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
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
Belgian Court of Cassation: no late payment interest without a VAT debit in the hands of the VAT taxable person
In its decision of 31 October 2014 (Jetaircenter NV vs. the Belgian State), the Court of Cassation ruled that late payment interest cannot be claimed by the Belgian State when the taxable person under review has no VAT debit. Under the Belgian VAT legislation, late payment interest at 9.6% is legally due by the taxable
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
Real estate – VAT: ECJ rules on football stadium and fuels debate on VAT qualification of hybrid or more complex real estate structures
On 22 January 2015, the European Court of Justice ruled that – having regard to the facts cited in this (Belgian!) case – the act of making a football stadium available does not qualify as letting of immovable property. The fundamental characteristic of the concept of ‘letting of immovable property’ lies in conferring upon the other party
VAT: Advance invoicing – ultimate regulations Belgian VAT authorities
The Belgian VAT authorities recently published a new administrative decision with regard to the new definitif advance invoicing rules coming into force on 1 January 2015. This new decision brings an end to the transitional measures applicable from 1 January 2013 till 31 January 2014. The new final rules provide some interesting tolerance on the legal principles related to advance
Court of Appeal: VAT reverse charge – Penalties
A recent court case of the Brussels Court of Appeal again shows how expensive it can be for businesses not to apply the reverse charge and thereby not self-account for the VAT due on incoming invoices. Indeed, the Court ruled that proportional penalties are applicable even in the case where the VAT was fully deductible
