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To date, supplies carried out in the form of services between a company’s head office and its foreign fixed establishment, have been treated as non-taxable supplies. The principle of unity of the taxable person even applied internationally. The ECJ has now restricted this principle. The reverse-charge-system may apply if the foreign establishment belongs to a VAT group in another country.
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The fiscal authorities are increasing their focus on VAT fraud by means of an information leaflet setting out 40 warning signs which is being distributed to selected en-trepreneurs. In this information leaflet, the fiscal authori-ties have listed numerous circumstances which they consider to be suspicious as regards fraudulent VAT activities and which entrepreneurs have to take into consideration when initiating business transactions. According to the fiscal authorities, if these warning signals are ignored this might suggest involvement in fraudulent VAT activities and lead to the refusal of VAT deduction or tax exemption of intra-Community supplies.
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The provision of access to epapers or ebooks in addition to the subscription of a printed version of the same product are regarded as separate services. Therefore, the consideration paid has to be separately apportioned between the printed product and the epaper or ebook. Printed newspapers and books are taxed with the reduced VAT rate, whereas access to epapers or ebooks has to be taxed with the standard VAT rate.
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