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   September/October 2015  
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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 - 2015 of the International VAT Monitor is now available online.

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Number 5 - 2015 contains the following:
Debate on a General Reverse Charge VAT

Robert F. van Brederode and

Sebastian Pfeiffer

EU VAT Treatment of Vouchers: Urgent Need for a Solution
Evgenia Kokolia and Aimilia Katrinaki
In this article, the authors analyse the European Commission proposal on the VAT treatment of vouchers in the light of both the ECJ jurisprudence and the practical aspects of their tax treatment. The authors consider that, taking into account the increase in the use of vouchers to stimulate demand, an urgent and comprehensive EU-wide solution is necessary.
Transfer Pricing Adjustments and VAT
Fernando Matesanz
In this article, the author describes the interrelationship between transfer pricing and VAT. He mentions that it is a fact that cannot be overlooked. Taxable persons need certainty on how to tackle transfer pricing adjustments for VAT purposes. The author explains that harmonization at EU level is urgently needed.
Italmoda: Does the EU VAT Directive Become the Source of Individuals’ Obligations?
Krzysztof Lasiński-Sulecki
In its judgment in Italmoda, the ECJ presented the highly controversial view that the Sixth Directive must be interpreted as meaning that it is for the national authorities and courts to refuse a taxable person, in the context of an intra-Community supply, the benefit of the rights to deduction of, exemption from or refund of VAT, even in the absence of provisions of national law allowing such refusal, if it is established, in the light of objective factors, that that taxable person knew, or should have known, that by the transaction relied on as a basis for the right concerned it was participating in VAT evasion committed in the context of a chain of supplies. In this article, the author believes that some of the views presented in the said judgment cannot be upheld.
The “Success” of the ECJ in Clarifying VAT Rules
Tomáš Brandejs and Olga Holubová
In this article, the authors comment on the ECJ decision on the WAM case. The authors analysed the arguments of the ECJ to show that the ECJ has failed to consider if the supply of energy and the removal of waste are parts of the lease of immovable property, and whether they form one single supply or are separately supplies.
Supplies under Continuing Leases: The Impact of the MBI Properties Decision
Anton Joseph
The significant outcome of the Australian High Court decision in the MBI Properties case was that a supply can arise even when a taxpayer passively remains bound by the actions of another, such as agreeing to be bound by the terms of an existing property lease. After this decision, the mere passive holding of property can result in GST liability. In this article, the author reviews the arguments put forward by the parties in this case, along with the decision of the Court and the subsequent Decision Impact Statement issued by the Australian Tax Office related to the case.
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 201, 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, Barbados, Belarus, Belgium, Brazil, Burkina Faso, China (People’s Rep.), Colombia, Czech Republic, Ecuador, El Salvador, Estonia, European Union, Finland, Germany, Ghana, Greece, India, Ireland, Italy, Japan, Kenya, Korea (Rep.), Lithuania, Luxembourg, Macedonia (FYR), Mexico, Moldova, Netherlands, New Zealand, Nicaragua, Norway, Peru, Poland, Portugal, Puerto Rico, Romania, South Africa, Spain, United Arab Emirates, United Kingdom, United States and Venezuela.
Case notes from: Canada, Finland, Italy, Nigeria, United Kingdom and United States.
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