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Umsatzsteuer Newsletter 33/2016
AUSTRIA simplifies burden of proof for intra-Community triangular supplies +++ BELGIUM is to abolish advance payments if quarterly VAT returns are filed +++ FRANCE may raise its standard VAT rate +++ HUNGARY is chang-ing its mandatory invoice requirements +++ ITALY is implementing quarterly VAT returns and is postponing an increase to its VAT rate +++ NORWAY is implementing the reverse charge mechanism for import VAT +++ POLAND is implementing automatic deregistration and further penalties +++ ROMANIA to lower standard VAT rate +++ SPAIN is expanding electronic reporting obligations +++
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The fiscal authorities have worked on the application bulletin regarding the revision of sec. 2b German VAT Act for nearly one year. Although the German Ministry of Finance follows the previous case law of the German Federal Fiscal Court, the fiscal authorities are visibly attempting to lessen the significant effects of the resulting changes. This has culminated in the taxable person having to know what he does according to the “principles of administrative legality”. Even if the public sector still has five more years to adjust, it remains a lot of work. Corporations of public law are now in the main focus of taxation.
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In the EU Commission’s view, the existing rules for e-commerce are too complex and are therefore to be simplified. It proposes abolishing the threshold for distance sales and to instead extend the scope of the application of the Mini-One-Stop-Shop. Accompanying amendments applying to distance sales from third countries to the EU are planned, including VAT exemption for imports up to the value of EUR 150. Meanwhile, VAT exemption for the importation of small consignments (EUR 22), is to be abolished. Furthermore, simplifications for both distance sales and electronically rendered supplies of services are to be implemented, particularly a minimis threshold. Last but not least, the reduced VAT rate should be applicable for the supply of e-books.
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