France: Compulsory electronic submission of accounting entry journal as from 1 Jan 2014

As from 1 January 2014, companies doing business in France, will be faced with a new obligation, the compulsory electronic submission of the accounting entry journal, so called “FEC” (“Fichier des écritures comptables”).

This obligation is applicable in case of tax audits as from 1st Jan 2014 with a back-dated effect to Fiscal Years 2011/2012/2013.

The e-file must include all the lines of accounting entries: no centralised/no aggregated entries. Find out more

EU: Finalised version of 2015 VAT Implementing Regulation is now been published on the Council’s website

The Implementing Regulation on the B2C 2015 place of supply changes, which was adopted last June, has now been published on the Council’s website. It amends/complements VAT Implementing Regulation 282/2011 on the place of supply of services. The regulated provisions concerning the B2C 2015 VAT changes have effect as from 1 January 2015.

You will find the regulation in English (here), in German (here) and in French (here). It is also available in many other official languages of the European Union.

For more information, we refer to our previous post here.

South Africa: Update on taxation of eservices

Further to our previous blog post, the South African Revenue Service (“SARS”) is planning to implement new VAT legislation which targets eservices provided by foreign (non-established) businesses to customers located in South Africa.

We have mentioned that at the end of August PwC South Africa was going to have a meeting with SARS and the National Treasury on this topic, in respect of which we are now pleased to provide you with an update. All parties agreed at the meeting that there are a number of issues that need to be addressed in respect of the proposed amendments. Nevertheless, there was consensus that the amendments need to proceed as a matter of priority, to ensure that there is no loss of tax revenue on these types of supplies, particularly as this is an area where trade is growing.

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USA: Digital products and remote sales subject to sales tax in Minnesota

On May 23, 2013, Minnesota Governor Mark Dayton signed H.F 677, which makes significant changes to Minnesota’s sales and use tax, including taxing digital goods, adding click-through nexus provisions, authorizing multiple points of use exemption certificates, and requiring remote sellers to collect and pay sales and use tax consistent with federal legislation.

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USA: Products transferred electronically subject to sales and use tax in Maine

Effective June 26, 2013, Maine sales tax applies to products transferred electronically. A “product transferred electronically” is sold in Maine if:

– the product is delivered electronically to a purchaser located in Maine;

– the product is received by the purchaser at the seller’s location in Maine;

– a Maine billing address is provided by the purchaser in connection with the transaction; or

– a Maine billing address is indicated in the seller’s business records.

A “product transferred electronically” is a digital product transferred to a purchaser electronically, the sale of which in non-digital physical form would be subject to tax as a sale of tangible personal property.

This legislation, H.P. 1079, was passed despite the Governor’s veto.

Webcast: Fundamental VAT changes to electronically supplied services – Making sure your business is ready

Do you sell services to consumers? Are they electronically supplied? Are your customers in the EU? Are you ready for the B2C 2015 VAT changes?

There are significant changes on the horizon for the VAT paid on electronically supplied services. Any business headquartered in any country selling broadcasting, telecommunications and electronically supplied services to EU retail customers will be affected by these changes. This includes businesses in the US, China and Australia.

The new legislation is effective from 1 January 2015. It will have the effect of changing the place of supply, and the country of taxation, of business to consumer (B2C) telecoms, broadcasting and ‘electronically supplied services’ from the country in which the supplier is established to the country in which the consumer is resident. One effect of this is that, rather than applying a single VAT rate in its country of establishment, affected businesses may be required to apply the local VAT rate in 27 different member states.

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USA: Missouri adopts affiliate and click-through nexus standards for sales and use tax

On July 5, 2013, Missouri enacted S.B. 23 which provides affiliate and click-through nexus standards for sales and use tax purposes.

Out-of-state vendors selling taxable products or services to Missouri customers should review whether activities of in-state affiliates or third parties create a sales and use tax registration and filing obligation with the state. This is relevant also for ecommerce vendors.

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