1 July 2017, supplies of things other than goods or real property made to an ‘Australian consumer’ will be connected with Australia and subject to GST. The Australian provisions are broader than some other jurisdictions and essentially anything other than goods or real property are caught, and if an entity’s GST turnover exceeds the registration turnover threshold of AUD 75,000, it would be required to register for GST in Australia. Non-resident suppliers will be able to access a limited and simplified GST registration, although they can also register under the full registration procedure.
Where supplies of inbound intangibles are made through an Electronic Distribution Platform (EDP), the GST liability on these supplies would shift to the operator of the EDP (i.e. generally, online marketplaces that act as intermediaries). The Australian Taxation Office (ATO) has released a draft Law Companion Guideline (LCG 2017/D4) dealing with the EDP provisions.
In addition, under proposals still before Parliament (the Treasury Laws Amendment (Goods and Services Tax (GST) Low Value Goods) Bill 2017), low-value goods (AUD 1,000 and under) supplied by overseas retailers to Australian consumers would become taxable supplies beginning 1 July 2017. The Bill was referred to the Senate Economics Legislation Committee which recommended that the implementation of the measures be delayed to 1 July 2018. The Bill is listed to be debated in Parliament in June 2017.
Please see the attached newsletter for further details.
On 9 November 2016, India`s Central Board of Excise and Customs (CBEC) announced the new arrival of the service tax on cross-border business-to-consumer (B2C) services via cross-border e-commerce transaction.
The new digital tax regime came into effect on 1 December 2016, whilst foreign companies are yet to be effected by the service tax rules for digital content, their Indian counterparts have incurred a 15% charge.
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On 1 December the European Commission adopted a bundle of measures to improve the tax climate for e-commerce companies within the EU. With these proposals, the Commission follows up on its commitments to creating a digital single market for Europe and the Action Plan for a common VAT Area in the EU. The overall aim of the proposed measures is to create an even playing field between traditional business and e-commerce. VAT compliance costs should fall sharply.
The European Commission’s proposals specifically relate to:
- new rules allowing companies that sell goods online, easily able to fulfill all their VAT obligations in the EU in one place;
- simplification of the VAT rules for start-ups and micro-enterprises that sell online: under € 10,000 VAT on cross-border sales will be handled domestically. SMEs will then be able to use
- simpler procedures for cross-border sales to € 100,000, which they can do business more easily;
- measures to combat VAT fraud from outside the EU, which could distort the market and cause unfair competition; and
- the possibility for Member States m to reduce VAT rates for e-publications such as e-books and online newspapers.
On 15 December 2016 at 15:00 CET, Stephen Dale, Partner and ITX Country Leader at PwC Société D’Avocats in France and Johnathan Davies, Director at PwC in the UK, two leading experts in this area, will be conducting a 30 minute global webcast to brief you on the following issues:
The Commission’s proposed measures including:
- Extending the current One Stop Shop concept to all cross-border e-commerce, including distance sales
- Introducing common EU-wide simplification measures to help small start-up e-commerce businesses,
- Stream lining audits in this sector (home country audits), and
- Removing the VAT exemption for the importation of small consignments from suppliers in third countries
- Possible alignment of the VAT rates (reduced) on e-books and printed books
- The potential impact of these measures on business
- How these measures link with wider global developments in Indirect Tax.
There will be time for questions and answers with the speakers.
To Access the Webcast (Via PC or Mobile Device):
Click on the following link to open the webcast: https://event.webcasts.com/starthere.jsp?ei=1127777
Complete the required registration fields and select “Submit”. The webcast will open to enable you to view the presentation.
Audio for this webcast will be heard through your computer speakers. If you have problems hearing audio, please post a question in the Q&A box to alert the presenters.
A recorded version of the webinar will be available afterwards on the same link.
We do hope that you can join us!
As you may already know, starting from 1 January 2017 new rules regarding VAT on digital services supplied by non-Russian entities to Russian customers come into force. Under the new rules, non-Russian companies supplying digital services to individuals will be obliged to register in Russia for VAT purposes and pay Russian VAT. B2B supplies of digital services will also be VATable and such VAT should be withheld from payment to foreign supplier. Given that there is only one month left prior these rules come into force, we would like to draw your attention to some issues currently seen in respect of introduction of VAT on digital services.
Indirect tax team of PwC Russia is delighted to invite you to a webcast on the matter which will take place on 14 December 2016 (9:00 am US Pacific; 12:00 pm US Eastern, 17:00 GMT, 18:00 CET, 20:00 Moscow time). Estimated duration of the webcast is 45 minutes + Q&A.
During the webcast we will cover, in particular, the following matters:
- Registration procedure, including some insight from the tax authorities (required documents and similar issues);
- Compliance matters (project of VAT return, supporting documents, information required to fill the VAT return in and other);
- Unclear methodological issues, including:
- Differences in determination of the place of location of the buyer between Russian and EU rules;
- Under what circumstances the liabilities to register and pay Russian VAT may remain with an intermediary;
- What is the point of taxation for Russian VAT purposes;
- Are any exemptions applicable for digital services;
- How to avoid double taxation;
- Control, enforcement and overall tax environment in Russia.
- Actions to be taken in advance (pricing, commercial arrangements, changes to internal systems, etc.).
The speakers of the event are from PwC Russia ‘s team dealing with a number of projects in this field. We also currently discuss the possibility of participation in this event with representatives of Russian Federal Tax Service involved in taxation of digital services. There will be the opportunity to ask questions during the webcast.
If you plan to attend the webcast we would appreciate if you could let us know. This will allow us to plan for technological capacity accordingly. Please send a short confirmation e-mail to Igor Zafirov at email@example.com. If you have any preliminary questions or would like to receive materials in advance, please mention this in the note.
We do hope that you can join us for this event. To join the webcast, please follow the instructions below.Audio for this webcast will be heard through your computer speakers. If you have problems hearing audio, please post a question in the Q&A box to alert the presenters.
To Access the Webcast (via PC or Mobile Device):
Click on the following link to open the webcast: https://pwc-emeaec.webex.com/pwc-emeaec/onstage/g.php?MTID=e2142c43ab0abad5b8ff2c299076ac14a
Complete the required registration fields and select “Submit”. You may be asked to install a plugin to view the webcast. We recommend to connect 5-10 minutes before to test sound and video settings.
In accordance with our posts (here and here) on the new GST rules proposed to be effective form 1 October 2016 we would like to update you that PwC New Zealand has recently been advised by New Zealand Inland Revenue Policy that the standard legislative process will not be followed and the passage of the law will be accelerated.
As next step it is expected that the proposed draft legislation will be passed by the New Zealand Parliament under urgency in April 2016. We do not expect major changes to the draft law so businesses can already start / continue with their preparation for the new rules now. For convenience, please see below updated timeline until the go live date of 1 October 2016. Find out more
The Danish Government has widen the Tax Authorities’ information collection powers, by enabling it to be able to request payment information in connection with foreign suppliers who supply goods via distance selling, on-line e-commerce or supply electronic services to private individuals in Denmark. The law was accepted by parliament the 21 December 2015 and is in force as of 1 January 2016.
The intention behind the law is to protect the Danish VAT revenue and to ensure that Danish companies are able to compete on pricing with their foreign counterparts and to minimise VAT leakage.
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Russia can be the next in line to join the countries that impose VAT on the B2C supply of electronic services by non-established service providers. A draft legislation that would require foreign companies to start charging VAT on internet / digital services provided to individuals is currently being considered by the Russian State Duma.
According to the draft law, digital services provided by foreign companies to Russian individuals should be regarded as subject to Russian VAT even if currently such companies are not tax registered in Russia.
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Further to our previous post the New Zealand Government submitted its legislative proposal in relation to the GST law reform on offshore online purchases of services.
The Government has followed the modern VAT/GST practices and OECD recommendations and has decided to reform the GST system. The reforms focus on two main areas:
- Digital products and cross border services, in respect of which draft legislation proposes imposing GST on digital products and other services purchased by New Zealand private consumers from offshore sellers. The new rules will apply from 1 October 2016.
- Low value imported goods, where a consultation paper is being worked on regarding the options to impose of GST and duties on low value imported goods. PwC New Zealand expects the document to be released in April 2016.
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The OECD’s Base Erosion and Profit Shifting (BEPS) project started in 2013 amid growing concern of tax planning used by multinational enterprises (MNEs) to artificially reduce taxable income / shift profits to low tax countries by benefitting from discrepancies between country specific tax rules.
OECD members and G20 countries defined an Action Plan of 15 items to address the key taxation challenges of today’s global economy. After two years of intensive work and consultation with different stakeholders all actions are now completed.
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As part of the current efforts to support the smooth implementation of the 2015 Place of Supply rules (Council Directive 2008/8/EC) and the functioning of the MOSS portal, the Commission is looking for inputs and suggestions to improve the quality of the information presented on the MOSS web Portal.
The quote is from the EU Commission’s survey site where you can submit your comments by Friday, 30 October 2015. The participation in the survey should not take longer than 15 minutes.