A Digital Single Market for Europe – Commission sets out its strategy – Modernizing VAT for cross-border e-commerce
On 6th May 2015, the European Commission announced its Digital Single Market Strategy for Europe. The aim is to remove the barriers which currently hinder EU based companies to grow and to be (more) competitive with the world’s Internet giants. In the context of VAT, the Commission should make legislative proposals in 2016 to modernize
VAT: tax point rules (advance invoices) – transitional VAT regime once more extended and upcoming change in legal framework
As from 1 January 2013, the issuance of an invoice not always triggers the payment of the VAT. Due to the practical implications of this new rule, the Belgian authorities had provided for transitional measures that were applicable from 1 January 2013 until 31 December 2014. On 7 October 2014, the Belgian VAT authorities published an
New administrative VAT decision: discretionary portfolio management versus advisory management
The Belgian VAT administration recently published a new administrative decision clarifying the VAT treatment of portfolio discretionary management and advisory management based on the ECJ case Deutsche Bank. Discretionary portfolio management Discretionary portfolio management consisting of (1) a service of analysing and monitoring the assets of client investors and (2) a service of actually purchasing and
VAT: Belgian VAT authorities to comment Belgian impact of CJEU court case Skandia (C-7/13)
The Belgian VAT authorities recently published a new administrative decision on the impact of the CJEU court case Skandia America Corp (C-7/13, 17 September 2014) with regard to Belgian VAT legislation. Following the position of the CJEU, all head office/branch transactions are subject to VAT if the branch or the head office is part of
Creation of certainty on VAT treatment of complex cross border transactions – Cross Border Rulings Project extended until 2018 by EU Commission
The VAT Cross Border Rulings Pilot Project has been set up for taxable persons to obtain advance rulings on the VAT treatment of complex cross border transactions. Cross border rulings (CBRs) create certainty, thus mitigating the risk of double taxation and related disputes. The EU pilot project started in 2013 and now involves 15 Member
ECJ: The Court rules against reduced VAT rates for electronic books
On 5 March 2015, the Court of Justice of the European Union (ECJ) gave its decision in the infraction cases against France and Luxembourg on their application of reduced VAT rates on electronic books (C-479/13 and C-502/13). In summary, the Court has ruled that France and Luxembourg cannot apply a reduced VAT rate to the
Transfer of own goods between VAT warehouses
The Belgian VAT authorities recently published a new administrative decision (applicable as from 1 September 2014) stating that the transfer of own goods from one VAT warehouse to another can, under certain conditions, occur under the application of the Belgian VAT warehouse regime and that no VAT regularisation is required. This new position could be
VAT group: head office/branch transactions – Skandia CJEU case
On 17 September 2014, the Court of Justice of the European Union (CJEU) rendered its decision in Skandia America Corporation (case C-7/13) regarding the question whether transactions between a head office and its branch are vat’able if the branch is part of a VAT group. The Court gave a short and clear-cut answer. A VAT
