lord, VAT Specialist Streets Chartered Accountants

Selling goods online and providing electronic services to private customers within the EU

European Commission Expert Group on Taxation of the Digital Economy. Jaap Tilstra and David O'Sullivan DG TAXUD Paris, 30 June 2014

Report on further research into the impact of Missing Trader Fraud on UK Trade Statistics, Balance of Payments and National Accounts

Declaration of Intrastat, VAT and EU Sales without VAT Special concepts

Malta: Country VAT Essentials

RELEVANT TO ACCA QUALIFICATION PAPER F6 (UK) AND PERFORMANCE OBJECTIVES 19 AND 20

VAT Refunds Irrecoverable Tax A Country by Country Detailed Guide

VAT on Telecommunications Services

Other notices on this or related subjects

Processing Value Added Tax (Schools)

Name of the firm Trade and tax. Address Deken van Baarsstraat 8-A. Remon Kums Tel. No.

11 VAT on Intra-Community Trade

Revision of Consumption Taxation on Cross-border Supplies of Services

TOLLEY S VALUE ADDED TAX 2014 (SECOND EDITION)

Studying Paper F6 Performance objectives 19 and 20 are relevant to this exam

2016/17 TO... GUIDE TO... GUIDE TO FOR ELECTRONIC USE ONLY

Proposed implementation of a VAT regime in Puerto Rico and a GST regime in India in 2016

Basic Rules of Issuing Invoices and Receipts 2016

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration VAT and other turnover taxes

VALUE ADDED TAX COMMITTEE (ARTICLE 398 OF DIRECTIVE 2006/112/EC)

EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration VAT and other turnover taxes

ECOMMERCE FORUM AFRICA (EFA)

FINANCE ACT 2011 VALUE-ADDED TAX NOTES FOR GUIDANCE

Value-Added Tax (VAT)

UK Trade Statistics and the Impact of Missing Trader Intra- Community Fraud

Guide on the New Place of Supply of Services Rules

CROSS BORDER SUPPLIES OF INTANGIBLE SERVICES, RIGHTS AND DIGITAL CONTENT

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

VAT in the European Community APPLICATION IN THE MEMBER STATES, FACTS FOR USE BY ADMINISTRATIONS/TRADERS INFORMATION NETWORKS ETC...

This guide explains the basics of how VAT works. It tells you where you can find more information and advice. On this page:

VAT GENERAL INFORMATION FOR BUSINESSES

SETTING UP IN. France FACTS & FIGURES

Brexit The Luxembourg tax angle

Onshore Bond for Wrap Key Features

VALUE ADDED TAX ANALYSIS AND SOME CURRENT ISSUES

COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT. Accompanying the document. Proposal for a Council Directive

Supply Chain Distribution Model: European Expansion. April 28, 2015 ISM NY Webinar Retail and Consumer Goods Industry Webinar

Welcome. VAT news from the Isle of Man I hope you enjoy our newsletter.

& Your pocket guide to VAT on digital e-commerce

Fundamentals Level Skills Module, Paper F6 (IRL)

SHAREVIEW. Your guide. to tax planning for your Sharesave maturity. Keeping it simple

If you are VAT registered you must charge VAT on the products or services you sell.

Indirect Tax. Changes to the place of supply rules in How do they affect egaming?

Pensions - Tax Reliefs

Mobile Telephones & CPU Businesses - Reverse Charge Update

Union Customs Code. Effective May 1, Customer Guide

TAXATION AND THE TRADING OF CARBON CREDITS

The ConocoPhillips Share Incentive Plan EXPLANATORY BOOKLET

INTERNATIONAL PRODUCTION IN AUSTRALIA

VAT on gold and silver in Switzerland and the EU

Ministry Of Finance VAT Department. VAT Guidance for Financial Services Version 4: June 09, 2015

VAT and cross border supplies of digital services

Notes to help you apply for VAT registration checklist where to send your application Glossary About Corporate body the business

Company Taxation. There is no difference in treatment in determining the profits and income from any source of a company.

Social and Legal Issues in Informatics. E-Commerce

Be prepared for Value Added Tax in Denmark

CHAPTER III THE INCIDENCE, LEVY AND RATE OF TAX. 9. There shall be levied in accordance with the provisions of this Act,

International Factors Group Model Law of Factoring

Information Sheet: VAT on private pleasure craft

Transcription:

BKR International -Tax Meeting, Amsterdam 26 November 2012 EU VAT HARMONISATION STILL A LONG WAY TO GO Alan Pearce VAT Partner - Blick Rothenberg London

VAT harmonisation where are we? European Commission report on the future of VAT (December 2011): Working towards a simpler, more robust and efficient VAT system tailored to the single market Origin system abondoned after almost 20 years now considered politically unachievable EU VAT system based on destination principle first sustained efforts in this regard since 1993 But no mention of harmonisation on standard rates, registration thresholds, etc.

The EU Commissions priority initiatives 1. The One Stop Shop (B2C) Implementation expected 1 January 2015 for telecoms, broadcasting and electronic services high priority with a broadening of this concept for other supplies going forward 2. Standardising VAT obligations New invoice requirements from 1 January 2013 with the same approach to be adopted for other obligations, e.g. registration 3. A more efficient VAT system Restricted use of reduced VAT rates with clear and binding information of eligible goods and services Proposals in 2014 to define the taxation of intra-eu trade 4. Measures to combat VAT fraud

Changes to invoice requirements Implementation date : 1 January 2013 Removes the requirement to issue a VAT invoice for exempt supplies Removes the requirement to use specific technology such as electronic signatures and EDI EU wide simplified VAT invoices for supplies under 250 ( 300) Standard references on invoices to support the VAT treatment: Exempt Margin Scheme: works of art; antiques or collectors items; second hand goods; or tour operator, as appropriate Self-Billing Reverse Charge removing the requirement to quote EU or country specific legislation

Change to UK registration threshold Implementation date : 1 December 2012 Nil threshold for non-established businesses All other thresholds remain: 77k for UK established businesses highest in the EU? 70k for EU distance sales - 100k or 35k in most other Member States

Place of supply of goods General Rule : Where the goods are located at the time of supply Intra EU : Where dispatch or transport of the goods to the person acquiring them ends Therefore most B2B transactions are dealt with under the EU acquisition rules (reverse charge by customer) with the exchange of VAT ID numbers required

Transfer of own goods Goods moved from one EU Member State to another without change of ownership The EU movement of own goods is a Deemed Supply for VAT purposes Normally results in the business having to register in the country of arrival in order to comply with the acquisition rules (account for reverse charge) and then account for the onward sale

Call off stock Arrangement where goods are moved and stored at under the customer s control but ownership (legal title) does not transfer until stock is called off by the customer NB: This is different to consignment stock where the supplier retains control of the goods Customer can chose to account for the acquisition VAT to avoid supplier having to register in the customer country Availability and conditions differ in each EU Member State

Person liable to account for VAT Article 194 of EU Directive 2006/112 states: Where the taxable supply of goods or services is carried out by a taxable person who is not established in the Member State in which the VAT is due, Member States may provide that the person liable for payment of VAT is the person to whom the goods or services are supplied Is this a simplification?

UK s position The UK has not adopted Article 194 Therefore, unless the call off stock procedure is adopted a nonestablished business holding stock in the UK would need to register for VAT (unless the goods are zero-rated or subsequently exported or sold and removed to customers outside the UK) Remember current 77k threshold will be removed from 1 December 2012 for all non-established businesses

Dutch position The Netherlands has fully implemented Article 194 This allows non-established businesses to move stock to the Netherlands (and even buy and sell stock that remains in the Netherlands) without having to register Provided the onward sale is to a Dutch VAT registered customer who accounts for acquisition VAT (reverse charge)

French position France has adopted Article 194 with specific conditions Non-established businesses can move stock to France without the need to register provided it is sold to a French registered customer within 3 months of arrival French registration is required for sales made where the goods are removed out of France (even though no French VAT is payable) or if the non-established businesses is expected to retain ownership in France for more than 3 months

Opportunities for BKR member firms Harmonisation of EU VAT rules - still a long way to go Basic principles are the same, but compliance obligations differ significantly from country to country In addition, there is a long list of EU derogations and optional simplifications that Member States MAY adopt There are also many areas where Member States interpret the law differently when adopting EU legislation into domestic law Use of local resources is often essential to service the needs of clients involved in international and EU cross border supplies