Value Added Tax and the Digital Economy.The 2015 EU Rules and Broader Issues
EUCOTAX Series on European Taxation Volume 46
A fast-growing portion of overall taxable consumption is now realized via online supplies and this ‘digital economy’ is a virtual reality in which suppliers and consumers conclude numerous transactions unrestrained by time and place. The contrast with traditional sales tax and value added tax (VAT) systems, which are based on a physical supply between parties, could not be more evident. Among jurisdictions worldwide, the European Union (EU) took the lead in designing a legal framework for VAT on electronically supplied goods and services. This book, with contributions by internationally re-owned academics, revenue officials, and tax advisors, provides a broad and up-to-date overview of the EU 2015 rules, and an analysis of such elements as the gradual realization of the destination principle, the fight against e-commerce fraud, and simplification of compliance obligations by means of the Mini One Stop Shop (MOSS). Topics covered include the VAT dimension of:
- the digital ‘fixed establishment’;
- businesses as tax collectors;
- auditing under MOSS;
- Internet search engines;
- virtual currencies (such as bitcoins);
- cloud computing; and
- technology-based solutions for the assessment and collection of VAT on online supplies.
Relevant EU legislation is annexed. Because of its clear and practical analysis to these issues, this book will appeal to tax authorities and counsel who need to ensure proper taxation of online supplies at destination with the least possible administrative costs and the lowest possible compliance burdens. Because of its forward looking approach it is a ‘must’ for all public and private sector professionals concerned with VAT.
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CHAPTER 1 VAT on Online Supplies: A Brief Outline of Current Issues Servaas van Thiel.
CHAPTER 2 VAT and Taxation of the Digital Economy from the Perspective of the EU Policy Maker Donato Raponi & David O’Sullivan.
CHAPTER 3 Value Added Tax 3.0 Charlène Adline Herbain.
CHAPTER 4 Tax Assessment in a Digital Context: A Critical Analysis of the 2015 EU Rules Marie Lamensch.
CHAPTER 5 VAT Fraud and the Digital Economy within the European Union: Risks and Opportunities Edoardo Traversa & Emanuele Ceci.
CHAPTER 6 The VAT One Stop Shop System: An Efficient Way to Collect VAT on Digital Supplies into the EU Consumer Market? Ine Lejeune & Sophie Claessens.
CHAPTER 7 Internet and the Concept of ‘Fixed Establishment’ of the Recipient of a Supply of Services: Case C-605/12 Welmory Ben Terra.
CHAPTER 8 Internet Search Engines: A VAT Analysis Cristina Trenta.
CHAPTER 9 VAT and Virtual Reality: How Should Crypto Currencies Be Treated for VAT Purposes? Oskar Henkow.
CHAPTER 10 Consumption Taxation of Cloud Computing: Lessons from the US Subnational Retail Sales Tax Experience Walter Hellerstein.
CHAPTER 11 Methodological Notes on a Changing Legislative Landscape Pernilla Rendahl.
Appendix I Council Directive 2002/38/EC of 7 May 2002 Amending and Amending Temporarily Directive 77/388/EEC as Regards the Value Added Tax Arrangements Applicable to Radio and Television Broadcasting Services and Certain Electronically Supplied Services, O.J. 15 May 2002, L 128.
Appendix II Council Directive 2008/8/EC of 12 February 2008 Amending Directive 2006/112/EC as Regards the Place of Supply of Services, O.J. 20 February 2008, L 44/11.
Appendix III Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 Laying Down Implementing Measures for Directive 2006/112/EC on the Common System of Value Added Tax (Recast), O.J. 23 March 2011, L77/1 (Recast of Council Regulation (EC) No 1777/2005 of 17 October 2005 Laying Down Implementing Measures for Directive 77/388/EEC on the Common System of Value Added Tax).
Appendix IV Council Implementing Regulation (EU) No 1042/2013 of 7 October 2013 Amending Implementing Regulation (EU) No 282/2011 as Regards the Place of Supply of Services, O.J. 26 October 2013, L284/1.
Appendix V Explanatory Notes on the EU VAT Changes to the Place of Supply of Telecommunications, Broadcasting and Electronic Services That Enter into Force in 2015 (Council Regulation 1042/2013).
Appendix VI Council Regulation 967/2012 of 9 October 2012 Amending Implementing Regulation (EU) No 282/2011 as Regards the Special Schemes for Non-established Taxable Persons Supplying Telecommunications Services, Broadcasting Services or Electronic Services to Non-taxable Persons.
Appendix VII European Commission - Tax Administration and Fight against Tax Fraud: Information for Businesses Signing Up for the MOSS: Additional Guidelines on Auditing under the MOSS.
Table of Cases.