Complying with the new Digital Economy VAT and Digital Services Tax requirements
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1 Complying with the new Digital Economy VAT and Digital Services Tax requirements Local to global; data to returns 2018 KPMG EMA Tax Summit Rome, Italy
2 Welcome and agenda Michael Whetton Senior Manager, Global Indirect Tax Services Digital Economy Sector KPMG in the United Kingdom Andy van Esdonk Senior Manager, Global Indirect Tax Services Digital Economy Sector KPMG in the Netherlands 2
3 Agenda 16:15 16:35 Welcome, introduction and background 16:35 17:10 Panel the global and regional digital policy perspective & what next for business? 17:10 17:40 Dealing with the practical implementation of changes arising from digital 17:40 18:00 From transactions and data to returns managing the global compliance burden 18:00 18:10 Q&A how best to implement the changes 18:10 18:15 Closing remarks and wrap-up 2018 KPMG International Cooperative ( KPMG International ), a Swiss entity. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. All rights reserved. 3
4 The global landscape Lachlan Wolfers Partner and Global Leader, Global Indirect Tax Services Digital Economy Sector, KPMG in China Max van de Ven Partner and EMA Leader, Global Indirect Tax Services Digital Economy Sector, KPMG in the Netherlands 4
5 OECD in which year? Governments must provide a fiscal climate within which electronic commerce can flourish, weighed against the obligation to operate a fair and predictable taxation system that provides the revenue required to meet the legitimate expectations of citizens for publicly provided services. Striking the right balance between these objectives is the aim of this Report. 5
6 The context Explosion of internet and B2C trade in goods cross border Massive under reporting of tax (deliberate and unintentional) Explosion of SME s trading or offering services via Marketplaces Marketplaces and facilitators Agent v Principal ( it s not my problem sentiment) Outdated or quick fix legislation not keeping pace and creating disparities globally Supplier reputation 6
7 The challenges Taxation at place of consumption Non-residents face overseas compliance obligations The digitization of Tax Many digital economy providers are currently incapable of complying The rise of the platform as the tax collector for all Public calls for greater ethics and morality in digital economy business models The politicization of the taxing debate around the digital economy US v EU What happens when the normal economy becomes the digital economy? 7
8 7 Global VAT/GST principles for Taxing Digital Economy Tax authority objectives Ottawa Taxation Framework Conditions Principles for business Ease of collection Neutrality Ease of administration, recognising may not have physical presence in country Ease of enforcement Efficiency Certainty and simplicity No distortion of competition & equality of enforcement of: Ease of compliance Effectiveness and fairness Flexibility domestic v overseas providers; As between overseas providers Taxes based on place of consumption (i.e. destination principle) Highly standardised global rules Tax only value added in supply chain Broad scope Ability to embed VAT/GST in pricing and contracts customer bears the tax No unfair tax competition Certainty in determining status of recipient: B2B vs B2C Domestic vs overseas customers Same revenue should be taxed in one jurisdiction only Capacity to distinguish through existing systems: B2B vs B2C Domestic vs overseas customers 8
9 Panel the global and regional digital policy perspective & what next for business? Lachlan Wolfers Partner and Global Leader, Global Indirect Tax Services Digital Economy Sector, KPMG in China 9
10 Panel Lachlan Wolfers Partner and Global Leader, Global Indirect Tax Services Digital Economy Sector KPMG in China Arthur Kerrigan Consultant KPMG in Ireland Previously a Senior Officer at the EU Commission Rufino de la Rosa Partner KPMG in Spain Previously with the Spanish Tax Authority Sandy Nicolson Partner KPMG in the United Sates of America Americas Lead, Global Indirect Tax Services Digital Economy Sector 2018 KPMG International Cooperative ( KPMG International ), a Swiss entity. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. All rights reserved. 10
11 The local environment Michael Whetton Senior Manager, Global Indirect Tax Services Digital Economy Sector, KPMG in the United Kingdom Andy van Esdonk Senior Manager, Global Indirect Tax Services Digital Economy Sector, KPMG in the Netherlands 11
12 Changing VAT regulatory environment member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. All rights reserved
13 A structured approach Map the current Map the future Build a control framework Understand your obligations & Prepare the business Influence where you can 13
14 Back to basics Identifying countries Who s liable Definitions Ongoing monitoring Type of customer Registration, filing, invoicing Thresholds member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. All rights reserved
15 From data to returns Maria Catala Garcia Head of Digital Services Compliance KPMG Global Services Hungary 15
16 Managing compliance in the digital economy Compliance challenges 2018 KPMG International Cooperative 2017 ( KPMG KPMG International ), a Cooperative Swiss entity. ( KPMG Member International ), firms of the KPMG a Swiss network entity. of Member independent firms firms of the are KPMG affiliated network with of KPMG independent International. firms are KPMG affiliated International with KPMG provides International. no client KPMG services. No 16 member firm has any authority to obligate International or bind KPMG provides International no client services. or any other No member firm has vis-à-vis any authority third parties, to obligate nor does or bind KPMG KPMG International have or any any such other authority member to firm obligate vis-à-vis or bind third any parties, member nor firm. does All KPMG rights reserved. International have any such authority to obligate or bind any member firm. All rights reserved.
17 Q&A how best to implement the changes Lachlan Wolfers Partner KPMG in China Michael Whetton Senior Manager KPMG in the United Kingdom Max van de Ven Partner KPMG in the Netherlands Andy Van Esdonk Senior Manager KPMG in the Netherlands 17
18 Local/Foreign Card Issuer Split Payment Systems Refunds Legal and Contracting Full v Simplified VAT registrations B2C Services Type of Customer B2G B2B Reverse Charge Invoicing B2B VAT Withholding Logistics firms B2C Goods Intermediaries/Marketplaces Scope and Definitions Customer Location Reverse Logistics Value Creation DST Digital PE 18
19 Session close Lachlan Wolfers Partner, Head of Indirect Tax, KPMG China, Tax Regional Leader, Asia Pacific Indirect Taxes, Global Leader, KPMG Digital Sector Indirect Tax Network 2018 KPMG International Cooperative 2017 ( KPMG KPMG International ), a Cooperative Swiss entity. ( KPMG Member International ), firms of the KPMG a Swiss network entity. of Member independent firms firms of the are KPMG affiliated network with of KPMG independent International. firms are KPMG affiliated International with KPMG provides International. no client KPMG services. No 19 member firm has any authority to obligate International or bind KPMG provides International no client services. or any other No member firm has vis-à-vis any authority third parties, to obligate nor does or bind KPMG KPMG International have or any any such other authority member to firm obligate vis-à-vis or bind third any parties, member nor firm. does All KPMG rights reserved. International have any such authority to obligate or bind any member firm. All rights reserved.
20 Thank you 20
21 kpmg.com/socialmedia 2018 KPMG International Cooperative ( KPMG International ), a Swiss entity. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm third parties, nor does KPMG International have any such authority to obligate or bind any member firm. All rights reserved. The KPMG name and logo are registered trademarks or trademarks of KPMG International. CREATE: CRT103346A
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