Unsuitable EU VAT Place of Supply Rules for Electronic Services - Proposal for an Alternative Approach PDF Download
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Author: Marie Lamensch
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The European Union has amended its VAT legislation in the early 2000s with a view to tackle the newly developing e-commerce economy. Specific provisions for online supplies ("electronically supplied services" in EU languages) were inserted in the EU VAT Directive including as regards the place of supply (place of taxation) of these transactions. This paper highlights the important weaknesses of these provisions and in particular the fact that, although based on widely agreed 1998 OECD recommendations and subsequent guidelines, the rules result in legal uncertainty and in an unacceptable compliance burden for suppliers engaging in online supplies, with major consequences not only for e-suppliers but also for the e-market place as a whole. Because this situation is likely to worsen in the near future and since neither the European Union nor the OECD seem to consider revising their initial approach, this paper also suggests an alternative approach that could significantly reduce the compliance burden while at the same time limiting the potential for fraud.Full-text Paper.
Author: Marie Lamensch
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The European Union has amended its VAT legislation in the early 2000s with a view to tackle the newly developing e-commerce economy. Specific provisions for online supplies ("electronically supplied services" in EU languages) were inserted in the EU VAT Directive including as regards the place of supply (place of taxation) of these transactions. This paper highlights the important weaknesses of these provisions and in particular the fact that, although based on widely agreed 1998 OECD recommendations and subsequent guidelines, the rules result in legal uncertainty and in an unacceptable compliance burden for suppliers engaging in online supplies, with major consequences not only for e-suppliers but also for the e-market place as a whole. Because this situation is likely to worsen in the near future and since neither the European Union nor the OECD seem to consider revising their initial approach, this paper also suggests an alternative approach that could significantly reduce the compliance burden while at the same time limiting the potential for fraud.Full-text Paper.
Author: Christina Pollak
Publisher: Kluwer Law International B.V.
ISBN: 9403510463
Category : Law
Languages : en
Pages : 291
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Book Description
Applying the provisions of the European Union Value Added Tax (EU VAT) Directive poses challenges when applied to the digital platform economy. Recent responses to these challenges revolve around the deemed supplier regime introduced by the so-called e-commerce package, and this regime is thus the focus of this indispensable work, the first to provide an in-depth analysis of the regime, its background and scope, its interpretation, and its application in practice. In its detailed examination of how digital platforms that enable supplies of goods through their interfaces are treated for VAT purposes under EU law, the author elucidates such topics and issues as the following: The qualification of the sale of goods through platforms; supply of the platform service to the underlying supplier; supply of the platform service to the customer; supply of goods from the underlying supplier to the customer; supplies from third countries; the Organisation for Economic Co-operation and Development (OECD) proposal’s influence on the interpretation of the EU e-commerce package; chain transactions; determination of the place of supply; chargeable event and chargeability of VAT; taxable amount; applicable rates and exemptions; platform’s recordkeeping obligations; accompanying customs measures; return of goods and warranty cases; and future of effective and efficient VAT collection. The author also undertakes a detailed analysis of a potential infringement of the principle of equality, neutrality, and the right to conduct a business. Fully taking into consideration the case law of the CJEU, administrative practice, and the relevant academic literature, the author’s research reveals the weaknesses, opportunities, and limits for Member States’ implementation of EU VAT law. The upshot is an important work that promises to make the EU VAT system more fraud-resistant, simplify compliance obligations, enforce the principle of neutrality, and reduce distortion of competition. The book will be of immeasurable value to any practitioner and policymaker approaching any case involving the deemed supplier regime for digital platforms with full awareness of the applicable rules.
Author: Lenka Štofová
Publisher: CRC Press
ISBN: 1351672711
Category : Business & Economics
Languages : en
Pages : 709
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Book Description
Dynamic economics, technological changes, increasing pressure from competition and customers to improve manufacturing and services are some of the major challenges to enterprises these days. New ways of improving organizational activities and management processes have to be created, in order to allow enterprises to manage the seemingly intensifying competitive markets successfully. Enterprises apply business optimizing solutions to meet new challenges and conditions. But also ensuring effective development for long-term competitiveness in a global environment. This is necessary for the application of qualitative changes in the industrial policy. “New Trends in Process Control and Production Management” (MTS 2017) is the collection of research papers from authors from seven countries around the world. They present case studies and empirical research which illustrates the progressive trends in business process management and the drive to achieve enterprise development and sustainability.
Author: Ben Terra
Publisher: IBFD
ISBN: 9076078882
Category :
Languages : en
Pages : 2422
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Author:
Publisher:
ISBN: 9789264295490
Category :
Languages : en
Pages : 116
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Book Description
Value Added Tax (VAT; also known as Goods and Services Tax, under the acronym GST in a number of OECD countries) has become a major source of revenue for governments around the world. Some 165 countries operated a VAT at the time of the completion of the International VAT/GST Guidelines in 2016, more than twice as many as 25 years before. As VAT continued to spread across the world, international trade in goods and services has also expanded rapidly in an increasingly globalised economy. One consequence of these developments has been the greater interaction between VAT systems, along with growing risks of double taxation and unintended non-taxation in the absence of international VAT co-ordination. The International VAT/GST Guidelines now present a set of internationally agreed standards and recommended approaches to address the issues that arise from the uncoordinated application of national VAT systems in the context of international trade. They focus in particular on trade in services and intangibles, which poses increasingly important challenges for the design and operation of VAT systems worldwide. They notably include the recommended principles and mechanisms to address the challenges for the collection of VAT on cross-border sales of digital products that had been identified in the context of the OECD/G20 Project on Base and Erosion and Profit Shifting (the BEPS Project). These Guidelines were adopted as a Recommendation by the Council of the OECD in September 2016.
Author: Michael Lang
Publisher: Kluwer Law International
ISBN: 9789041159526
Category : Law
Languages : en
Pages : 0
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Book Description
This books examines the problems and opportunities of VAT/GST regimes in relation to the digital economy. The issues covered are: VAT collection and compliance in the digital economy ; VAT issues for intermediated delivery and third party billing; treatment of digital products and e-services under VAT; characterization of "cryptocurrencies" for VAT/GST purposes; dispute resolution and prevention; and administrative cooperation.
Author: Jasmin Kollmann
Publisher:
ISBN: 9789087224998
Category :
Languages : en
Pages :
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Author:
Publisher:
ISBN: 9789287238276
Category : Fraud
Languages : en
Pages : 54
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Author:
Publisher:
ISBN:
Category : Taxation
Languages : en
Pages : 558
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Author:
Publisher:
ISBN:
Category : Double taxation
Languages : en
Pages : 1280
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