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On 05.07.2018 the European Court of Justice ruled in the case Marle Participations - C-320/17 that a holding company is generally entitled to fully deduct input VAT from costs in connection with the acquisition of shares in its subsidiaries. The prerequisite is that the holding company intervenes in the management of its subsidiaries and, to this extent, carries out an economic activity. A holding company is already regarded as carrying out an economic activity when it provides rental services subject to VAT to its subsidiaries.
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On 21 June 2018 the US Supreme Court ruled that out-of-state retailers must charge and remit sales tax, even if they do not have a physical nexus in the customer’s US State. It thereby confirmed the economic nexus legislation introduced by South Dakota. Furthermore, the court’s decision effectively overturns contrary earlier rulings. Other US States will follow South Dakota’s example. US and non-US online sellers with customers in the US must now check whether they are affected.
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Umsatzsteuer Newsletter 26/2018
AUSTRALIA plans to tax non-established providers of hotel rooms +++ GREAT BRITAIN intends to simplify input VAT deduction of import VAT +++ GREECE is about to introduce real-time reporting obligations and plans to ban paper invoices +++ HUNGARY unofficially grants grace period for real-time reporting +++ INDIA intends to simplify VAT returns +++ ITALY postpones the obligation to issue electronic invoices +++ KUWAIT schedules the introduction of a VAT system for 2021 +++ MALAYSIA abolished GST +++ NEW ZEALAND plans to abolish the exemption limit for imports +++ RUSSIA reduces the exemption threshold for imports +++ SWITZERLAND publishes broadcasting fees +++ SPAIN expands real-time reporting obligations
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