{"title":"Fundamental freedoms and VAT: an analysis based on the Credit Lyonnais case","authors":"Karoline Spies","doi":"10.1080/20488432.2018.1460970","DOIUrl":"https://doi.org/10.1080/20488432.2018.1460970","url":null,"abstract":"ABSTRACT In the Credit Lyonnais case, the CJEU concluded that the proportion of input VAT deduction on mixed-use goods and services is to be calculated by taking into account the output supplies carried out by establishments located within the same territory only. This interpretation of the VAT Directive leads to a different treatment of domestic and foreign branches and is, hence, questionable in the light of the freedom of establishment. This paper analyses the impact of the fundamental freedoms on VAT law in general and possible reasons behind the interpretation chosen by the Court in the Credit Lyonnais case more specifically.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116357586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"When does the carrying out of transactions for consideration give rise to an economic activity relevant for VAT purposes? An insight into the relationship between the notions of consideration and income according to the Court of Justice of the EU","authors":"M. Mantovani","doi":"10.1080/20488432.2017.1348863","DOIUrl":"https://doi.org/10.1080/20488432.2017.1348863","url":null,"abstract":"ABSTRACT The difference between consideration and income is relevant for VAT purposes. A supply of goods or a provision of services is subject to VAT if it is carried out for consideration. An activity is economic when it is carried out for the purposes of obtaining income on a continuing basis. Supplying goods or services for consideration does not mean that such an activity is economic for VAT purposes and the person who carries it out is a taxable person. To this end, income has to be yielded from the activity. The Court of Justice of the European Union has recently addressed the issue of the difference between income and consideration in two similar cases. Starting from these cases, the article analyses the concepts of consideration, economic activity and taxable person, and their mutual relationships, with a view to explaining when carrying out transactions for consideration gives rise to an economic activity relevant for VAT purposes and, as a consequence, the person who runs the activity becomes a VAT taxable person.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123553811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Recent GST developments in New Zealand","authors":"M. Pallot","doi":"10.1080/20488432.2017.1308681","DOIUrl":"https://doi.org/10.1080/20488432.2017.1308681","url":null,"abstract":"In applying these principles, the guidelines acknowledge that it is not possible to determine where final consumption of services and intangibles occurs without the adoption of ‘proxies’ for consumption – that is, workable rules that make assumptions about the place of consumption. For the most part the guidelines therefore focus on establishing these proxies. A key proxy, and the main focus of this article, is the use of the customer residence test in determining the place of taxation for B2C ‘remote’ (as opposed to ‘on the spot’) supplies.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":" 64","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113952573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Case C-518/14, ECLI:EU:C:2016:691—Senatex on the concept of deduction of input tax, concerning invoices not showing a tax number or VAT identification number and legislation of a Member State excluding the ex tunc correction of an invoice","authors":"R. Ismer, K. Artinger","doi":"10.1080/20488432.2017.1304755","DOIUrl":"https://doi.org/10.1080/20488432.2017.1304755","url":null,"abstract":"","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134418357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The value of the voucher directive on the EU VAT treatment of vouchers","authors":"B. Terra, Elze T. Terra","doi":"10.1080/20488432.2017.1306331","DOIUrl":"https://doi.org/10.1080/20488432.2017.1306331","url":null,"abstract":"After four years, eight Presidency terms and numerous Presidency compromise proposals that followed the Commission’s initial proposal,1 on 27 June 2016 the European Council adopted a Directive to h...","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122220956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Poland’s introduction of joint and several liability for a proxy filing a taxpayer’s VAT registration form","authors":"Małgorzata Se̜k","doi":"10.1080/20488432.2017.1304761","DOIUrl":"https://doi.org/10.1080/20488432.2017.1304761","url":null,"abstract":"ABSTRACT This article examines a new feature of the Polish tax system (in force since 1 January 2017)—the joint and several liability of a proxy, who has filed a taxpayer’s VAT registration form, for the tax arrears of said taxpayer arising in the first six months of operation. The purpose as well as the personal and objective scope of the liability are analyzed in detail. The EU context is also considered.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128275755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"UberX drivers supply taxi travel and so must be registered for GST","authors":"R. Millar","doi":"10.1080/20488432.2017.1308171","DOIUrl":"https://doi.org/10.1080/20488432.2017.1308171","url":null,"abstract":"Uber B.V. v Commissioner of Taxation was a decision by Griffiths J in the Federal Court of Australia on an application by Uber B.V. (‘Uber’) for a declaration as to whether one of its UberX drivers (Mr Brian Colin Fine) supplied ‘taxi travel’ on a specified day (22 September 2015) for the purposes of Australia’s GST. Uber argued that he did not, the Commissioner of Taxation argued that he did, and the Court agreed with the Commissioner.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125480172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The European Union’s approach to VAT and e-commerce","authors":"S. Dale, Venise Vincent","doi":"10.1080/20488432.2017.1317945","DOIUrl":"https://doi.org/10.1080/20488432.2017.1317945","url":null,"abstract":"The digitalisation of the global economy is one of the main topics of discussion at the OECD – and at the European Commission (‘the Commission’) – in relation to taxation, in particular indirect taxation. The growth of e-commerce (by which we mean supplies of services and intangibles online and supplies of goods acquired over the Internet) requires that the European Union (‘the EU’) VAT rules, which have their origins dating back to the 1950s, be brought up–to-date and modernised so that they are adapted to the new environment of cross-border trading in order to ensure the correct determination and collection of VAT, to limit the scope for fraud, and to simplify the application of VAT to cross-border trading in goods and services, in particular for small and medium-sized enterprises (‘SMEs’). In recent years, the EU and a number of countries around the globe have, as a consequence of these global trends, been introducing specific VAT rules applicable to e-commerce to ensure that the right amount of VAT is collected at the right place and at the right time. On 1 January 2015, new ‘place of supply’ rules were introduced into the EU for supplies of electronically supplied services (as well as radio, TV and telecoms) supplied by taxable suppliers established in one EUMember State to non-taxable customers located in a different Member State (B2C). The place of supply (and so the place of taxation) of electronically supplied services is now the place where the non-taxable customer has established or has his/her place of residence.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"2015 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128064795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The VAT treatment of cloud computing: legal issues and practical difficulties","authors":"Francesco Cannas","doi":"10.1080/20488432.2016.1236622","DOIUrl":"https://doi.org/10.1080/20488432.2016.1236622","url":null,"abstract":"ABSTRACT In this contribution, the author deals with some selected legal and practical issues related to the VAT treatment of cloud computing technologies. Cloud computing is major a phase of development and expansion, and is likely to have new tax challenges in the future. In particular, in the first part of the contribution some aspects of the relationships between cloud computing and the ‘VAT concepts’ of fixed establishment and immovable property are discussed. In the second part, some practical issues deriving from the localisation and identification of the customer are presented with a special eye on the most recent OECD proposals.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127179994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The impact of the Charter of Fundamental Rights of the European Union on VAT law","authors":"K. Elgaard","doi":"10.1080/20488432.2016.1249717","DOIUrl":"https://doi.org/10.1080/20488432.2016.1249717","url":null,"abstract":"ABSTRACT The Charter of Fundamental Rights of the European Union became legally binding following its entry into force with the Lisbon Treaty on 1 December 2009, and it has the same legal value as the EU Treaties. Since then, the EU fundamental rights aspect of VAT law has not been subject to much academic discussion or particular attention from VAT practitioners. This article contributes to further development of research in the area of EU fundamental rights and VAT law by examining; when the Charter is relevant in VAT law and if so how the Charter manifests itself in EU VAT case law, and what special interpretative principles the Charter triggers itself in connection with interpretation of fundamental rights comprised by the Charter. The Charter has proved to play an important—but also diversified—role in both formal and substantive aspects of VAT law, such as national rules on administrative sanctions and penalties, criminal proceedings, procurement of evidence, procedural guarantees, VAT fraud and abuse, VAT exemptions, VAT deductions, VAT impositions, VAT increases and so on. Any current or potential impact of the Charter on VAT-related matters must be considered in connection with legislation, case law, administrative practice etc, which must comply with the Charter given its status as EU primary law. If citizens, companies or their advisers etc are not aware of their EU fundamental rights under the Charter, this could lead to the loss of those rights and the loss of the formal or substantive case, with potential professional liability for advisers.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"7 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128166834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}