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The Applicability of Quick Fixes in Spain

On January the 1st 2020 a new VAT measure package will come into force proposed by the European Commission and ratified by the European Council. Quick Fixes is a proposal of provisional measures focussed to establish a definitive VAT system, and harmonize it within the intra-community trade. Read more

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Fair Taxation of the Digital Economy

On 21 March 2018, the European Commission proposed new rules to ensure that digital business activities are taxed in a fair and growth-friendly way in the EU.

  • Proposal for a COUNCIL DIRECTIVE laying down rules relating to the corporate taxation of a significant digital presence.
    • Annexes to the Proposal
  • Proposal for a COUNCIL DIRECTIVE on the common system of a digital services tax on revenues resulting from the provision of certain digital services.
  • Impact Assessment
  • Summary of the Impact Assessment
  • Commission Recommendation relating to the corporate taxation of a significant digital presence.
  • Communication from the Commission
    • Annex to the Communication

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Electronic invoicing in Italy

We remind you that on 1st January 2019 the electronic invoicing obligation will start for all operations between residents or established subjects.
 
“Electronic” means invoice issued or received in any electronic format, which makes the document unalterable.  Read more

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The Greek Golden Visa Program: Residence Permit by Investment

The most attractive sectors for investments in Greece include the sectors in which Greece has competitive advantages under international standards. Taking into consideration the current financial situation and traditional strengths of the Greek economy, one could mention among others: tourism and real estate, food and agriculture, renewable energy sources, technology and ICT, environmental management, export oriented manufacturing and life sciences.
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Implementation of the Czech VAT Act for services directly linked to the import and export of goods

In view of the judgment of the Court of Justice of the European Union of June 29th, 2017 C-288/16 L, the Ministry of Finance of the Czech Republic issued information on the interpretation of the Article 69 of the VAT Act, concerning the exemption of services directly linked to the export of goods. Nevertheless, it also refers to applicable exemptions in case of imports.
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VAT treatment applicable to the provision of free meals to staff in the absence of an alternative catering offer at the place of activity system in UE

French companies have recently requested for the restitution of the VAT which they had to pay because of expenses related to free meals served to their employees.

The French Conseil d’Etat (CE, October 11, 2017, No. 397902, “SAS Autogrill Côté France”) agrees with it on the grounds that if the free supply of meals by companies to its employees is in principle treated as a provision of services subject to VAT, it is different in the absence of alternative catering offer at the place of activity of employees.

Referring to the European case law (ECJ, 11 December 2008, C – 371/07, Danfoss A / S and AstraZeneca A / S vs. Skatteministeriet), the Conseil d’Etat recalls that VAT liability does not cover the provision, free of charge, of meals in company canteens to business contacts in the course of meetings held on the company premises where objective evidence indicates that those meals are provided for strictly business related purposes.

On the other hand, the provision, free of charge, of meals by a company to its staff on their premises is neither subject to VAT at least when the needs of the company, such as the need to ensure that work meetings are run smoothly and without interruptions, require the employer to ensure that meals are provided.

In the case at hand, the company operates catering establishments located on the motorway network. As part of this activity, the company provides free meals to its staff.

In view of the activity on the motorway network, the Conseil d’Etat considers that the provision of meals to staff meets specific needs, considering the lack of alternative catering offer at the place of business of the company and, correspondingly, should not be treated as a supply of services for consideration for VAT purpose.

The company can therefore deduct the VAT on its cost without accounting for VAT on the value of meals it provides free of charge to its staff under the aforementioned conditions.

 

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Latest Austrian Court Decision About The Possibility To Amend Invoices

Austrian Jurisdiction: The Austrian Administrative Court (VwGH) confirmed that it is possible to amend invoices which are incorrect with respect to formal demands ex tunc under certain conditions.

In the main proceedings an invoice was issued in 2008. The VAT number of the supplier was not shown on the invoice as it was issued after invoicing.

The invoice was corrected in 2011 after the VAT number was issued. The corrected invoice was entitled „Correction“and also the signature of the supplier, the date of the correction and the VAT number were shown. The VAT number was valid from December 10th, 2008 until August 8th, 2009. The recipient deducted input tax in the business year 2008/2009.

The tax office refused the input tax deduction in 2008/2009.

The VwGH referred to the ECJ-judgement C-518/14, Senatex as a similar case and therefore accepted the deduction of input VAT ex tunc.

 

More information concerning VAT Law in Austria