Are so-called internal transactions between the members of a VAT group taxable? The European Court of Justice (ECJ) has ruled on a preliminary reference from the Federal Fiscal Court that internal transactions between parent companies and subsidiaries are not taxable under the German VAT Act (UStG). The ECJ has thus confirmed that the German legislation is not contrary to EU law. Furthermore, it had to be clarified whether the answer to this question is different if the recipient of the supply is not (or only partially) entitled to deduct input tax. Read more: https://ow.ly/zYT950U21EQ #VAT #VATgrouping #VATgroup #wearecrowe #crowegermany #RWTbesserberaten
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Board members acting independently for VAT purposes? Spain has its say http://spr.ly/60445WJ84 Fernando Matesanz of Spanish VAT Services reports on a domestic ruling that draws on CJEU case law concerning the tax treatment of professional services provided by a company's board members #internationaltaxreview #taxpolicy #tax #internationaltax #vat #spaintax #spanishvatservices #indirecttax
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A new precedent for VAT apportionment in Sweden http://spr.ly/6042qTDyK Marie Hedin and Pontus Fornell of KPMG Sweden say a Swedish Supreme Administrative Court ruling reshapes VAT apportionment for mixed-use businesses and increases EU alignment, but subsequent Swedish Tax Agency guidance complicates the picture #internationaltaxreview #tax #taxpolicy #internationaltax #swedishtax #kpmgsweden #vat
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Financing of Portuguese holding companies and stamp tax: finally, case-law standardisation http://spr.ly/6047gyG3L Joaquim Pedro Lampreia and Miguel Gonzalez Amado of VdA Vieira de Almeida Almeida welcome the Portuguese Supreme Administrative Court’s clarification that a ‘pure’ holding company does not qualify for a stamp tax exemption on credit operations #internationaltaxreview #tax #taxpolicy #internationaltax #holdingcompanies #portugaltax #vieiradealmeida
Financing of Portuguese holding companies and stamp tax: finally, case-law standardisation
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The ECJ is set to decide on the interpretation of the VAT Directive (2006/112) in the case of Finanzamt Österreich v P GmbH (Case C-794/23). This follows a referral from Austria’s Supreme Administrative Court (Verwaltungsgerichtshof) regarding VAT liabilities for inaccurately invoiced services to non-taxable persons. The referring court wants to know whether a taxable person who has supplied a service and mentioned an incorrect rate and amount of VAT in its invoice, is not liable for the incorrectly invoiced part of the VAT - in cases where the service referred to in the invoice in question was supplied to a non-taxable person. #tax #law #VAT #EU #ECJ #compliance #wolftheiss
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I always wondered why VAT law on input VAT in Nigeria is so restrictive with claims limited to the tax on goods purchased or imported directly for resale and goods which form part of stock in trade et al. However, this article from ITR (International Tax Review) highlights some nuances that come with Input VAT where the restriction isn't as streamlined. In this case, a Swedish Company has incurred mixed costs from both VATable and VAT exempt goods and services. The taxpayer now has to explore the option of using turnover basis or usage basis to apportion input VAT claimable. Interesting concept but it leaves a lot of room for tax dispute. In any case, I still hold out hope that Nigeria will consider expanding the input VAT claimable incountry to services. We are largely a service driven economy and with the continued increase in VAT rate which is still speculated to go up to 15% in the future to meet Africa's average, more input VAT claims will be a welcome idea to boost the ease of doing business in Nigeria
A new precedent for VAT apportionment in Sweden http://spr.ly/6042qTDyK Marie Hedin and Pontus Fornell of KPMG Sweden say a Swedish Supreme Administrative Court ruling reshapes VAT apportionment for mixed-use businesses and increases EU alignment, but subsequent Swedish Tax Agency guidance complicates the picture #internationaltaxreview #tax #taxpolicy #internationaltax #swedishtax #kpmgsweden #vat
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On 20 December 2024, the Belgian tax authorities enacted a new tax law introducing significant amendments to the existing DAC7 provisions. These changes primarily target the obligations of platform operators, such as earlier deadlines for notifying sellers of reportable information and stricter registration conditions 📝. Learn more at https://delo.tt/6044aHeOn --- Eric von Frenckell
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The issue concerning the entitlement to seek return of excessively charged #VAT, as evidenced by a #cash register receipt, has attracted significant attention and debate. This was also the main legal questions which the #CJEU addressed in case C-606/22 ⚖ Read the interesting comment by Emilia Teresa Sroka on determining whether #EU VAT regulations and the principles of neutrality, proportionality, and equal treatment permit Polish #tax authorities to refuse the taxable person's request for adjustment of the VAT taxable amount and output tax based on this argumentation. The article is published in Highlights & Insights on European Taxation (H&I) on European Taxation!
EU law precludes refusal of VAT refund after error in tax rate and absence of invoice
my.vitallaw.com
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Swedish Tax Agency prevails in case involving TP and intangibles http://spr.ly/6044ooCry Åsa Edesten and Mazlum Yildiz of KPMG Sweden say there remains a lack of clear legal precedent on the impact of ‘control over risk’ in assessing contractual terms between related parties, despite a recent ruling #internationaltaxreview #internationaltax #tax #taxpolicy #transferpricing #swedishtax #kpmgsweden
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Tolley's Value Added Tax offers a complete picture of VAT and it includes in-depth coverage of UK and EU legislation, HMRC material, case law, and tribunal decisions. All are kept up-to-date on TolleyLibrary. Find out more here: https://ow.ly/LR7j50QvlOt #VAT #Tax #HMRC #EULegislation
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🔍 Understanding the KEN CC VAT Court Case In the case of KEN CC vs. SARS, the Tax Court examined whether KEN CC’s services to foreign tour operators (FTOs) met the criteria for zero-rating under Section 11(2)(1)(iii) of the VAT Act. The court considered assessments across multiple periods, emphasizing the applicability of zero-rating provisions. For businesses dealing with international transactions, understanding VAT regulations is crucial. Keep an eye on court decisions and seek professional advice to navigate complex tax matters! 💼🌐 #VAT #TaxCourt #BusinessLaw https://lnkd.in/dKMXTD89
Tax A Sured | My Five Cents
taxassurance.co.za
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