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.

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September 2016

Americas

  • Colombia: The Tax and Customs Authority recently announced the implementation of scanners for non-intrusive inspections, to comply with the new customs code standards.

Asia Pacific

  • India: The Constitution Bill, 2014 for GST has been approved by the President.
  • India: The Central Board of Excise and Customs has issued clarification on service tax liability in the case of the hiring of goods without the transfer of a right to use goods.
  • India: The Bombay High Court has considered the applicability of VAT and service tax on the transfer of the right to use intellectual property, in two separate cases.
  • Japan: The place of supply rules for digital services are changing from 1 January 2017.

EMEA

  • Denmark: The tax authorities are being reorganized.
  • Egypt: The new VAT law applies as of 8 September 2016, at the rate of 13%.
  • France: As from 1 January 2018, VAT payers must use only secure and certified software and cash register systems.
  • France: As from 2020, all invoices between public-sector and their suppliers will be dematerialized.
  • Italy: The Pescara VAT Office has become competent for MOSS matters.
  • Italy: Bitcoin transactions are exempt from VAT.
  • Italy: There has been clarification regarding the recovery procedure for VAT paid following a tax assessment for split payment transactions.
  • Italy: The interest rate for customs deferment accounts has been set at 0.213%.
  • Ivory Coast: The 2016 Financial Law came into force on 4 January 2016, and introduced a number of reforms, particularly with regard to indirect taxes.
  • Netherlands: Questions have been referred to the CJEU regarding the VAT treatment of a guided tour of a stadium and museum visit.
  • Netherlands: The annual Budget has taken place, and the Tax Plan 2017 presented. The Tax Plan includes three indirect tax issues:
    • The VAT exemption for water sports associations is to be amended;
    • The definition of ‘building land’ is to be amended;
    • The VAT bad debt relief legislation is to be simplified.
  • Poland: The Government has published a draft bill including the abolition of quarterly VAT returns.
  • Portugal: Details have been published regarding the new excise duty refund scheme for road freight companies.
  • Russia: A draft law is being developed on the introduction of 'tax free'.
  • Russia: A draft law is being developed on amending the application of VAT to export operations.
  • Russia: A draft law is being developed on the right for taxpayers applying the special tax regime of single agricultural tax to voluntarily pay VAT.
  • Russia: Crude lead has been included in the list of goods for which temporary restrictions or prohibitions of export may be introduced.
  • Russia: Salt, sodium chloride and sea water have been included in the list of goods prohibited for import into Russia.
  • Spain: The General Tax Directorate has issued a tax binding rule on requirements for VAT e-invoicing.
  • United Kingdom: The tax authorities have issued guidance on the domestic reverse charge for telecoms services.
  • United Kingdom: The tax authorities have extended the transitional period for the application of new rules regarding VAT recovery on pension fund management costs.
  • United Kingdom: The Court of Appeal has ruled that a charity conducted an economic activity for VAT purposes.
  • United Kingdom: Another 'payment handling' VAT exemption case is being referred to the CJEU.

Eurasian Economic Union

  • Eurasian Economic Union: Tariff quota have been introduced on rice originating from Vietnam and certain agricultural goods.
  • Eurasian Economic Union: TThere have been amendments to the list and procedure for the import and export of certain pharmaceutical goods in the Eurasian Economic Union.

March 2016

Featured articles:

Americas

  • Panama: The Panama Revenue Office has issued a new regulation, under which companies acting as online payment processors can be designated VAT withholding agents.
  • United States: The 10th Circuit has upheld Colorado’s remote seller reporting requirements.

Asia Pacific

  • China: Circular 36 has been published, providing detailed implementation guidance on the further rollout of the VAT reform to sectors such as construction, real estate, financial services and lifestyle services.
  • China: Changes to the China Customs’ import declaration form will result in significant changes for multinationals importing into China.
  • Indonesia: The list of strategic goods exempt from VAT has been updated.
  • Indonesia: Import duty will be borne by the government for certain industry sectors in the fiscal year 2016.
  • Japan: One of the highlights of the 2016 tax reform proposals is the introduction of a reduced rate of JCT on 1 April 2017.
  • Kazakhstan: A list of goods subject to export customs duties has been approved.
  • Kazakhstan: There is a new law on the handling of precious metals and precious stones.
  • Kazakhstan: There have been amendments to the list of goods eligible for tariff concessions.
  • Kazakhstan: The rules have been updated for the transfer and accounting treatment of customs payments, taxes and late payment interest.
  • Kazakhstan: There has been a resolution regarding the issue of permits with respect to export controls.
  • Kazakhstan: Rules for issuing re-export permits have been approved.
  • Kazakhstan: The application forms stipulated by customs law have been approved.
  • Kazakhstan: Rules have been approved for the authorities to take samples and specimens of goods.
  • Kazakhstan: An order has approved criteria for treating goods as imported for entrepreneurial purposes.
  • Kazakhstan: The rules for providing guarantees to export (import) processing products have been updated.
  • AANZFTA: Revised rules of origin and operational certification procedures have been implemented.

EMEA

  • European Union: There is an update on the European Commission's cross-border VAT rulings project.
  • European Union: There are upcoming changes to the suspension of GSP tariff preferences.
  • Finland: The Finnish Supreme Administrative Court has ruled on the right to deduct input VAT on purchases of stolen scrap metal.
  • Finland: The Finnish Central Board of Taxes has issued a ruling concerning the VAT treatment of the leasing of parking places.
  • Finland: The Finnish Central Board of Taxes has issued a ruling concerning the VAT treatment of a transfer of publication rights.
  • France: The Administrative Court of Appeal has ruled on the VAT treatment of hotel loyalty programs.
  • Israel: The government is exploring the possibility of imposing VAT on foreign suppliers of digital services.
  • Italy: The Ministry of Economy and Finance has confirmed that VAT revenues increased by 4.2% (EUR 4,831 million) in 2015.
  • Italy: New measures have been published to tackle VAT fraud.
  • Italy: There has been clarification regarding the new rules on credit notes.
  • Italy: The Constitutional Court has ruled on the VAT rate for accommodation in marina resorts.
  • Italy: A new TR form is available.
  • Italy: A tax authorities have released guidelines regarding the application of the new penalties.
  • Italy: The 'FATCA' IGA between Italy and the U.S. is now publicly available.
  • Italy: There is news regarding excise duties.
  • Italy: Clarification has been issued for duty free shops.
  • Poland: The CJEU is to decide whether the first occupation’s definition established in Polish VAT Law complies with the EU Principal VAT Directive.
  • Poland: There is an update on the introduction of SAF-T/JPK.
  • Portugal: The main indirect tax changes in the State Budget law for 2016 have been approved by the Parliament and published, including changes to the application of the intermediate and reduced VAT rates, and to a number of excise duties.
  • Russia: The Russian State Duma has approved in the first reading draft law on subjecting e-services to taxation.
  • Russia: The Ministry of Finance has issued a letter regarding VAT on the disposal of inventory.
  • Russia: A draft law has been submitted to the State Duma stipulating exemption from VAT for operations of waste paper supply.
  • Russia: There have been amendments to the list of technological equipment the import of which into the territory of the Russian Federation is not subject to VAT.
  • Russia: The Commercial Court of Moscow has ruled on the VAT treatment of services related to the organization of clinical trials of foreign medications in Russia.
  • Russia: There have been increases to the excise duty rates on gasoline and diesel oil.
  • Spain: A resolution has been issued by the Spanish Economic-Administrative Court regarding VAT assessed under a VAT audit procedure.
  • United Kingdom: In the UK Budget, delivered on 16 March, there were a number of indirect tax announcements.
  • United Kingdom: The Supreme Court has confirmed that corporation tax is payable on VAT repayments.
  • United Kingdom: From 8 April 2016, the tax authorities will start to publish certain information relating to exporters and the goods they export.
  • United Kingdom: The tax authorities have issued an invitation to suggest changes to Union Customs Code regulations.
  • Italy: The authorities have summarized the procedures to be followed by operators to obtain the status of approved exporter, within the framework of the Free Trade Agreement between the EU and South Korea.

Eurasian Economic Union

  • Eurasian Economic Union: The import customs duty rates on certain goods have been amended.
  • Eurasian Economic Union: There is a Eurasian Economic Commission Board resolution regarding goods declared as temporary imports with a full conditional exemption from customs duties and taxes.
  • Eurasian Economic Union: There are also resolutions regarding specific exemptions from import customs duties, classifiers used to complete customs declarations, anti-dumping duties, and changes to the EEU integrated customs tariff.
March 2016
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