World Journal of VAT/GST Law最新文献

{"title":"Colombia's indirect taxation system: slowly moving in the right direction","authors":"N. García","doi":"10.5235/20488432.2.2.136","DOIUrl":"https://doi.org/10.5235/20488432.2.2.136","url":null,"abstract":"Colombia has undergone multiple tax reforms over the past 20 years. These frequent alterations to the tax code have engendered a plethora of differential treatments and specific sector rates within the country’s VAT system. As a result, the goal of economic equality has been greatly diluted. Until December 2012, the legislation on the system of indirect taxation in Colombia was the obvious target of lobbying powers. These groups jockeyed for the special tax treatment of their particular sectors, all but losing the fundamental objectives of what a fiscal policy on indirect taxation should mean. Indirect taxation has increasingly become the most powerful tool for tax collection among world economies, collecting on average nearly 20% of the total tax revenue. Its simple collection process makes it an appealing first choice tax to which governments like to direct their efforts. Although from the standpoint of revenue VAT is worth its weight in gold, this weight becomes an issue when politics come into play. Moreover, the distributional effects of high rates of VAT appear to pose a heavier confiscatory burden on the consumption of low-income households. However, when doing a partial equilibrium analysis, the apparent negative effects of having a VAT on all goods and services sold in an economy (goods and services for which there has been a measureable chain of value added) highlight the weakness of the negative argument of a generalised tax when confronted with (a) a large underground economy and (b) the price advantage for final products when a producer is shown to be able to deduct all of the cost of the VAT incurred in production. Quite apart from these weaknesses, the mere thought of taxing the basic basket of goods (even at a preferential rate) is a political non-starter in Congress and even in the highest spheres of government causes a negative reaction; nobody wants to be responsible for taking the historic step of taxing value chains in a rather basic production economy. A deeper analysis of these two implications should be considered in order to develop a better consensus as to how VAT taxation should be addressed. Bearing this in mind, the challenges of indirect taxation in Colombia have two different dimensions: first, the challenge of fighting under-invoicing and hence under-compliance with tax laws; and second, the challenge of finding mechanisms to compensate the low-income section of the population for the tax cost they have to incur when consuming and spending","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115054537","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":"Reverse charging: the best possible solution for preventing VAT fraud","authors":"K. Lind","doi":"10.5235/20488432.2.2.97","DOIUrl":"https://doi.org/10.5235/20488432.2.2.97","url":null,"abstract":"Value added tax (VAT) has become an increasingly important source of public revenue in many states. However, its inherent characteristics entail various risks. This article points out the main forms of VAT fraud, focusing on missing trader and carousel fraud as the most dangerous and damaging types, and presents an overview of measures used to prevent tax fraud. Reverse taxation seems to be the most effective and easily applicable measure of the existing proposals which would considerably reduce tax fraud.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"62 22","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120810564","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":"A supply of insurance for a leased item and a supply of leasing itself are in principle distinct and independent supplies of services: a commentary on Case C-224/11 BGŻ Leasing","authors":"Marta Papis","doi":"10.5235/20488432.2.2.141","DOIUrl":"https://doi.org/10.5235/20488432.2.2.141","url":null,"abstract":"A long-running dispute between Polish leasing companies and the tax authorities as to whether leasing services supplied together with insurance for the leased item are to be treated as separate services or as one single composite leasing service seems to have been definitely settled by the ruling of the Court of Justice of the European Union in BGŻ Leasing delivered on 17 January 2013. Indeed, the Court of Justice, in its long awaited judgment, clearly and firmly rejected the arguments of the tax authorities that insurance is always ancillary to leasing, as being linked to the leased item, and must not be considered an independent and separate service. To the contrary, the Court ruled that:","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128921996","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":"What to do with CJEU case law? The (unexpected) answers of Belgium in the real estate sector following the Temco case","authors":"Edoardo Traversa, Charles-Albert Helleputte","doi":"10.5235/20488432.2.2.129","DOIUrl":"https://doi.org/10.5235/20488432.2.2.129","url":null,"abstract":"Edoardo Traversa is Professor of Tax Law at the Université catholique de Louvain, and a member of the Brussels bar and Of Counsel at Liedekerke (Brussels), Belgium, edoardo.traversa@ uclouvain.be. Charles-Albert Helleputte is lecturer (Maître de Conférence invité) at the Université catholique de Louvain, and a member of the Brussels bar and Counsel at Mayer Brown, Belgium, chelleputte@mayerbrown.com.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"30 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132230926","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":"VAT treaties: the Russian Federation","authors":"T. Ecker, Elena Variychuk","doi":"10.5235/20488432.2.2.81","DOIUrl":"https://doi.org/10.5235/20488432.2.2.81","url":null,"abstract":"In cross-border trade the issue of elimination of VAT double taxation is highly important. One of the possible tools for eliminating such double taxation is the conclusion of VAT treaties. This article considers Russian indirect tax agreements as an example of such treaties. It deals with both Russian bilateral indirect tax agreements as well as those signed within the multilateral framework of the EurAsEC Customs Union. The authors not only analyse the structure and content of the Russian indirect tax agreements but also compare the respective provisions to those of the OECD Model Convention on Income and Capital and VAT rules established within the EU.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"229 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132467047","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":"VAT treatment of supplies of services in pilot provinces in China: practices and issues","authors":"Jieyin Tang","doi":"10.5235/20488432.2.2.116","DOIUrl":"https://doi.org/10.5235/20488432.2.2.116","url":null,"abstract":"For many years, the Chinese taxation system relied heavily on indirect taxes, including value added tax, consumption tax and business tax. VAT is the major source of tax revenue for both the central government and local governments. VAT accounts for more than 30% of the total tax revenue raised by the central government in China. Modern VAT was introduced on January 1994 as one part of the reform of the tax-sharing system and is levied on the supply of goods and taxable services, namely processing, repairs and replacement services. Imports of goods are also subject to VAT. Unless otherwise indicated in the laws on VAT, the rate of VAT for any taxpayer who sells or import goods is 17%. VAT is collected by the national tax authorities at each stage of the production and distribution process. A credit invoice method is used to determine the taxable amount in relation to a VAT-registered taxpayer under the VAT system. Business tax serves as an important source of tax revenue for local governments. The business tax is payable by taxpayers who are engaged in the provision of taxable services, including transportation, financial services & insurance, construction, post & telecommunications, culture & sports, entertainment, and service and transfer of intangible assets & immovable property. The rate of business tax depends on the character of the taxable service provided by the taxpayer. With regard to transportation, construction, post & telecommunications and culture & sports, the tax rate is 3%, while for financial services and insurance, service and transfer of intangible assets & immovable property, the rate is 5%. Business tax is collected by the local tax authority. The taxable amount for business tax is the turnover, ie the total price and all other receivable charges for the supply of taxable services. No deduction of input tax is allowed.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130829626","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":"Personal responsibility of traders in relation to VAT fraud: the Bonik case","authors":"Paolo Centore","doi":"10.5235/20488432.2.1.59","DOIUrl":"https://doi.org/10.5235/20488432.2.1.59","url":null,"abstract":"The subtle balance between protecting fiscal interests in the fight against VAT fraud and avoiding undue burdens and disproportionate risks for a trader who is unwillingly involved in a fraud is highlighted in the Bonik judgment. In this judgment, the Court of Justice summarised and followed the direction of case law indicated in previous judgments, identifying the line to be drawn between the conflicting requirements in this area of law. The ruling under review confirms the view of the Court regarding the need to balance fundamental principles such as the protection of good faith, legitimate expectations, legal certainty with the fiscal interests of the Member States, and regarding the protection of bona fide traders against damage caused by VAT fraud.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116943657","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":"French law and the VAT Directive: meeting the compliance challenge in 2012","authors":"Yolande Sérandour","doi":"10.5235/20488432.2.1.49","DOIUrl":"https://doi.org/10.5235/20488432.2.1.49","url":null,"abstract":"The objective of VAT harmonisation rules pursued by all VAT Directives and the primacy of EU law require that comparable situations should receive the same treatment and fall under the same legal regime throughout the EU. As only the European Court of Justice (ECJ) may interpret EU law (Article 267 of the Treaty on the Functioning of the European Union (TFEU)), the Court in Luxembourg plays a crucial part in harmonising VAT rules. A national court’s reference for a preliminary ruling allows the ECJ to exercise its pre-judicial capacity in order to decide the meaning of a directive and therefore whether a Member State’s chosen interpretation complies with EU law. Actions for failure to fulfil obligations under Article 258 TFEU are more drastic, as they allow the Commission to subject a domestic rule to the review of the ECJ after the concerned state’s failure to review its internal law in accordance with the ECJ’s decision. Whether the meaning of a VAT Directive is decided after a reference for a preliminary ruling or an action for failure to fulfil obligations, Member States have a duty to act accordingly as they otherwise run the risk of facing a significant financial penalty. In these times of severe budgetary restrictions, it is preferable to react swiftly, and even to anticipate. The developments in French legislation, case law and administrative guidelines in 2012 illustrate the point. Because France has been or is likely to be condemned for failing to comply with ECJ case law, the French Parliament, French judges and the French tax authorities amended the law and changed its interpretation in 2012 in an attempt to make it compatible with the meaning of the VAT Directive as recently decided by the ECJ.","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126806063","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":"VAT changes in Colombia","authors":"Carlos Jimenez","doi":"10.5235/20488432.2.1.46","DOIUrl":"https://doi.org/10.5235/20488432.2.1.46","url":null,"abstract":"","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122979519","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":"Portugal Telecom: a new door open for holding companies to deduct input VAT","authors":"Nina Aguiar","doi":"10.5235/20488432.2.1.73","DOIUrl":"https://doi.org/10.5235/20488432.2.1.73","url":null,"abstract":"The Sixth Directive, like the VAT Directive today, did not expressly define the VAT status of holding companies, which from the beginning appeared likely to raise complex questions. The ECJ began to delineate that status in 1990 in the Polysar case. The ECJ ruling of September 2012 in the Portugal Telecom case was another brick in the wall, and a significant brick at that. In the Polysar ruling, one piece of the puzzle of the VAT status of holding companies, which had not been clear until then, was finally settled: a pure holding company, meaning a company whose sole object is the mere acquisition and holding of shares in other enterprises, is not a taxable person within the meaning of VAT, because it does not carry on an economic activity. In fact, in the terms of the VAT Directives, ‘taxable person’ means any person who independently carries on an economic activity as defined firstly in the Sixth Directive and now in Article 9 of the VAT Directive. On the other hand, Article 4(2) of the Sixth Direc-","PeriodicalId":114680,"journal":{"name":"World Journal of VAT/GST Law","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117142182","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}