Malta Institute of Taxation Professional Certificate in Taxation 2016/2017
|
|
- Morgan Page
- 5 years ago
- Views:
Transcription
1 THEME FOUR 4. (a) The VAT Act brings within the scope of Malta VAT Supplies made by a taxable person acting as such. Examine the concept of a taxable person for VAT purposes. (b) The rules in the Third Schedule to the VAT Act establish where a transaction takes place for VAT purposes, and consequently where that transaction is taxed: illustrate how these rules distinguish between the different categories of transactions, and identify the criteria that are relevant for the purposes of determining whether or not those transactions are to be treated as taking place in Malta Malta Institute of Taxation Professional Certificate in Taxation 2016/2017 Matthew Booker (M) 28/04/17
2 (a) The VAT Act brings within the scope of Malta VAT Supplies made by a taxable person acting as such. Examine the concept of a taxable person for VAT purposes. The nature of any sales transaction requires the existence of at least two parties, a seller and a consumer. VAT is a taxed charged on consumption and it is the final consumer who ultimately suffers the tax burden. Having said this, VAT legislation generally burdens the seller of the goods/services as the primary responsible party for collection and payment of VAT. The VAT Act 1 provides specific guidance and further defines a seller of goods/services through the term taxable person. Being given the status of a taxable person therefore means that that party is responsible for charging, collecting and finally paying VAT to the tax authorities as well as filing a VAT return to document all of those activities. 2 Article 4(a) of the VAT Act provides that: there shall be charged, levied and collected on account of the Government a value added tax on every supply of goods or of services that takes place in Malta made on or after 1 January 1999 for consideration by a taxable person acting as such. The VAT Act, 3 which basis itself on the EU VAT Directive 4 defines a taxable person as a person who carries on an economic activity, whatever the purpose or result of that activity. In order to get an in depth understanding of the concept of a taxable person in VAT law, this definition can be further broken down into smaller definable segments. In accordance with the definition of person assigned to it in the VAT Act 5, we understand that this may include a physical person, a body of persons, a public authority and any entity capable of carrying on an economic activity. In practice, 1 VAT Act, Chapter 406 LoM 2 H van Arendonk, S Jansen, R van der Paart VAT in an EU and International Perspective, (IBFD 2011) 3 Article 5(1), VAT Act, Chapter 406 LoM 4 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax 5 Article 2, VAT Act, Chapter 406 LoM
3 however a taxable person is in general a business, sole trader or professional. 6 The VAT Act 7 also provides a definition of what constitutes economic activity and refers to an activity carried on by a person, other than an employee acting as such and consisting one of a number of activities. 8 In recent EU case C- 263/15 9, the Hungarian Tax Directorate refused the right to deduct VAT claimed by the applicants on the grounds that the planned activity was not an economic activity and therefore they could not be classified as taxable persons. The CJEU heard that it was not certain that the applicants had begun operating on the date they claimed the right to deduct VAT. It subsequently held however in referring to previous cases, 10 that: a person who has the intention.of commencing independently an economic activity within the meaning of Article 9 of Directive 2006/112 and incurs the first investment expenditure for those purposes must be regarded as a taxable person. It is interesting to note that, in case C- 223/03, 11 the Court stated that the scope of the term economic activity is very wide, and that the term is to be objective in character, in the sense that the activity is considered per se and without regard to its purpose or results. In the opinion of the Advocate General in case C- 6 vat- rules- topic/taxable- persons- under- eu- vat- rules_en Last Accessed: 20/04/17 7 Article 5(2), VAT Act, Chapter 406 LoM 8 a) any trade or business; b) any profession or vocation and the provision of any personal services (excl. employment); c) the exploitation of tangible or intangible property for the purpose of obtaining income therefrom on a continuing basis; d) the provision by a club, association or organisation (for a subscription or other consideration) of the facilities or advantages available to its members; e) the admission, for a consideration, of persons to any premises. 9 Lajvér Meliorációs Nonprofit Kft vs (NAV), Case C- 263/15 10 Gabalfrisa and Others, C- 110/98; and Breitsohl, Case C- 400/98 11 University of Huddersfield Higher Education Corporation vs Commissioners of Customs & Excise, Case C- 223/03
4 32/03, 12 it was stated that the fact that the whole enterprise is loss- making does not affect the right to deduct input tax. 13 After examining who is to be considered a taxable person for VAT purposes, one must also understand who is considered a non- taxable person. The VAT Act unfortunately does not give a helpful definition in this respect, in that it simply defines a non- taxable person as person who is not a taxable person. Article 5 of the VAT Act however does specify some specific types of person who s activities would not fall within the definition of economic activities and therefore who would not by inference be considered as taxable persons. Generally, private individuals acting as such will not be considered to be carrying out an economic activity and will therefore not be classed as taxable persons. However, it should be noted that some exceptions do exist such as when a private individual sells a means of transport which qualifies as new in terms of Article 5(4) to another person in the EU these are generally considered non- taxable natural persons. Another type of non- taxable natural persons are employees. Whilst these may, by virtue of the work they do, be prima facie seen to be carrying out an economic activity, in reality they are not acting independently and are in fact solely acting in their capacity as employees. As a result the activity is not deemed to appertain to them but rather to their employer. On the other hand, persons who carry out business activities independently will likely fall within the definition of a taxable person. In Case C- 355/06 the Court held that a natural person carrying out all work in the name and on behalf of a company that is a taxable person pursuant to a contract of employment binding him to that company of which he is also the sole shareholder, the sole manager and the sole member of staff, is not himself a taxable person In case C- 235/85 the Court explained that the definition of taxable person excludes all persons who are bound to an employer by a contract of employment or similar legal tie, as this would make them dependent on their employer. Interestingly, it referred to the profession of bailiffs and notaries, who, whilst subject to the disciplinary control of public authorities, still carry out their activities on their own account and on their own responsibility, and the fact their that their remuneration is determined by law is not sufficient to constitute a 12 I/S Fini H vs Skatteministeriet, Case C- 32/03 13 A. Schenk, V. Thuronyi, C. Wei, Value Added Tax, Cambridge University Press (2015)
5 similar tie to that of an employment contract. As a result it was found that these do fall within the definition of taxable persons. 14 Furthermore, it should be noted that non- taxable persons can also be legal persons. Article 5(3) of the VAT Act generally provides that the activities of a public authority acting in the exercise of the functions assigned to it by law are not deemed to be economic activities. In the recent case C- 520/14, 15 the CJEU referred to the definition of taxable person in Article 9(1) of the VAT Directive and held that a regional or local authority which provides a service for the transport of schoolchildren under conditions does not carry out an economic activity and is not therefore a taxable person. There are however some exceptions to this rule, as in the case of public authorities who carry out economic activities, since by treating them as non- taxable persons, this would have an effect of significantly distorting competition in the market. Additionally, the First Schedule to the VAT Act provides a list of public authorities which are considered as taxable persons, together with a list of certain specified activities which would still fall within the definition of taxable person even though they are carried out by a public authority. Certain specific types of entities whose main activities consist of controlling other entities do not generally fall within the definition of taxable persons. In Case C- 142/99, 16 the ECJ recognized that it has consistently held that a holding company whose sole purpose is to acquire holdings in other undertakings, without involving itself directly or indirectly in the management of those undertakings does not have the status of taxable person. However in case C- 8/03, 17 the Court ruled that open- ended investment companies (SICAVs) which have as their sole object the collective investment in transferable securities of capital raised from the public are to be considered taxable persons for VAT purposes. It can be seen therefore that the definition given to taxable person under EU and Maltese VAT law has a broad scope but does at the same time specifically exclude certain specific types of person. What is key to note however is that once a 14 Commission of the European Communities v Kingdom of the Netherlands, Case C- 235/85 15 Gemeente Borsele vs Staatssecretaris van Financiën, Case C- 520/14 16 Floridienne SA,Berginvest SA and Belgian State, Case C- 142/99, 17 Banque Bruxelles Lambert SA (BBL) vs État belge, Case C- 8/03
6 taxable person is classified as such, that person is not necessarily subject to VAT in all the transactions carried out by that person. Article 4 imposes VAT obligations on a taxable person qua taxable person. Ergo the person must fall within the definition as examined above, but must also be acting in his capacity as a taxable person in order to be subject to VAT law.
7 (b) The rules in the Third Schedule to the VAT Act establish where a transaction takes place for VAT purposes, and consequently where that transaction is taxed: illustrate how these rules distinguish between the different categories of transactions, and identify the criteria that are relevant for the purposes of determining whether or not those transactions are to be treated as taking place in Malta As mentioned previously, VAT is a tax on consumption, but equally it is also a territorial tax. As a result, the VAT Act provides for a number of rules which are to be applied in order to determine the place of supply of a transaction for VAT purposes. Therefore, the scope of these rules is to shift VAT obligations onto the place of consumption. Previously we examined the charging provision in Article 4(a) of the VAT Act which charges to tax every supply of goods or services that takes place in Malta made on or after 1 January 1999 for consideration by a taxable person acting as such. Therefore for supplies to be chargeable to VAT in Malta, they must take place in Malta. Therefore from the charging provision we understand that VAT is imposed on supplies of goods as well as on supplies of services. The 2 nd Schedule to the VAT Act defines a supply of goods as a transfer of the right to dispose of tangible property as owner, the jus abutendi. A supply of services is simply defined as a supply that is not a supply of goods. In order to determine the place of supply, the VAT Act 18 provides a general rule for the place of supply of goods and outlines three situations: (a) a supply of goods that are not transported takes place where the goods are at the time when they are placed at the disposal of the person acquiring those goods; (b) a supply of goods that are transported takes place where the goods are at the time when the transport of those goods begins; (c) when the transport of goods begins outside the Community and ends in a Member State the supply of those goods by the importer and any subsequent supply up to the acquisition of those goods takes place in the Member State where they are imported. 18 Item 1, Third Schedule, VAT Act, Chapter 406 LoM
8 The first two situations consider intra- community transactions, ergo movements of goods by a taxable person to another Member State within the European Union (EU). Whereas the last situation considers the movement of goods from outside the EU and into a EU Member State, which for VAT purposes would be referred to as an import. Therefore, an essential element in determining whether and which intra- community place of supply rules apply is whether the supply has taken place with or without transport. For this purpose, transport will be deemed to have occurred when there a business dispatches or transports its movable tangible property to another EU country. 19 Naturally, these general rules are however subject to a number of exceptions. One exception is made for goods which are installed or assembled and in this case the supply is deemed to take place where the goods are installed or assembled. Another exception to the general rule is made for goods supplied on board ships, aircraft or trains. Supplies of such goods during the part of a transport of passengers effected in the Community is deemed to take place at the point of departure of the transport of passengers. Further exceptions include what are known as distance sales as well as supplies of gas which the author believes to be outside the scope of this paper as they warrant a separate discussion in themselves. 20 The VAT Act continues to provide for place of supply rules for services also and establishes general rules for supplies of services to: a) Taxable persons (B2B services) the place of supply of services to a taxable person is where that person has established his business. However if those services are provided to a fixed establishment of the taxable person located in another place, the place of supply is where that fixed establishment is located. Where there is neither a place of establishment nor a fixed establishment, the place of supply is where the taxable person receiving the services has his permanent address or usually resides. b) Non- taxable persons (B2C services) - the place of supply of services to a 19 vat- rules- topic/taxable- transactions_en Last Accessed: 20/04/17 20 Items 2,3,4,5, Third Schedule, VAT Act, Chapter 406 LoM
9 non- taxable person is where the supplier has established his business. However if those services are provided from a fixed establishment of the supplier located in another place, the place of supply is where that fixed establishment is located. Where there is neither a place of establishment nor a fixed establishment, the place of supply is where the supplier of the services has his permanent address or usually resides. As was the case for supplies of goods, place of supply rules for services are also subject to a number of exceptions which can be split up into groups; the first of which apply in all cases and the second of which only apply to supplies of services to non- taxable persons. With regard to the first group, exceptions include the supply of passenger transport which is deemed to take place where the transport takes place, calculated proportionately to the distances covered. In addition, the place of short- term hiring of a means of transport is deemed to be the place where the means of transport is put in the hands of the customer. 21 Another exception is made for the supply of services which are connected with immovable property which is deemed to take place where the immovable is located 22 this provision therefore makes an exception in order to stress the importance to the lex situs and place of consumption principle. It is also a very wide exception and includes almost all services which have some connection with immovable property. In Case C- 155/12 23 the Court stated that a large number of services are connected in one way or another with immovable property, however it is also necessary that the supply of services should relate to the immovable property itself. In Case C- 530/09 24 the Court held that only supplies of services which have a sufficiently direct connection with immovable property can be covered. The court stated that the mere fact that a fair or exhibition stand must (on temporary basis), be installed on immovable property, or inside such property, is insufficient to establish a sufficient connection. The final exception within this group, is for supplies of services in respect to cultural, artistic, sporting, scientific, educational, entertainment or similar events and their ancillary services. For the admission into these events supplied to 21 Items 5 and 8, Third Schedule, VAT Act, Chapter 406 LoM 22 ibid. item 4 23 Minister Finansów v RR Donnelley Global Turnkey Solutions Poland sp. z o.o., Case C- 155/12 24 Inter- Mark Group sp. z o.o. sp. komandytowa v Minister Finansów, Case C- 530/09
10 taxable persons, the place of supply is deemed to be where the events actually take place. The place of supply for the services themselves supplied to non- taxable persons is also where those activities take place. 25 With regard to the second group of services, those specific only to non- taxable persons, the first exception is made for services rendered to a non- taxable person by an intermediary acting in the name and on behalf of another person is deemed to be the place where the underlying transaction is supplied. 26 Another exception is that relating to supplies of the transport of goods. Supplies of the transport of goods to non- taxable persons intra- Community are deemed to take place at the place of departure. With regard to transport of goods other than intra- Community but still made to non- taxable persons, the place of supply is deemed to be the place where the transport takes place, calculated in proportion to the distances covered. 27 Further exceptions to the general rule within this group include ancillary transport activities and valuation of a work on movable tangible property as well as for telecommunications, broadcasting and electronic services amongst others. 28 It has been seen therefore that the VAT Act sets out general rules as well as a number of exceptions for the determination of the place of supply to adhere to the principle of the lex situs in order to allocate VAT obligations to the country of consumption. In addition to these rules however the VAT Act incorporates another important provision to this end. Item 12 of the Third Schedule provides that in order to prevent double- taxation, or distortion of competition, the VAT Commissioner may change the place of supply of any or all of those services, if situated within Malta, as being situated outside the Community if the effective use and enjoyment of the services takes place outside the Community and vice versa. This therefore is a very influential provision, which gives the Commissioner a lot of power and discretion and its application should not be taken lightly. 25 Item 6, Third Schedule, VAT Act, Chapter 406 LoM 26 Ibid. Item 3 27 Ibid. Item 5(2) 28 Third Schedule, VAT Act, Chapter 406 LoM
- Observation of competitiveness rule which is to ensure the same taxation rules apply for all taxpayers in the Member States.
The Tax on Goods and Services(VAT) Introduction VAT was introduced in Poland in 1993. Since 1 May 2004 it has been harmonized with the common system of VAT binding in the Member States of the European
More informationThis seminar is brought to you by. Roly Pipe & Partners
This seminar is brought to you by Roly Pipe & Partners Roly Pipe CTA roly@thevatman.com The Mini One-Stop Shop (MOSS) for taxpayers with a place of belonging in one Member State Current rules for place
More informationRoly Pipe & Partners. Roly Pipe AIIT. Copyright 2009 Roly Pipe & Partners
Roly Pipe & Partners Roly Pipe AIIT roly@thevatman.com 1 VALUE ADDED TAX The Place of Supply Rules Legal Framework Effect of current rules Effect of 2010 rules Effect of new 2011 rules New rules taking
More informationOfficial Journal of the European Union L 44/11 DIRECTIVES
20.2.2008 Official Journal of the European Union L 44/11 DIRECTIVES COUNCIL DIRECTIVE 2008/8/EC of 12 February 2008 amending Directive 2006/112/EC as regards the place of supply of services THE COUNCIL
More informationTable of Contents. Part One Introduction. Part Two VAT/GST Double (Non-)Taxation and Possible Remedies. Chapter 2: VAT/GST Double (Non-)Taxation 27
Table of Contents Foreword List of Abbreviations vii xvii VAT/GST Model Tax Convention 1 Part One Introduction Chapter 1: Introduction 21 Part Two VAT/GST Double (Non-)Taxation and Possible Remedies Chapter
More informationRepublika e Kosovës Republika Kosovo-Republic of Kosovo Kuvendi - Skupština - Assembly
Republika e Kosovës Republika Kosovo-Republic of Kosovo Kuvendi - Skupština - Assembly LAW Nr.03/L- 146 Assembly of Republic of Kosovo, ON VALUE ADDED TAX In support of Article 65(1) of the Constitution
More informationVALUE ADDED TAX COMMITTEE (ARTICLE 398 OF DIRECTIVE 2006/112/EC) WORKING PAPER NO 906
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration Value added tax taxud.c.1(2016)3297911 EN Brussels, 6 June 2016 VALUE ADDED TAX COMMITTEE (ARTICLE
More information11/12/ Eyes Ltd. The VAT package. Major changes to VAT from 1 January 2010
The VAT package Major changes to VAT from 1 January 2010 The European Council has published a new package of measures (known as the VAT Package) setting out significant changes to the rules on the place
More informationIntegrated text of Council Directive 2006/112/EC on the common system of value added tax (the Recast VAT Directive)
Integrated text of Council Directive 2006/112/EC on the common system of value added tax (the Recast VAT Directive) Preambles Council Directive 2006/112/EC of 28 November 2006 on the common system of value
More informationDIRECTIVES. Having regard to the Treaty on the Functioning of the European Union, and in particular Article 113 thereof,
29.12.2017 L 348/7 DIRECTIVES COUNCIL DIRECTIVE (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain value added tax obligations for supplies of
More informationVAT Package Yannick Zeippen, Jacques Verschaffe! promoculture. larcier
VAT Package 2010-2015 Yannick Zeippen, Jacques Verschaffe! 3 O
More informationJUDGMENT OF THE COURT (Fifth Chamber) 12 May 2016 (*)
JUDGMENT OF THE COURT (Fifth Chamber) 12 May 2016 (*) (Reference for a preliminary ruling Value added tax Directive 2006/112/EC Articles 2(1)(c) and 9(1) Taxable persons Economic activities Definition
More informationIntegrated text of Council Directive 2006/112/EC on the common system of value added tax
Integrated text of Council Directive 2006/112/EC on the common system of value added tax Title I Subject Matter and Scope Article 1 [Subject] 1. This Directive establishes the common system of value added
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Amended proposal for a COUNCIL DIRECTIVE
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 20.7.2005 COM(2005) 334 final 2003/0329 (CNS) Amended proposal for a COUNCIL DIRECTIVE amending Directive 77/388/EEC as regards the place of supply of services
More informationAct No. 222/2004 Coll. ON VALUE ADDED TAX
Act No. 222/2004 Coll. ON VALUE ADDED TAX Act No. 350/2004 Coll. and Act No. 651/2004 Coll. as amended by The National Council of the Slovak Republic has resolved upon the following Act: Basic Provisions
More informationIntegrated text of Council Directive 2006/112/EC on the common system of value added tax (the Recast VAT Directive)
Integrated text of Council Directive 2006/112/EC on the common system of value added tax (the Recast VAT Directive) Preambles Directive 2006/112/EC VAT Directive (recast) Council Directive 2006/138/EC
More informationGLOBAL INDIRECT TAX. Sweden. Country VAT/GST Essentials. kpmg.com TAX
GLOBAL INDIRECT TAX Sweden Country VAT/GST Essentials kpmg.com TAX b Sweden: Country VAT/GST Essentials Sweden: Country VAT/GST Essentials Contents Scope and Rates 2 What supplies are liable to VAT? 2
More informationEnforcement of EU Tax Law and Legal Remedies, Country Report for Belgium.
Enforcement of EU Tax Law and Legal Remedies, Country Report for Belgium. Prof. Patrick Wille President VAT Forum Chief VAT Officer Avalara Minimum price for new cars Royal decree N 17, Article
More informationCouncil of the European Union Brussels, 28 November 2017 (OR. en)
Council of the European Union Brussels, 28 November 2017 (OR. en) Interinstitutional File: 2016/0370 (CNS) 14126/17 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: FISC 256 ECOFIN 922 UD 257 COUNCIL DIRECTIVE
More informationGLOBAL INDIRECT TAX. Malta. Country VAT/GST Essentials. kpmg.com TAX
GLOBAL INDIRECT TAX Malta Country VAT/GST Essentials kpmg.com TAX b Malta: Country VAT/GST Essentials Malta: Country VAT/GST Essentials Contents Scope and Rates 2 What supplies are liable to VAT? 2 What
More informationVALUE ADDED TAX COMMITTEE (ARTICLE 398 OF DIRECTIVE 2006/112/EC) WORKING PAPER NO 838
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration Value added tax taxud.c.1(2015)565227 EN Brussels, 5 February 2015 VALUE ADDED TAX COMMITTEE
More informationChapter 16 Indirect Taxation
Chapter 16 Indirect Taxation www.pwc.com/mt/doingbusiness Doing Business in Malta INDIRECT TAXES IN MALTA Value added tax (VAT) is charged on supplies of goods and services made in Malta, on intra-community
More informationb. Proportionality-Proposal imposes a disproportionate administrative burden on operators and/or national administration
D. 3825/11 SF 3.860 Appendix 1 Policy Option Analysis The following paragraphs encapsulate the views of the ECC members in connection with the options for change that appear on the matrix. They represent
More informationEDITORIAL. Newsletter 33 April Law says Editorial 1. VAT New Rules 2/5. Tax Authorities determine that... 6
Newsletter 33 April 010 TAX law practice area Editorial 1 Law says... 6 VAT 010 - New Rules /5 Tax Authorities determine that... 6 EDITORIAL It is with great pleasure that we present our 010 first quarter
More informationGST. Time & Place of Supply and Input Tax Credit under Revised Model GST Law
958 Time & Place of Supply and Input Tax Credit under Revised Model Law Revised Model Goods and Services Tax ( ) Law [ MGL ], put on public domain on November 26, 2016, which reflects seeming efforts put
More informationIntegrated Goods and Services Tax (IGST)
1. The introduction of Goods and Services Tax (GST) is a significant reform in the field of indirect taxes in our country. Multiple taxes levied and collected by the Centre and the States will be replaced
More information(Non-legislative acts) REGULATIONS
23.3.2011 Official Journal of the European Union L 77/1 II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive
More information5531/11 MRS/DOS/kp DG G1
COUNCIL OF THE EUROPEAN UNION Brussels, 4 March 2011 (OR. en) 5531/11 Interinstitutional File: 2009/0177 (NLE) FISC 6 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: COUNCIL IMPLEMTING REGULATION laying
More informationProposal for a COUNCIL DIRECTIVE
EUROPEAN COMMISSION Brussels, 11.12.2018 COM(2018) 819 final 2018/0415 (CNS) Proposal for a COUNCIL DIRECTIVE amending Council Directive 2006/112/EC of 28 November 2006 as regards provisions relating to
More informationVAT FOR ARTISTS IN AN INTERNATIONAL CONTEXT
Tax Advisers VAT FOR ARTISTS IN AN INTERNATIONAL CONTEXT Dr. Dick Molenaar 2017 Rotterdam, the Netherlands www.allarts.nl VAT FOR ARTISTS IN AN INTERNATIONAL CONTEXT 1. INTRODUCTION Activities of artists
More informationCONSOLIDATED TO 1 DECEMBER 2014 LAWS OF SEYCHELLES
CONSOLIDATED TO 1 DECEMBER 2014 LAWS OF SEYCHELLES VALUE ADDED TAX ACT [1st January, 2013] Act 35of 2010 Act 3 of 2012 Act 13 of 2012 S.I. 62 of 2012 S.I. 65 of 2012 S.I. 33 of 2013 S.I. 34 of 2013 S.I.
More informationEUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax Administration Value Added Tax GFV N O 071
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax Administration Value Added Tax Group on the future of VAT 21st meeting 12 March 2018 taxud.c.1(2018)1410119
More informationProposal for a COUNCIL IMPLEMENTING REGULATION
EUROPEAN COMMISSION Brussels, 11.12.2018 COM(2018) 821 final 2018/0416 (NLE) Proposal for a COUNCIL IMPLEMENTING REGULATION amending Implementing Regulation (EU) No 282/2011 as regards supplies of goods
More informationFinance Act 2008 update
Finance Act 2008 update Introduction This newsletter is an update on the information set out in June in our Budget newsletter. The Budget newsletter, which was based on the speech of the Minister for Finance,
More informationHungary - Singapore Income Tax Treaty (1997)
Hungary - Singapore Income Tax Treaty (1997) Status: In Force Conclusion Date: 17 April 1997. Entry into Force: 18 December 1998. Effective Date: 1 January 1999 (see Article 29). AGREEMENT BETWEEN THE
More informationProfessional Level Options Module, Paper P6 (MLA)
Answers Professional Level Options Module, Paper P6 (MLA) Advanced Taxation (Malta) June 2009 Answers 1 (a) REPORT To: The directors of Quickbuck Limited From: XYZ tax advisor Date: 1 June 2009 Subject:
More informationOPINION OF MR ADVOCATE GENERAL VAN GERVEN delivered on 24 April 1991 *
P01.Y5AR INVESTMENTS NETHERLANDS OPINION OF MR ADVOCATE GENERAL VAN GERVEN delivered on 24 April 1991 * Mr President, Members of the Court, 1. Polysar Investments Netherlands B. V. (hereinafter 'Polysar'),
More informationGLOBAL INDIRECT TAX. Lithuania. Country VAT/GST Essentials. kpmg.com TAX
GLOBAL INDIRECT TAX Lithuania Country VAT/GST Essentials kpmg.com TAX b Lithuania: Country VAT/GST Essentials Lithuania: Country VAT/GST Essentials Contents Scope and Rates 2 What supplies are liable to
More informationJUDGMENT OF THE COURT (First Chamber) 14 November 2000 *
FLORIDIENNE AND BERGINVEST JUDGMENT OF THE COURT (First Chamber) 14 November 2000 * In Case C-142/99, REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the Tribunal de Première
More informationVAT NEWSLETTER Q4-2017
VAT NEWSLETTER Q4-2017 www.zampadebattista.com Excellence is our aim. Pro-activeness is key to our success. Contents 1.0 LOCAL NEWS 2.2 ADOPTION BY THE ECOFIN OF THE NEW RULES FOR VAT ON 1.1 1.2 1.3 1.4
More informationMALTA DOUBLE TAX TREATIES
MALTA DOUBLE TAX TREATIES Focus Business Services (Malta) Limited STRAND TOWERS Floor 2 36 The Strand Sliema, SLM 1022 P O BOX 84 MALTA T: +356 2338 1500 F: +356 2338 1111 enquiries@fbsmalta.com www.fbsmalta.com
More informationProfessional Level Options Module, Paper P6 (MLA) 1 Notes for meeting with the shareholders of A Company Limited (ACL)
Answers Professional Level Options Module, Paper P6 (MLA) Advanced Taxation (Malta) June 2011 Answers 1 Notes for meeting with the shareholders of A Company Limited (ACL) Prepared for: Tax Manager By:
More informationProfessional Level Options Module, Paper P6 (MLA)
Answers Professional Level Options Module, Paper P6 (MLA) Advanced Taxation (Malta) December 2014 Answers 1 (a) Tax Consultant 14, Main Street Valletta The Directors Borg Co 18, Main Street Mosta 3 December
More informationMALTA. Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Malta
MALTA Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Malta Whereas the annexed Agreement between the Government of the Republic of India and the Republic of Malta for
More informationREPUBLIC OF LITHUANIA LAW ON VALUE ADDED TAX. 5 March 2002 No IX-751 Vilnius CHAPTER I GENERAL PROVISIONS
REPUBLIC OF LITHUANIA LAW ON VALUE ADDED TAX 5 March 2002 No IX-751 Vilnius CHAPTER I GENERAL PROVISIONS Article 1. Scope of the Law By Law No IX-1960 of 15 01 2004 (from 01 05 2004) 1. This Law establishes
More informationUK/NETHERLANDS DOUBLE TAXATION CONVENTION AND PROTOCOL SIGNED IN LONDON ON 26 SEPTEMBER 2008
UK/NETHERLANDS DOUBLE TAXATION CONVENTION AND PROTOCOL SIGNED IN LONDON ON 26 SEPTEMBER 2008 This Convention and Protocol have not yet entered into force. This will happen when both countries have completed
More informationVAT in the European Community APPLICATION IN THE MEMBER STATES, INFORMATION FOR USE BY: ADMINISTRATIONS/TRADERS INFORMATION NETWORKS, ETC.
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration VAT and other turnover taxes Brussels, October 2010 TAXUD/C/1 VAT in the European Community APPLICATION
More informationAGREEMENT OF 22 ND MARCH, The Netherlands. This Agreement shall apply to persons who are residents of one or both of the Contracting Parties.
AGREEMENT OF 22 ND MARCH, 2010 The Netherlands Chapter I Scope of the Agreement Article 1 Persons Covered This Agreement shall apply to persons who are residents of one or both of the Contracting Parties.
More informationREPORT ON THE OUTCOME OF THE CONSULTATION ON ''INTRODUCTION OF A MECHANISM FOR ELIMINATING DOUBLE IMPOSITION OF VAT IN INDIVIDUAL CASES''
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration VAT and other turnover taxes Brussels, 24 October 2007 TAXUD/D1/EWS/mav D(2007) 15925 REPORT
More informationTHE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA,
Agreement Between the Government of Canada and the Government of the Republic of India for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital
More informationArticle 1. Personal scope. This Agreement shall apply to persons who are residents of one or both of the Contracting States. Article 2.
AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF HUNGARY FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AUSTRALIA AND THE REPUBLIC OF HUNGARY,
More information(Non-legislative acts) REGULATIONS
26.10.2013 Official Journal of the European Union L 284/1 II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 1042/2013 of 7 October 2013 amending Implementing Regulation (EU)
More informationCommon VAT Agreement of the States of the Gulf Cooperation Council (GCC)
Common VAT Agreement of the States of the Gulf Cooperation Council (GCC) The Member States of the Gulf Cooperation Council (GCC), namely: The United Arab Emirates, The Kingdom of Bahrain, The Kingdom of
More informationJUDGMENT OF THE COURT (Fifth Chamber) 22 February 2001 *
JUDGMENT OF THE COURT (Fifth Chamber) 22 February 2001 * In Case C-408/98, REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the High Court of Justice of England and Wales,
More informationVAT in the European Community APPLICATION IN THE MEMBER STATES, FACTS FOR USE BY ADMINISTRATIONS/TRADERS INFORMATION NETWORKS ETC...
VAT in the European Community APPLICATION IN THE MEMBER STATES, FACTS FOR USE BY ADMINISTRATIONS/TRADERS INFORMATION NETWORKS ETC... Note This document collates a range of basic information on the application
More informationVERŻJONI ELETTRONIKA. 2. It is hereby declared:
B 28 L.N. 1 of 2016 INCOME TAX ACT (CAP. 123) Double Taxation Relief (Taxes on Income) (The Kingdom of the Netherlands, in respect of Curaçao) Order, 2016 IN exercise of the powers conferred by article
More informationCOUNCIL IMPLEMENTING REGULATION (EU) NO 282/2011 OF 15 MARCH 2011
COUNCIL IMPLEMENTING REGULATION (EU) NO 282/2011 OF 15 MARCH 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (recast) THE COUNCIL OF THE EUROPEAN
More informationMALTA DOUBLE TAX TREATIES
MALTA DOUBLE TAX TREATIES Focus Business Services (Malta) Limited STRAND TOWERS Floor 2 36 The Strand Sliema, SLM 1022 P O BOX 84 MALTA T: +356 2338 1500 F: +356 2338 1111 enquiries@fbsmalta.com www.fbsmalta.com
More informationChapter 11 Tax System
Chapter 11 Tax System www.pwc.com/mt/doingbusiness Doing Business in Malta Principal taxes The principal taxes under Maltese law are: Income tax, which includes tax on income and on capital gains of individuals,
More informationThe supply of services will depend on the rules of articles 44 and 45 of the Principal VAT Directive.
Question 3 Dear Colleague, Thank you for your enquiry regarding the issue you have at hands. The services supplied by your client seem to have a composite nature, but I will try to address all the points
More informationCOUNCIL OF THE EUROPEAN UNION. Brussels, 20 December /12 Interinstitutional File: 2012/0354 (NLE) FISC 204
COUNCIL OF THE EUROPEAN UNION Brussels, 20 December 2012 17890/12 Interinstitutional File: 2012/0354 (NLE) FISC 204 PROPOSAL from: European Commission dated: 18 December 2012 No Cion doc.: COM(2012) 763
More informationConvention. between. New Zealand and Japan. for the. Avoidance of Double Taxation. and the Prevention of Fiscal Evasion
Convention between New Zealand and Japan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income New Zealand and Japan, Desiring to conclude a new Convention
More informationThere have been many changes in the world of VAT over the past year, including the following:
There have been many changes in the world of VAT over the past year, including the following: Changes to the VAT on property legislation Draft Consolidated VAT Act ECJ case law including Swiss Re relating
More informationCONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS
CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS FOR THE ELIMINATION OF DOUBLE TAXATION WITH RESPECT TO TAXES ON
More information2005 Income and Capital Gains Tax Convention and Notes
2005 Income and Capital Gains Tax Convention and Notes Treaty Partners: Botswana; United Kingdom Signed: September 9, 2005 In Force: September 4, 2006 Effective: In Botswana, from July 1, 2007. In the
More informationChapter 12. Tax Administration. 94 PwC
Chapter 12 Tax Administration 94 PwC The government departments responsible for the administration of the main tax laws are: The Inland Revenue Department for income tax and stamp duty The Value Added
More informationGuide to the VAT mini One Stop Shop
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration VAT Brussels, 23 October 2013 Guide to the VAT mini One Stop Shop (REV 1 applicable from 1 January
More informationFocus Business Services (Malta) Limited
Focus Business Services (Malta) Limited STRAND TOWERS Floor 2 36 The Strand Sliema, SLM 1022 P.O. BOX 84 MALTA T: +356 2338 1500 F: +356 2338 1111 enquiries@fbsmalta.com www.fbsmalta.com V. November 2011
More informationCONVENTION. between THE GOVERNMENT OF BARBADOS. and THE GOVERNMENT OF THE REPUBLIC OF GHANA
CONVENTION between THE GOVERNMENT OF BARBADOS and THE GOVERNMENT OF THE REPUBLIC OF GHANA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON
More informationTHE INTEGRATED GOODS AND SERVICES TAX (IGST) ACT, 2016
THE INTEGRATED GOODS AND SERVICES TAX (IGST) ACT, 2016 IGST Act, 2016 11 Chapters 33 Sections +91-7666619356 milindkale@mkca.co.in CHAPTER- I PRELIMINARY Section 1: Short title, extent and commencement
More informationSAMOA VALUE ADDED GOODS AND SERVICES TAX ACT 2015
SAMOA VALUE ADDED GOODS AND SERVICES TAX ACT 2015 Arrangement of Provisions PART 1 PRELIMINARY 1. Short title and commencement 2. Interpretation 3. Definition of taxable activity 4. Definition of fair
More informationInstitute of Cost Accountants of India
IGST: THE INTEGRATED GOODS & SERVICES TAX ACT, 2017 Old Model GST Law Nov 2016 GST Bill Mar 2017 CHAPTER I PRELIMINARY 1(2) Applicability It extends to the whole of India 1(2) Applicability It shall extend
More informationVALUE ADDED TAX COMMITTEE (ARTICLE 398 OF DIRECTIVE 2006/112/EC) WORKING PAPER NO 786
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration Value added tax taxud.c.1(2014)201835 EN Brussels, 28 January 2014 VALUE ADDED TAX COMMITTEE
More informationJUDGMENT OF THE COURT (First Chamber) 28 April 2016 (*)
JUDGMENT OF THE COURT (First Chamber) 28 April 2016 (*) (Reference for a preliminary ruling Taxation VAT Taxable transactions Application for the purposes of the business of goods acquired in the course
More informationCONVENTION. Article 1 PERSONS COVERED. This Convention shall apply to persons who are residents of one or both of the Contracting States.
CONVENTION BETWEEN THE KINGDOM OF SPAIN AND THE REPUBLIC OF ARMENIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL The Kingdom
More informationThe Government of the Republic of Estonia and the Government of the United Kingdom of Great Britain and Northern Ireland;
CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ESTONIA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL
More information1. In this Act "the Principal Act" means the Value-Added Tax Act, Section 1 of the Principal Act is hereby amended by
VALUE-ADDED TAX (AMENDMENT) ACT 1978 VALUE-ADDED TAX (AMENDMENT) ACT 1978 - LONG TITLE AN ACT TO AMEND THE VALUE-ADDED TAX ACT, 1972, AND THE ACTS AMENDING THAT ACT AND TO PROVIDE FOR RELATED MATTERS.
More informationUK/IRELAND INCOME AND CAPITAL GAINS TAX CONVENTION Signed June 2, Entered into force 23 December 1976
UK/IRELAND INCOME AND CAPITAL GAINS TAX CONVENTION Signed June 2, 1976 Entered into force 23 December 1976 Effective in the UK for: i) Income Tax (other than Income Tax on salaries, wages, remuneration
More informationJUDGMENT OF THE COURT (Second Chamber) 11 May 2017 (*)
JUDGMENT OF THE COURT (Second Chamber) 11 May 2017 (*) (Reference for a preliminary ruling Taxation Common system of value added tax Directive 2006/112/EC Article 2(1)(a) Article 14(1) Taxable transactions
More informationVALUE ADDED TAX COMMITTEE (ARTICLE 398 OF DIRECTIVE 2006/112/EC) WORKING PAPER NO 958
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration Value added tax taxud.c.1(2018)6248826 EN Brussels, 30 October 2018 VALUE ADDED TAX COMMITTEE
More informationVAT in the European Community APPLICATION IN THE MEMBER STATES, FACTS FOR USE BY ADMINISTRATIONS/TRADERS INFORMATION NETWORKS ETC.
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration VAT and other turnover taxes VAT in the European Community APPLICATION IN THE MEMBER STATES,
More informationThe Government of the Republic of Estonia and the Government of Malta,
CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ESTONIA AND THE GOVERNMENT OF MALTA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME The Government
More informationCONVENTION. Signed in Beirut on July 26, 1999 Ratified by Law N. 178 dated May 24, 2000 Published in the O.G N. 25 of June 8, 2000
CONVENTION Between the Lebanese Republic and the Republic of Poland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital Signed in Beirut
More information2017 Tax Summary Kosovo
2017 Tax Summary Kosovo Table of Contents 1. Value-Added Tax (VAT)... 2 1.1 Registration for VAT... 2 1.2 Object of Taxation... 2 1.3 VAT Rates... 2 1.4 Chargeability of VAT... 2 1.5 VAT Refunds... 3 1.6
More informationINCOME TAX ACT, 1948 (ACT NO. LIV OF 1948) Double Taxation Relief (Taxes on Income) (Kingdom of Belgium) Order, 1976
L.N. 108 of 1976 INCOME TAX ACT, 1948 (ACT NO. LIV OF 1948) Double Taxation Relief (Taxes on Income) (Kingdom of Belgium) Order, 1976 IN exercise of the powers conferred by section 68A of the Income Tax
More informationNIGERIA - BELGIUM DTA INCOME TAX TREATY
NIGERIA - BELGIUM DTA INCOME TAX TREATY AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF NIGERIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION
More informationWhy not VAT on intra-eu supplies of goods and services? Christian Amand September 18th 2018
Why not VAT on intra-eu supplies of goods and services? Christian Amand September 18th 2018 1957: how to combine turnover taxes levied a each stage of the production with a future internal market? (Campet
More informationJUDGMENT OF THE COURT (First Chamber) 27 September 2001 *
CIBO PARTICIPATIONS JUDGMENT OF THE COURT (First Chamber) 27 September 2001 * In Case C-16/00, REFERENCE to the Court under Article 234 EC by the tribunal administratif de Lille (France) for a preliminary
More informationOPINION OF MR ADVOCATE GENERAL LENZ delivered on 20 January 1994 *
TOLSMA v INSPECTEUR DER OMZETBELASTING OPINION OF MR ADVOCATE GENERAL LENZ delivered on 20 January 1994 * Mr President, Members of the A Introduction Court, 2. In the main proceedings the plaintiff Mr
More informationMALTA DOUBLE TAX TREATIES
MALTA DOUBLE TAX TREATIES Focus Business Services (Malta) Limited STRAND TOWERS Floor 2 36 The Strand Sliema, SLM 1022 P O BOX 84 MALTA T: +356 2338 1500 F: +356 2338 1111 enquiries@fbsmalta.com www.fbsmalta.com
More informationTable of Contents. Contributors Introduction 567
Table of Contents Contributors 565 1. Introduction 567 2. Taxable Persons 571 2.1. VAT grouping 571 2.1.1. Austria 572 2.1.2. Belgium 572 2.1.3. Cyprus 573 2.1.4. Czech Republic 573 2.1.5. Denmark 574
More information(c) that it is expedient that those arrangements should have effect.
Double Taxation Relief (Between the Federal Republic Of Nigeria and the Government of the Kingdom Of Belgium) Order 1997 Under section 45(1) Commencement: 1 st January, 1990 WHEREAS it is provided by section
More informationEU VAT FORUM INTERIM REPORT OF THE SUB-GROUP ON CROSS- BORDER RULINGS (CBR) DECISIONS OF THE EU VAT FORUM ON THE
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION Indirect Taxation and Tax administration Tax administration and fight against tax fraud Brussels 27 June 2014 taxud.c.4/(2014)2061860rev
More informationAGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE STATE OF QATAR FOR THE AVOIDANCE OF DOUBLE TAXATION
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE STATE OF QATAR FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
More informationCONVENTION BETWEEN IRELAND AND THE KINGDOM OF MOROCCO FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION
CONVENTION BETWEEN IRELAND AND THE KINGDOM OF MOROCCO FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME The Government of Ireland and the Government
More informationCONVENTION BETWEEN IRELAND AND THE REPUBLIC OF GHANA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES
CONVENTION BETWEEN IRELAND AND THE REPUBLIC OF GHANA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND CAPITAL GAINS The Government of Ireland
More informationC O N V E N T I O N BETWEEN THE STATE OF KUWAIT AND THE KINGDOM OF SPAIN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION
C O N V E N T I O N BETWEEN THE STATE OF KUWAIT AND THE KINGDOM OF SPAIN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL The State
More informationJUDGMENT OF THE COURT (Third Chamber) 22 December 2010 *
JUDGMENT OF THE COURT (Third Chamber) 22 December 2010 * (Sixth VAT Directive Right to deduction Purchase of vehicles and use for leasing transactions Differences between the tax regimes of two Member
More informationDouble Taxation Avoidance Agreement between Malaysia and U.K.
Double Taxation Avoidance Agreement between Malaysia and U.K. Entered into force on July 8,1998 This document was downloaded from ASEAN Briefing (www.aseanbriefing.com) and was compiled by the tax experts
More informationINCOME TAX ACT (CAP. 123) Double Taxation Relief (Taxes on Income) (Republic of Cyprus) Order, 1994
L.N. 139 of 1994 INCOME TAX ACT (CAP. 123) Double Taxation Relief (Taxes on Income) (Republic of Cyprus) Order, 1994 IN exercise of the powers conferred by section 76 of the Income Tax Act, the Minister
More information