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VAT Aspects of Cross-border E-commerce

VAT Aspects of Cross-border E-commerce
Author:
Publisher:
Total Pages: 339
Release: 2016
Genre:
ISBN: 9789279637957

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In line with the Digital Single Market Strategy objective of boosting e-Commerce growth within the EU, the European Commission is considering a number of policy Options aimed at simplifying the VAT and Customs system. These policy Options build on the recent legislation on telecommunications, broadcasting and electronic services ('TBE services') provided to final consumers (B2C) within the EU which introduced the destination principle accompanied with the implementation of a Mini One Stop Shop (i.e. the MOSS). This report forms part of a broad study providing an in-depth economic analysis of VAT aspects of e-Commerce. The study considers the widening of the MOSS to other areas of B2C e-Commerce, the elimination of the VAT exemption for the importation of small consignments, and the elimination of current registration thresholds for intra-EU B2C supplies of goods. The objective is to reduce the administrative burden on trade and remove distortion of competition, to support the full achievement of the Digital Single Market. The Options assessed in this report were formulated following a design process that took into consideration inputs from stakeholders, the European Commission and other policy initiatives at EU level, which allowed forming a view on the problems and deriving the policy objectives and Policy Options. The Policy Options were assessed with regard to their financial and economic impacts through a number of tools devised for quantitative and qualitative analysis. Data gathering tools consisted of desk research, surveying consumers in 25 Member States, interviewing businesses and tax authorities in selected Member States, carrying out mock purchases, facilitating and attending stakeholder workshops and online surveying of businesses. For the analysis of the data, a Standard Cost Model (SCM) and Computable General Equilibrium (CGE) Model were applied to measure the administrative burden of businesses and the magnitude of effects on cross-border e-Commerce arising from the administrative burden, respectively. The economic analysis of the Policy Options included also a sensitivity analysis, using different e-Commerce growth scenarios. The main analysis considers the medium growth scenario (e-Commerce Compounded Annual Growth Rate - CAGR - of 12%), while the sensitivity analysis allows for lower and higher e-Commerce growth (CAGR of 6% under the low growth scenario and CAGR of 18% under the high growth scenario). An additional scenario allows for the impact of the Digital Single Market on cross-border e-Commerce within the EU as well ('DSM scenario').


VAT Aspects of Cross-border E-commerce

VAT Aspects of Cross-border E-commerce
Author:
Publisher:
Total Pages: 222
Release: 2016
Genre:
ISBN: 9789279637896

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Over the last five years, e-Commerce in Europe has grown by between 17% and 20% per year to become a key part of the digital economy and an important driver of economic growth. From 2009 to 2014, the contribution of e-Commerce to GDP has almost doubled. Recognising the importance of e-Commerce, the European Commission is committed to ensuring the free movement of goods and services and to ensuring that "individuals and businesses can seamlessly access and exercise online activities under conditions of fair competition" as set out in their Digital Single Market strategy. However concerns have been expressed by the Commission and other organisations, including business groups, that fragmentation and barriers continue to exist online, not least due to the burden associated with VAT compliance. The evidence presented in this report indicates that these concerns are justified, since the fixed costs associated with VAT compliance appear to represent a significant burden on firms, limiting the growth of cross-border e-Commerce in the EU. Moreover, non-compliance and VAT fraud continues to present a challenge to tax authorities across the EU.


VAT Aspects of Cross-border E-commerce

VAT Aspects of Cross-border E-commerce
Author:
Publisher:
Total Pages: 270
Release: 2016
Genre:
ISBN: 9789279637964

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Between 2009 and 2014, e-Commerce in Europe has grown by between 17% and 20% per year. In 2015, the growth of e-Commerce was decreasing slightly, to 13.4%, although it should be borne in mind that this is based on higher volumes. E-commerce has become a key part of the digital economy and an important driver of economic growth. From 2009 to 2014, the contribution of e-Commerce to GDP has almost doubled. Recognising the importance of e-Commerce, the European Commission is committed to ensuring the free movement of goods and services and to ensuring that "individuals and businesses can seamlessly access and exercise online activities under conditions of fair competition" as set out in the Digital Single Market strategy. The 2015 place of supply changes together with the supporting Mini One Stop Shop (MOSS) system are a significant step towards a fair and smoothly functioning single market for e-Commerce despite their limited scope. However, before expanding these rules to cross-border B2C supplies of other services and goods (including distance sales and imports), the implementation and application of the 2015 changes have to be properly assessed in order to learn from this experience and also use the opportunity to further improve the system. This report provides evidence that the initial experience from the 2015 place of supply rules and MOSS is generally positive and that these new rules indeed form a good basis for further expansion, especially when the recommendations for potential improvements are taken into account in any future reform.


VAT Aspects of Electronic Invoicing and E-commerce

VAT Aspects of Electronic Invoicing and E-commerce
Author: Marc Govers
Publisher: Intersentia nv
Total Pages: 0
Release: 2000
Genre: Electronic commerce
ISBN: 9789050951425

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Currently European Community legislation and national legislations do not allow using electronic invoicing in a business friendly way. Electronic invoicing frequently reflects cross border transactions and related VAT issues. Electronic invoicing means that an invoice is processed and sent by the supplier's ITsystem and received and processed by the customer's ITsystem. Hence, electronic invoicing is not simply sending an invoice by e-mail. Companies cannot work efficiently within the EC as long as there are as many different legal systems as Member States. Although expert systems like iVAT will help companies to automate invoicing and assist them in tackling their daily struggle with complex VAT rules, EC legislation needs to be harmonised in order to facilitate the use of electronic invoicing. This book gives an overview of the current status in the different Member States as well as some propositions relative to the harmonisation of EC regulation with respect to electronic invoicing. Contents: PART I: VAT AND LEGAL ASPECTS Electronic invoicing in a European and national context Content of the electronic invoice Transmission of the electronic invoice Preservation of electronic invoices PART II: EDI IN EUROPE PART III: SURVEY ON THE USE OF ELECTRONIC INVOICING IN EUROPE PART III: VAT AND E-COMMERCE E-commerce and VAT aspects Proposal for a directive on VAT and electronic commerce Annex: Directive on certain legal aspects of electronic invoicing


Cross-border Taxation of E-commerce

Cross-border Taxation of E-commerce
Author: Björn Westberg
Publisher:
Total Pages: 320
Release: 2002
Genre: Business enterprises, Foreign
ISBN: 9789076078472

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Cross-border Consumption Taxation of Digital Supplies

Cross-border Consumption Taxation of Digital Supplies
Author: Pernilla Rendahl
Publisher: IBFD
Total Pages: 461
Release: 2009
Genre: Double taxation
ISBN: 9087220626

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This study compares cross-border consumption taxation of digital supplies in business-to-consumer transactions from an international coordination perspective. Hence, the various classifications of digital supplies and the provisions for deciding the place of taxation are compared and examined to identify cases of double taxation and unintentional nontaxation or potential risks thereof. In addition, possible remedies for double taxation and unintentional non-taxation are discussed.


Taxing Global Digital Commerce

Taxing Global Digital Commerce
Author: Arthur Cockfield
Publisher: Kluwer Law International B.V.
Total Pages: 506
Release: 2019-11-07
Genre: Law
ISBN: 9041167110

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Digital commerce – the use of computer networks to facilitate transactions involving the production, distribution, sale, and delivery of goods and services – has grown from merely streamlining relations between consumer and business to a much more robust phenomenon embracing efficient business processes within a firm and between firms. Inevitably, the related taxation issues have grown as well. This latest edition of the preeminent text on the taxation of digital transactions revises, updates and expands the book’s coverage. It includes a detailed and up-to-date analysis of income tax and VAT developments regarding digital commerce under the OECD and G20 Base Erosion and Profit Shifting (BEPS) reforms. It explores the implications of digital commerce for US state sales and use tax regimes resulting from the 2018 US Supreme Court decision in Wayfair. It discusses cross-border tax in the United States while continuing to focus on tax developments throughout the world. Analysing the practical tax consequences of digital commerce from a multijurisdictional perspective, and using examples to illustrate the application of different taxes to digital commerce transactions, the book offers in-depth treatment of such topics as the following: how tax rules governing cross-border digital commerce are increasingly applied to all cross-border activities; how tax rules and institutional processes have evolved to confront challenges posed by digital commerce; how an emerging ‘tax war’ is developing whereby different countries are unilaterally imposing new tax rules on cross-border digital commerce; how technology enhances tax and cross-border tax information exchanges; how technology reduces both compliance and enforcement costs; cross-border consumption tax issues raised by cloud computing; and different approaches to the legal design of VAT place of taxation rules. The authors offer insightful views on the likely development of new approaches to taxing cross-border digital commerce. This edition, while building on the analysis of the relationship between traditional tax laws and the Internet in the first edition and its predecessors, contains a more explicit and systematic consideration of digital commerce issues and the ongoing policy responses to them. Tax professionals and academics everywhere will welcome the important contribution it makes towards the design of cross-border tax rules that are both conceptually sound and practical in application. ‘A tour de force … much larger and richer than its predecessors … a massive contribution to the growing literature on the taxation of e-commerce.’ – Rita de la Feria, British Tax Review ‘Provides important understandings for ongoing policy discussions … I would warmly recommend.’ – P. Rendahl, World Journal of VAT/GST Law


VAT on E-commerce

VAT on E-commerce
Author: Great Britain: National Audit Office
Publisher: The Stationery Office
Total Pages: 48
Release: 2006-05-26
Genre: Business & Economics
ISBN: 0102938024

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The value of internet sales (known as e-commerce) in the UK has more than trebled between 2002 and 2004 to £18.1 billion, with a further surge around Christmas 2005, and this level is expected to rise to nearly £60 billion a year by 2010. It is estimated that in 2005-06 HM Revenue and Customs collected over £1 billion in VAT on e-commerce goods and services. HM Revenue and Customs does not separately identify the exact amount of VAT collected from e-commerce because businesses are required to calculate and pay over VAT for their entire taxable activities, which include both traditional forms of business and e-commerce. In light of these developments, this NAO report examines the implications of the growth in e-commerce for VAT collection and the approach of HM Revenue and Customs to VAT collection. The report finds that HM Revenue and Customs has been alert to emerging areas of risk, such as the failure of e-commerce businesses to register for VAT and the non-payment or underpayment of import VAT on goods ordered over the internet from outside the EU. The report supports the assessment by HM Revenue and Customs that the overall risk to VAT revenue from on-line shopping is currently low, but as activity increases in this fast changing environment, it will be important that the Department builds on its work to keep abreast of possible changes in the patterns and levels of risk to VAT.


E-commerce and EU VAT

E-commerce and EU VAT
Author: Rosamund Barr et al.
Publisher: Kluwer Law International B.V.
Total Pages: 185
Release: 2021-07-12
Genre: Law
ISBN: 9403537132

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E-commerce and EU VAT: Theory and Practice Rosamund Barr, Jeroen Bijl, Nils Bleckman, Gijsbert Bulk, Ethan Ding & Matthias Luther The new EU rules governing online sales of goods and services affect all businesses that sell online to EU customers, no matter where the seller is based. This timely book, written by leading tax professionals from various EU countries, is the first to clearly explain the VAT compliance obligations and options that businesses and tax practitioners worldwide must understand in order to adapt to the new system. In addition to describing the legal framework, the authors provide examples of how the rules work in practice and illustrate available choices for businesses, with particular attention to avoiding pitfalls. Thoroughly describing the rules affecting place of supply, liability, and accounting procedures in all relevant contexts, the book covers such areas of VAT compliance as the following: • distinction between goods and services; • differences between imported goods and goods sold intra-EU; • filing and invoicing obligations under the new one-stop shop scheme; • reclaiming foreign VAT; • mitigating fears of fraud and hijacking; • distinction between business-to-customer and business-to-business transactions; and • navigating through appeals, mistakes, and adjustments. Also covered are the particular VAT variations applicable to transactions involving the major European non-EU states – Norway, Switzerland, and the United Kingdom. The important distinction between the concept of ‘nexus’ in the United States state and local tax rules and ‘place of supply’ under EU law is also fully explored. Because a very large number of remote sellers of goods and services will need to understand and comply with the changes in the EU VAT e-commerce rules, it goes without saying that this book is indispensable to in-house corporate counsel worldwide. Tax administration officials, professionals in indirect tax management, corporate tax and finance directors and other tax professionals, and academics concerned with indirect tax law are sure to welcome this essential resource.


Fundamentals of EU VAT Law

Fundamentals of EU VAT Law
Author: Frank Nellen
Publisher: Kluwer Law International B.V.
Total Pages: 643
Release: 2020-08-19
Genre: Law
ISBN: 9403523441

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Parties to cross-border disputes arising anywhere in the vast Portuguese-speaking world – a community of more than 230 million in a space that offers a wide array of investment opportunities across four continents – increasingly seek Portugal as their preferred seat of arbitration. A signatory to all relevant international conventions, Portugal has proven to be an ‘arbitration-friendly’ jurisdiction. This volume is the first and so far only book in English that provides a thorough, in-depth analysis of international arbitration law and practice in Portugal. Its contributing authors are among the most highly regarded legal names in the country, including scholars, arbitrators, and practitioners. The authors describe how international arbitration proceedings are conducted in Portugal, what cautions should be taken, and what procedural strategies may be suitable in particular cases. They provide insightful answers to questions such as the following: What matters can be submitted to arbitration under Portuguese law? What are the validity requirements for an arbitration agreement? How do the State courts interact with arbitration proceedings and what is the attitude of such courts toward international arbitration? What are the rules governing evidentiary matters in arbitration? How is an arbitration tribunal constituted? How are arbitrators appointed? How may they be challenged? How can an international arbitral award be recognized and enforced? How does the Portuguese legal system address the issue of damages and what specific damages are admitted? How are the costs of arbitration proceedings estimated and allocated? The book includes analyses of arbitration related to specific fields of the law, notably sports, administrative, tax, intellectual property rights (especially regarding reference and generic medicines), and corporate disputes. Each chapter provides, for the topics it addresses, an examination of the applicable laws, rules, arbitration practice, and views taken by arbitral tribunals and state courts as well as those of the most highly considered scholars. As a detailed examination of the legal framework and of all procedural steps of an arbitration in Portugal, from the drafting of an arbitration agreement to the enforcement of an award, this book constitutes an invaluable resource for parties involved in or considering an international arbitration in this country. The guidance that it seeks to provide in respect of any problem likely to arise in this context can be useful to arbitrators, judges, academics, and interested lawyers.