e-book The VAT/GST Treatment of Public Bodies (Series on International Taxation)

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VAT/GST registration

Designation Required. Company Name Required. City Required. Changes made in Annual Return vide Notification No. No notes for slide. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the publisher. Permission to use this content must be obtained from the copyright owner.

Email: permissions kluwerlaw. Editors Prof. Before joining Law Square, she held multiple leadership positions at PwC, including global indirect taxes leader, partner in charge for services to the EU institutions and global indirect taxes policy leader. She has delivered policy services, as well as advised and been involved in litigation e.

International Tax Law programme and as guest professor at other universities. Contributors Francesco Cannas. After having worked for almost ten years as a civil servant in the Italian public administration, Francesco switched his career to taxation. Currently, he is Trainee Lawyer and will be soon eligible for training as a Chartered Accountant.

At the beginning of , he was appointed as an external lecturer Cultore della Materia at the University of Torino. A specialist in VAT for fourteen years with a particular focus on business-to-consumer industries, including telecommunications, media, internet and e-commerce. She supports major industry players on sector-specific issues, including VAT compliance at both an operations and strategic level, and is directly involved in policy work for businesses in these industries, both at the Belgian level and at the level of the European Commission.

She has authored articles for publication in Belgian and international tax journals. He advises companies within the technology sector on Irish and global VAT matters, with a particular focus on US-headquartered multina- tionals investing in Europe. His clients include a number of household names in the technology sector, primarily from the US West Coast, but also including the indigenous sector. He has been at the forefront of contributing to and advising on the changes affecting Irish and global companies.

Before this, he worked as research associate at the Institute for Austrian and International Taxation at the WU, where he still lectures. He graduated in Law, Political sciences, and sciences of financial and economic security. He has previously worked as an official of Guardia di Finanza, the Italian economic and financial police.

She has also served as a member of the Australian Taxation Office rulings Contributors viii 6. From to , she assisted in the design and drafting of indirect tax laws through the IMF and World Bank technical assistance programs.

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Prior to , she was a tax practitioner. Duy Nguyen works at EY Amsterdam and has in-depth VAT technical knowledge on, and practical experience in advising companies with global operations in the digital economy and telecommunications sector. In recent years, he has focused on advising multinational e-services and telecommunications companies on the implementation of the EU VAT changes. In addition, a key player in the global telecommunications sector has requested that he provide overall EU policy advice as regards VAT and the provision of digital content, which policy will be implemented by each local subsidiary.

He serves as the key knowledge source on digital economy VAT matters within EY Netherlands and has spoken regularly at seminars and webinars on this topic. In that capacity he has provided advice on tax law reform to countries in Asia, Europe, Africa, the Middle East, the Caribbean and the Pacific. The views expressed in this paper are those of the author. He is a Doctor of Law, LL. In addition to his academic career, he has experience in leadership positions in the business community and as a judge on an Administrative and Tax Court of Appeals.

Contributors ix 7.

Digitization has transformed and will continue to transform the economy, in terms of productivity and connectivity, especially for small and medium-sized enterprises SMEs. The electronic processing of data and transmission of data — including text, sound and video — has allowed the emergence of new product offerings and business models.

In our digital age, taxation needs to become more mobile | World Economic Forum

The effects of new developments, such as the App economy, have transformed both the way we do business and the way we consume goods and services and pay for them. Digitization of goods and services shortens distances between people and things. It increases mobility. It makes network effects decisive.

International Taxation - Jacob Stein

It allows the use of specific data to such an extent that it permits the satisfaction of individual customer needs — whether it consumers B2C or businesses B2B. Remote supplies are often high volume but low value. This implies that digital businesses will not likely be inclined to put much time and effort into establishing where their customers actually belong. In the same vein, the more information that customers need to provide, the more likely they are to cancel the deal, which is a risk to business.

On the other hand, tax authorities will not be inclined to check whether suppliers are compliant on a transaction-by-transaction basis because of the high volume of transactions. E-commerce is big business and is growing every day. Goods, clothing, toys and hardcopy books are a few of the most popular products bought online, while digital content services are typically related to travel and holiday accommodation, event tickets, the download of music, games and electronic publications. Spending intentions for each have risen at near double-digit percentage point rates since They are also likely to account for a larger future share of e-commerce sales while, at the same time, being a key driver of the rapid historic and expected growth of that sector as a whole.

Figure 9. Nielsen E-Commerce: Evolution or revolution in the fast-moving consumer goods world? Businesses from all industries demonstrated how disruptive technologies are playing a role — from driverless cars, to 3D printing, to wearables.

Online start-ups grow and export twice as much as brick-and-mortar start-ups.. Increasing broadband capacity brings an economic boost worth billions. The Internet creates two and a half jobs for every job lost. Going forward, it will be one of the main drivers of sustainable growth. The increasing digitization of traditional businesses and the spread of purely digitally operating companies poses challenges for the functioning of national and international tax systems, not in the least in the field of VAT.

Because the digital economy is increasingly becoming the economy itself, it is impossible — and therefore not desirable — to ring-fence digital business from regular business for tax purposes. Query: How do new ways of interacting with customers; of marketing products and services; and of delivering products impact the enforcement and collection of consumption taxes such as VAT? The 3. Indeed, such a VAT system helps businesses to develop their global activities without being confronted with inconvenient uncertainties and high compli- ance costs due to unclear VAT rules.

Citizens also benefit from a fraud-proof environ- ment, as the tax system would then result, through investments, in better and more sustainable employment, education, infrastructure, etc. The aim should be to deliver a VAT system that is a win-win model for the various stakeholders involved, as illustrated in Figure 9. VAT laws should therefore be aligned, using the same principles to define the place of taxation whilst being able to keep up with the pace of business change and taking advantage of technology to lower cost of collection and cost of compliance.

VAT and agriculture: lessons from Europe

It is within this framework that both 7. Each time, a number of aspects must be considered. The domestic law of several countries requires a physical presence of businesses in order to be subject to taxation. In the digital economy, many businesses interact with their clients through digital means without needing a permanent establishment in that country; — functions, assets and risks in market jurisdictions. Many MNEs have a local subsidiary or permanent establishment in several countries, with local activi- ties being structured in a manner that generates little taxable profit; — deductions in market jurisdictions.

Deductions for payments made to other group companies in the form of interest, royalties, service fees, etc.