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Global Indirect Tax News

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Global Indirect Tax News

Monthly newsletter covering VAT, goods and services tax, sales tax issues, and customs and trade issues around the globe.

June 2015

Featured articles:

Americas

  • Canada: An increase has been announced to the provincial component of the Harmonized Sales Tax rate in Newfoundland and Labrador.
  • Costa Rica: There is a new procedure for processing requests for customs duties credits or refunds.
  • Costa Rica: There are new rules to regulate Authorized Economic Operator status in Costa Rica.
  • Costa Rica: There has been an update to the taxes on beer, carbonated drinks, syrups for ‘post mix’ beverages, and wine.
  • Puerto Rico: A VAT regime will apply as from 1 April 2016.
  • United States: Nevada Assembly Bill 380 was signed into law on 27 May 2015. Effective 1 July 2015, the new law creates new affiliate and ‘click-through’ nexus presumptions.
  • United States: Tennessee's Revenue Modernization Act creates a presumption of click-through nexus for sales and use tax purposes effective 1 July 2015. The Act also expands sales and use tax on the use of computer software.
  • Costa Rica-Canada: There are new rules for the administration of tariff preference levels for textiles and clothing under the Costa Rica-Canada FTA.

Asia Pacific

  • China: There has been a duty reduction on selected daily consumer products.
  • India: The Finance Act, 2015 has been enacted, including indirect tax changes.
  • India: There have been changes to service tax rates, and an amendment to the CENVAT Credit Rules, 2004.
  • India: A Tribunal has held that a service was to be considered as export of service, even though the consideration was received in Indian currency, through a Foreign Inward Remittance Certificate.
  • Singapore: A new permit condition has been imposed for liquor and tobacco products imported in containerized packing.
  • South Korea: From 1 July 2015, foreign suppliers of digital services to Korean customers will be subject to VAT, regardless of whether they have a presence in the country.
  • South Korea-China: The South Korea-China Free Trade Agreement was formally signed on 1 June 2015.
  • South Korea-Vietnam: The South Korea-Vietnam Free Trade Agreement was formally signed on 5 May 2015.
  • Vietnam-Eurasian Economic Union: A Free Trade Agreement was signed between the Eurasian Economic Union and Vietnam on 29 May 2015.

EMEA

  • European Union: There is a CJEU Advocate General’s opinion on services provided to a fund investing in real estate.
  • European Union: The European Commission has published a study on low value consignment relief.
  • Denmark: From 1 July 2015, import VAT will apply to imported magazines, newspapers, etc.
  • Denmark: There is further news on the reverse charge on gas and electricity.
  • Finland: The Supreme Administrative Court has published a ruling regarding the VAT treatment of financial services.
  • Finland: The tax authorities have provided written guidance on the VAT treatment of sales of wild berries and mushrooms.
  • Italy: The European Commission has rejected Italy’s request to introduce a reverse charge mechanism for large-scale retail business.
  • Italy: The tax authorities and Assonime have both issued clarifications regarding the procedure and time limits for the new voluntary regularization.
  • Italy: The tax authorities have provided official clarification of the VAT treatment of the transfer of money by public administration organizations to educational entities.
  • Italy: The Ministry of Finance has stated that companies whose business activity qualifies under ATECO CODE 59.14.00 ‘films screening’ are within the class of VAT claimant subjects with the right to be refunded as a matter of priority.
  • Italy: The Supreme Court has considered the VAT treatment of deposits.
  • Italy: There are two Supreme Court decisions regarding VAT frauds.
  • Italy: There is a Supreme Court decision regarding a VAT deduction on the purchase of a fixed asset destined to be leased for private purposes.
  • Italy: The Supreme Court has confirmed that ‘unduly VAT offsetting’ must be subject to the same penalties as apply when VAT is not paid.
  • Italy: The Supreme Court has ruled that the VAT rule regarding the presumption of sale is also valid for corporate income tax purposes.
  • Italy: The customs authorities have announced the procedure for the submission of letters of intent valid for several import transactions.
  • Italy: The customs authorities have advised that refunds of VAT linked to customs transactions will be directly paid by the customs office upon prior authorization from the tax authorities.
  • Italy: The customs authorities have clarified the requirements that must be met by direct customs representatives requiring a local clearance procedure authorization.
  • Italy:The customs authorities have provided operative guidelines for paying customs duties by way of bank or postal transfers.
  • Italy: The customs authorities have issued guidelines regarding controls to be carried out on fuel distribution plants for excise purposes.
  • Kazakhstan: Ratification of the Customs Union Member Country Treaty on the removal of technical barriers in mutual trade with non-Customs Union CIS member countries.
  • Kazakhstan: Ratification of a Protocol amending the Treaty between Kazakhstan and Russia on trade and economic cooperation in oil and petroleum supplies in Kazakhstan.
  • Kazakhstan: Ratification of the Convention for the Unification of Certain Rules for International Carriage by Air.
  • Kazakhstan: Rules have been approved for the customs clearance of goods by state officials.
  • Kazakhstan: Excise duties on petrol (except for aviation fuel) and diesel.
  • Kazakhstan: A ban has been introduced on the export of ferrous metal waste and scrap from Kazakhstan.
  • Kazakhstan: An order has established the criteria for treating goods transported by individuals across the Customs Union border as goods for personal use.
  • Kazakhstan: Rules have been approved for marking (remarking) certain excisable products.
  • Netherlands: The temporary reduced VAT rate for the renovation and maintenance of houses ends on 1 July 2015.
  • Netherlands: The CJEU Advocate General’s opinion has been delivered in the case Fiscale Eenheid X on the VAT exemption on the qualification of a fund investing in real estate as a collective investment fund, and whether the property management services are covered by the VAT exemption for the management of collective investment funds.
  • Poland: The CJEU has issued a judgment in a case concerning reduced VAT rates for a wide range of medical equipment, medical products, and similar products.
  • Portugal: The changes to the reduced and intermediate VAT rates in the Autonomous Region of the Azores have entered into force.
  • Portugal: An administrative degree has been published regarding the procedure for requests to the tax authorities for VAT bad debt recovery.
  • Portugal: The rate of duty for new lubricant oils has been amended.
  • Russia: VAT on transfers of fixed assets.
  • Russia: VAT exemption on the import of expendable materials for R&D.
  • Russia: Transfer of VAT recovery.
  • Russia: VAT treatment of advance payments for exports to Eurasian Economic Union member states.
  • Russia: Introduction of export customs duty on grain.
  • Spain: The tax authorities have created an e-portal to enable taxpayers to check import VAT amounts.
  • Ukraine: The list of goods subject to compulsory certification has been reduced.
  • Ukraine: It is expected that a tax exemption will be introduced for the importation of electric cars.
  • United Kingdom: The Upper Tribunal has dismissed the tax authorities’ appeal in an ‘off-shoring’ VAT planning case.
  • United Kingdom: The Supreme Court has ruled that demonstrator cars VAT planning was ‘abusive’.
  • United Kingdom: The CJEU decides that UK VAT relief for ‘energy saving’ materials is ultra vires EU law.

Eurasian Economic Union

  • Eurasian Economic Union: Kyrgyzstan’s entry to the Eurasian Economic Union.
  • Eurasian Economic Union: Unification of EEU legislation.
  • Eurasian Economic Union: Agreement on the procedure for the collective control of copyright and allied rights.
  • Eurasian Economic Union: Amendment to the list of goods exempt from import customs duties.
  • Eurasian Economic Union: Non-tariff regulation measures.
  • Eurasian Economic Union: There have been amendments to the classifiers used to complete customs declarations.
  • Eurasian Economic Union: There have been changes to the EEU Common Customs Tariff.
  • Eurasian Economic Union: Classification of goods according to the EEU common foreign economic activity commodity nomenclature.
  • Eurasian Economic Union-Vietnam: Free Trade Zone Treaty between the Eurasian Economic Union and Vietnam.

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