ECJ: Advocate General decision on VAT exemption for management of special investment funds
The referring Court had asked for a preliminary ruling from the European Court of Justice (ECJ) in the case ATP Pension Service A/S v Skatteministeriet. This case concerned the application of VAT exemption in the case of the management of an
See MoreUnited Kingdom – Changes of tax refund-procedure not compatible with EU law
The Court of Justice for the European Union (CJEU) issued a judgment on 12 December 2013 concluding that EU law precludes UK measures effect of which is to deprive taxpayers and that happened without notice and retroactively. It was focused on
See MoreEU: Planning to change the intrastate reporting process
The European Commission is plans to changes the Intrastate reporting process which is the month to month reporting procedure for EU VAT registered businesses. This enables the countries to follow the movement of goods in the free trade
See MoreECJ: Interest payable where VAT credit incorrectly refused
Recently, the European Court of Justice (ECJ) has ruled that member states may not lawfully withhold interest due on VAT credits or refunds. The ECJ held that EU member states cannot block VAT interest and has ruled that tax authorities still have
See MoreBelgium: Royal Decree on tobacco tax rise
A draft Royal Decree, regarding tax rise on tobacco is approved by the Belgian Council of Ministers. As a result, the excise duty on cigarettes will be fixed at EUR 6.8914 (USD 9.2) per 1,000 pieces from 1 January 2014, and the special excise duty
See MoreBelgium: EC investigates R&D incentives, tax exemption
An “in-depth investigation” is launched which will determine whether Belgium’s implementation of a system of support for innovative companies i.e., research and development (R&D) incentives is consistent with the EU rules on state aid. It
See MoreECJ decision on the taxable amount for VAT
A decision of the European Court of Justice (ECJ) on 5 December 2013 related to the question of whether a Portuguese tax known as the screening tax should be included within the taxable amount when computing the amount of VAT payable on the relevant
See MoreSpain execute EU CRD IV and provides for monetization of certain deferred tax assets
Under the Spain’s implementation, the European Union (EU) Capital Requirements Directive 2013/36/EU (CRD IV) includes provisions that allow Spanish corporate to earn certain deferred tax assets by turning them into a refundable tax credit, subject
See MorePortugal: VAT amnesty until end of December 2013
The tax office of Portugal has announces that- with reduced fines until 20 December 2013 outstanding VAT may be declared. Penalties will be reduced. There will be no late interest charge, or extra return charges for previously undeclared Portuguese
See MoreEuropean Commission – VAT Guidelines for Telecoms and e-Services
On 29 October 2013, the European Commission published guidelines to help companies to prepare for the new value-added tax rules regarding telecommunications and electronic services. The new rules are scheduled to become effective in 2015. Under the
See MoreEU: Stopping the Italian bank guarantee requirement for VAT credits
The European Commission is seeking to prevent Italy from demanding a bank guarantee from non-resident companies which are seeking to apply for a VAT credit via their Italian VAT returns. The European Commission infringement systems try to change the
See MoreEgypt – VAT implementation discussions
The Finance Ministry of Egypt has re-started discussions on the potential implementation of a full Value Added Tax (VAT) regime to replace the existing sales tax system. The current sales tax system of Egypt is complex and can lead to compound
See MoreCzech Senate approves Income Tax Law amendment
On 10 October 2013, the Czech Senate approved a special law measure that includes a long discussed Income Tax Law amendment. For this amendment to be enacted it must be approved by a new Chamber of Deputies on its first session. The main changes are
See MoreChina: VAT reforms for 2014 and 2015
Chinese VAT reforms went national in August 2013 in respect of transport and broadcast services. The first VAT reform pilot started in 2012 in Shanghai and was then rolled out to 11 other provinces. Some more services will become subject to VAT and
See MoreAustria – Legislates rapid reaction reverse charge on VAT fraud
Austria has the new mechanism to enable member states to change reporting and VAT obligations at short notice were brought into place. This instrument allows member states to gain consent from the European Commission within 30 days to apply the VAT
See MorePeru- Amendments to the VAT withdrawal system
The tax authority of Peru published Resolution No. 317-2013-SUNAT on 24 October 2013. The resolution amends the Resolutions No. 183-2004-SUNAT, 266-2004-SUNAT and 073-2006-SUNAT which regulates the withdrawal system of VAT. The new resolution has
See MoreIndia: Vodafone case regarding transfer pricing
The Bombay high court directed the income-tax department to stop the proceedings of its dispute resolution panel (DRP) against the Indian subsidiaries of Vodafone Group Plc and Royal Dutch Shell plc in an alleged transfer pricing case till the court
See MoreEU: Standard VAT return proposed
The European Commission announced on 23 October a proposal for a standard value added tax (VAT) return. As indicated by the new rules, the VAT return would have a uniform set of prerequisites for businesses when documenting their VAT returns.
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