The Advocate General (AG) released her opinion in the interesting VAT case dealing with the situation whether a foreign company can be regarded as having a fixed establishment in the supplier’s Member State by using the supplier’s infrastructure.
Canada joins those countries that make efforts to tax supplies provided by non-established businesses via the Internet to Canadian residents. As recently reported in PwC’s GlobalVATOnline the Canadian government launched a public consultation as part of a 2014 Budget proposal to ensure tax fairness and invites the public to give their opinion on what actions should be taken in order to effectively collect sales taxes on e-commerce sales to residents of Canada by foreign-based vendors.
As previously reported here, South Africa intends to impose VAT on electronic / digital services (“eservices”) supplied by non-established businesses to recipients in South Africa with effect from 1 April 2014.
At PwC’s upcoming Webcast Gerard Soverall (Partner, PwC South Africa), specialized in e-commerce and cross-boarder Indirect Taxation will provide an update on the latest developments. This session is designed to inform the participants of the content of the regulations and to discuss the administrative and enforcement challenges that may arise.
As reported in our previous blog posts, the Italian government considered to increase the standard VAT rate from 21% to 22% with effect from 1 July 2013.
However, the Italian government decided to postpone the planned VAT rate increase from 1 July 2013 to 1 October 2013. You can access PwC’s GlobalVATOnline notification here.
The government proposes a 2% increase in the standard VAT rate from 17% to 19% in Montenegro. If the proposal is accepted by the Parliament, the VAT rate increases will take effect from 1 July 2013.
What does it mean for you
We recommend reviewing the VAT implications on your business operations in Montenegro due to these changes, to ensure full compliance with regard to VAT rules, rates and regulations. Systems must be adjusted and contracts may need to be reviewed. Please see news update on PwC’s GlobalVATOnline here.
The Slovenian Parliament has approved an increase in the standard and reduces VAT rates. Subject to the approval from the National Council, the increases will be effective from 1 July 2013, as follows:
- Standard VAT rate: from 20% to 22%;
- Reduced VAT rate: from 8.5% to 9.5%;
No changes have been made to the list of goods/services which are subject to the reduced VAT rate.
What does it mean for you
We recommend reviewing the VAT implications on your business operations in Slovenia due to these changes, to ensure full compliance with regard to VAT rules, rates and Find out more
The Malaysian tax authority has recently issued guidelines on the taxation of electronic commerce in Malaysia. The document provides guidance on the tax treatment of e-commerce transactions, including scope of the tax liability, treatment of servers and websites in determining the location of the ecommerce income, issues on withholding tax and double taxation and examples of the various business models with relevant explanations.
A new approach to the internet taxation
While Malaysia has not implement the VAT taxation (it applies sales tax) it has introduced a unique way to tax ebiz. This is effected by imposing a withholding tax (“WHT”) liability on the Malaysian recipients (both B2B and B2C) in relation to any royalty type payments made to non-Malaysian companies. Find out more
From 1 April 2013, business involved in supplying large quantities of certain IT hardware and mobile devices (e.g. mobile phones, tablets, laptops, game consoles, integrated circuit devices…) in the Netherlands must no longer charge Dutch VAT on their invoices to other businesses.
From this date on, if the total value of any single local supply of these goods is EUR 10.000 or more, the “reverse-charge mechanism” will be applicable. This means that the purchaser has to self-account for VAT on the transaction in his own VAT return. If the business customer is entitled to full input VAT recovery, a simultaneous input VAT recovery can be made in the same VAT return, so that there is not VAT payment liability is attached to the transaction. Find out more
The Serbian tax administration has recently issued a new “rulebook” on electronically supplied services. It defines the scope and types of services that should be regarded as electronically supplied services for Serbian VAT purposes. These include for example the supply of software and related updates, supply and maintenance of websites, service in the field of distance learning etc
Even though the “rulebook” finally provides a definition of eservices, certain types of listed services could cause uncertainties in practice and might require further clarifications, e.g. the supply of pictures, text and information in electronic format; the supply of audio and video records etc.
Check here for some more details and contact information.
What does this mean for you?
It is a welcome movement that the Serbian legislation addresses the VAT implications of current issues, such as eservices. It would appear however, that the rules and definitions may differ from those in the EU. It is therefore highly recommended to analyze the nature of your business’s supplies in detail to see if they fall within the definitions of the “rulebook”.