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   September/October 2016  
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International VAT Monitor
This free e-mail service informs you about the contents of the forthcoming edition of International VAT Monitor.

Issue No. 5 - 2016 of the International VAT Monitor is now available online.

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Number 5 - 2016 contains the following:
Brexit and VAT
Michael van de Leur
Fixed Establishments and Permanent Establishments: The VAT and Direct Tax Concepts Are Drifting Further Apart
Ine Lejeune, Bram Markey, Evy Peters and Amandine Baltus
Business models of multinational companies have evolved at a much speedier pace than the international tax framework. In October 2015, the OECD issued a final report on Action 7 in the context of its Base Erosion and Profit Shifting Project (BEPS). The report on Action 7 contains a clear plea to revise the notion of permanent establishment (PE) from a direct tax perspective under the various double tax treaties, thereby widening the scope. This does not, however, imply that the VAT threshold for a fixed establishment (FE) should be lowered. In this article, the authors analyse both concepts based on the recent developments at the OECD level and the ECJ’s VAT case law on the subject to spot similarities and differences. The authors find that the concepts are continuing to evolve in different directions, whereby a fact pattern will increasingly lead to different qualifications from a VAT and corporate tax perspective.
Interactions between Transfer Pricing and VAT Adjustments in the European Union
Isabelle Rouberol
In this article, the author considers how transfer pricing and VAT adjustments may interact in the European Union. In particular, the author differentiates between adjustments under general rules and adjustments under article 80 of the EU VAT Directive, and discusses practical cases of interactions between TP and VAT adjustments.
What Singapore Could Learn from the New Trends for VAT/GST Taxation of B2C Digital Supplies around the World
Francesco Cannas
This article is a contribution to the ongoing debate in the Singaporean tax community on how to adapt the current GST system to the challenges posed by the digital economy. After having provided an overview of the relevant elements of the current Singaporean GST system, the author elaborates on the options that Singapore should evaluate in the event it decided to adapt its GST system to the major trends in this field.
The Cost Sharing Exemption under Debate – Part I
Nebojsa Jovanovic and Madeleine Merkx
The cost sharing exemption of article 132(1)(f) of the VAT Directive is currently under debate, both at the level of the European Commission and individual Member States. In Part I of this article, the authors analyse each of the conditions for applying this exemption. In the second part of this article, the authors discuss, in particular, the application of the exemption in cross-border scenarios, including both EU and non-EU situations, and the interaction of the exemption with the concept of VAT grouping as set out in article 11 of the VAT Directive.
The European Court of Justice – Recently Decided and Pending Cases
Fabiola Annacondia
In this overview, the editor provides a list of judgments of the Court of Justice of the European Union (ECJ) and Opinions of the ECJ’s Advocates General delivered in VAT cases in the past 12 months. The overview also contains a list of the remaining cases pending before the ECJ on 31 August 2016, and a list of cases that have been removed from the ECJ’s register in the past year. Summaries of the judgments, Opinions and other pending cases that have not yet been published are presented following the lists.
Reports from: Argentina, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Bolivia, Bulgaria, Canada, Cape Verde, China (People’s Rep.), Colombia, Congo (Dem. Rep.), Costa Rica, Czech Republic, Denmark, Ecuador, Egypt, El Salvador, European Union, Fiji, Finland, GCC, Germany, Greece, Honduras, Hungary, India, Ireland, Italy, Jordan, Kazakhstan, Kenya, Kyrgyzstan, Latvia, Luxembourg, Malta, Moldova, Montenegro, Nepal, Netherlands, Norway, Pakistan, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russia, Saudi Arabia, Slovenia, South Africa, Sweden, Taiwan, Tajikistan, Tanzania, Trinidad and Tobago, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay and Uzbekistan.
Case notes from: Australia, Austria, Canada, Denmark, Finland, Germany, Nigeria, Pakistan, South Africa, Switzerland, Russia, United Kingdom and United States.
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