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Indirect Tax Matters

June 2019

In this edition of Indirect Tax Matters, we provide you with Deloitte commentary on topical Indirect Tax issues which we hope you find insightful. The first article is a call to action explaining how VAT incurred in other EU Member States can be reclaimed, what the process is and when these claims should be submitted.

The VAT exemption for payment processing in has been the subject of many cases over the last 20 years. It continues to be litigated at EU level and we consider how the latest AG’s opinion builds on the existing cases.

With the Tax Appeals Commission now in its third year we explore some of the frequently asked questions that clients raise with us.

As the UK introduces ‘Making Tax Digital for VAT’, we consider how some other jurisdictions are employing technology solutions to manage VAT compliance and what options are open to Ireland in the move to digitilisation. As Irish Revenue yields from ‘inventions’ continue to increase we highlight some VAT complexities providing 10 top tips for VAT compliance.

Our regular update on recent decisions in Irish and EU VAT cases includes comments as to their implications for business and articles on recent EU VAT cases. We also note and comment on recent updates issued from the Irish Revenue Commissioners on VAT and RCT matters.

Our Indirect Tax team in Deloitte Ireland are acutely aware of the complex issues challenging businesses domestically and globally.  Indirect Tax Matters is designed to provide insights to assist you in meeting those ever evolving challenges.

1. Deadline Approaching - EU VAT refund claims

Has your business incurred VAT costs in another EU member State during 2018? If yes then now is the time to start preparing your ‘EVR’ refund claim. The rules for refund depend on the Member State involved and claims need to be submitted online, in this article Shane Egan explains the process in more detail.

2. The VAT treatment of money transfers still giving rise to case law!

Vincent McCullagh guides us through CJEU/UK case law concerning the VAT exemption for transactions concerning payment services, reminding us that the exemption is about what you do – the question is do you do enough?

3. Tax Appeals Commission - Three Years On - FAQs

Three years on since the introduction of the Tax Appeals Commission (‘TAC’), Conor Walsh explores some of the frequently asked questions raised in respect of the tax appeal process, and provides a breakdown of the 3,500+ appeals that are currently under the TAC’s remit.

4. Real-Time VAT reporting - It's Not Near, It's Here

Conor Walsh looks at the increasing trends of a Standard Audit File for Tax, real-time VAT reporting, and electronic invoicing. Details of the regimes in the UK, Spain, Czech Republic, Poland, and the United Arab Emirates are provided, along with an interesting statement by Irish Revenue’s Chairperson.

5. Are you really VAT Compliant?

VAT is a complex tax applied on transactions with Revenue intervention yields continuing to grow. How confident are you that all Indirect Tax return compliance is dealt with correctly. Alan Kilmartin considers some of the key issues, providing top 10 tips for VAT compliance.

6. Irish VAT registrations - key changes introduced

Irish Revenue has just announced the introduction of a 'two-tier' VAT registration concept which will now apply to Irish VAT registrations; 'domestic-only’ or ‘intra-EU’ status. We explain what has changed and what impact it has on current registrations.

7. Recent Irish and Court of Justice of the European Union Cases

Learn how Irish Tax Appeal Commissioners and CJEU cases could potentially impact your business with our brief synapsis of some of the more recent decisions.

8. Our view on recent updates from Irish Revenue and EU Commission

Discover our insights as we reflect on ‘ebriefs’ and guidance notes issued by the Irish Revenue Commissioners on Indirect Tax issues.

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