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Influencer marketing has grown into a billion dollar business in recent years. One of the best known platforms is "OnlyFans", where influencers maintain profiles on which they post videos and pictures. Subscribers, or so-called "fans", pay a fee for viewing this content. OnlyFans collects the money and transfers 80% on to the influencers. The ECJ ruled in the case C-695/20 – Fenix International Ltd. (operator of OnlyFans) that, in these circumstances, a deemed supply chain of services exists. Consequently, influencers provide a service to OnlyFans and OnlyFans, in turn, supplies a service to the subscribers. This means that influencers from continental Europe can now invoice the British company Fenix International Ltd. without VAT and claim VAT refunds for past payments. For platforms, on the other hand, the decision sees them being confronted with considerable declaration, VAT payment and record-keeping obligations.
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In recent years, blockchain technologies have opened up new sources of income extending beyond the now well-known trading of cryptocurrencies. In terms of direct taxation, some application issues were clarified in the German Federal Ministry of Finance's letter of 10.05.2022. In terms of VAT, the tax authorities have not yet managed to untangle non-fungible tokens (NFTs), validation of transactions through so-called staking pools, "gifting" of tokens (airdrops), metaverse transactions, to name just a few. According to rumours, the tax authorities are now upgrading internally and forming expert groups for the VAT taxation of the crypto world. Players in Web 3.0 are urged to assess their business models using the VAT scheme of the analogue world.
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The requirements for the existence and involvement of fixed establishments are regularly put to the test. The Italian tax authorities recently ruled (once again), in the context of a binding tax ruling, on the involvement of a fixed establishment in the provision of an intra-Community supply of goods by the company’s headquarters. The decision is a remarkable one.
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