Indirect Tax Monthly Alert Series | DLA Piper

A summary of important VAT , Customs and Environmental Tax developments with implications for cross-border business operations.

Americas

Brazil United States

Asia Pacific

Europe

Europe-wide Belgium Denmark Germany Ireland Italy Netherlands Poland Romania Spain United Kingdom

Middle East

United Arab Emirates

Americas

Brazil

VAT

April: Brazilian Supreme Court has decided on the effects of ADC 49

March: Brazilian Government issued Provisional Measure 1,163/23, which establishes a 9.2% tax rate on crude oil exports...

February: Brazilian Government issued provisional measure changing PIS and COFINS calculation basis

January: ICMS increase

January: New PIS and Cofins rates on financial revenues

January: Consolidation of rules to PIS and Cofins

United States

VAT

June: States Stubbornly Hold on to Grocery Taxes

October: Marketplace providers face double trouble in Texas

Asia Pacific

China

VAT

January: Review of the Draft VAT Law and call for Public Consultation

Japan

VAT

June: Japan Fair Trade Commission’s warnings regarding the new invoice system

May: A potential reform of the tax-free sales regime for inbound tourists

March: Latest Japanese Supreme Court judgment on input JCT credit for purchase of residential apartments for future...

February: Japanese National Tax Agency tightening compliance on tax-free shop scheme

January: The NTA has published the FAQs on tax treatment in relation to NFT transactions

January: Deadline for registration of Qualified Invoice Issuer has been extended to 30 September 2023

January: Review of the JCT rules applicable to sales of social/smartphone Game Apps

Summer: National Tax Tribunal’s decision on taxpayer’s eligibility for export exemption

Japan Customs provide a new definition of “importer of record”

Europe

Belgium

VAT

March: Draft proposal for Belgian tax reform intends to harmonize the current VAT rates and introduces an obligation for...

Denmark

VAT

February: Recovery of VAT for Holding companies

Europe-wide

VAT

August: CJEU confirms that supplies within a VAT group are not taxable

October: 2023 Report on the VAT Gap released

Latest meeting from the Group on The Future of VAT

Summer: Suspension of the Statute of Limitations

June: Reduced VAT rates for recycled products

May: Input VAT adjustment for unused stocks

April: Illegal acquisition of electricity still subject to VAT

March: Providing evidence in case of a VAT audit

February: Bad debt relief not always available for debt insurers

January: Proof of the existence of a Carousel fraud

Germany

VAT

August: Constitutionality of interest rate in tax proceedings referred to the Federal Constitutional Court

October: Transfer of emission allowances – application of the reverse charge mechanism

Summer: Mandatory e-invoicing for domestic B2B transactions in Germany now envisioned for 2026 onwards

Indirect economic integration in a VAT fiscal unity

June: Mandatory e-invoicing for domestic B2B transactions in Germany as of 1 January 2025

May: New Federal Ministry of Finance Circular regarding supply chains

April: Latest German Federal Tax Court developments on VAT grouping

March: Recently introduced VAT rate of 0% for solar panel systems - New federal instructions

February: New federal instructions regarding input VAT deductions for research institutions

January: Further extension of the transition period for treating public bodies as VAT taxable persons

Ireland

VAT

April: Supply and Installation of Solar Panels for Private Dwellings

January: The House Loses

October: Publication of Irish Finance Bill

Italy

VAT

August: VAT recoverability for transaction costs incurred by an SPV in MLBO (Merger Leverage Buy Out) transactions

October: VAT refund procedure in Italy for non-resident entities

8th Directive VAT refund not allowed in the presence of a Fixed Establishment in Italy

Summer: VAT liability for Italian fixed establishments: a case-by-case analysis

June: VAT rules for “vouchers” do not apply to “discount coupons”

May: UK VAT Group: VAT treatment of transactions between Italian and UK permanent establishments

April: VAT incorrectly paid in Italy in the case of distance sales of goods taxable in another EU country may be...

March: The OSS regime cannot be used to settle incorrect transactions made before joining the scheme

February: VAT treatment of sale and lease back transactions

January: New penalty regime for “non-existent transactions” subject to VAT reverse-charge mechanism pursuant to Italian...

Customs

August: Revision of Italian Customs law with a new regulation

Netherlands

VAT

October: Transfer of leased building by developer constitutes a transfer of a going concern (TOGC) for Dutch VAT...

Amendment to the Real Estate Transfer Tax concurrence exemption for certain share transactions

Summer: VAT liability for Italian fixed establishments: a case-by-case analysis

June: Limitation of VAT recovery on transaction costs in M&A transactions

May: No more RETT benefit in share deals

Poland

VAT

May: Plastic tax has become a reality

January: Mandatory e-invoicing

January: VAT Groups

Romania

VAT

June: E-invoicing mandatory in Romania from 1 January 2024 for all B2B transactions

Slovak Republic

VAT

August: VAT registration changes and Special Scheme for Small Enterprises implemented in Slovakia

Spain

VAT

May: VAT treatment of transfers of real estate assets provided as security clarified by the Spanish General Directorate...

April: Spanish Central Administrative Court clarifies VAT recovery principles on acquisition costs for holding companies

February: Spanish Supreme Court allows VAT recovery on certain costs

January: VAT treatment of the transfer of shares in a subsidiary

The Spanish Tax Authorities issue guidelines clarifying the VAT treatment applicable in relation to company cars used by...

Sweden

VAT

VAT recovery on costs related to the sale of shares

October: Swedish Supreme Administrative Court clarifies partial exemption method

United Kingdom

VAT

August: Private schooling in UK will become VATable

October: VAT exemption for loan administration services

UK First-tier Tribunal decides that a company assumes liability for VAT on services (as a principal) despite its ...

Summer: UK Upper Tribunal allows input tax deduction on costs related to sale of shares in subsidiary on the basis of...

June: UK FTT upholds levy of penalties despite out of time VAT assessments

May: HMRC’s immediate priorities for VAT

April: UK FTT holds that Football agent’s fees for transfer of a Portuguese player to a football club in Italy are...

March: In UK, the tax point deeming provisions take priority over VAT grouping deeming provisions.

February: Matchmaking is not consultancy for UK VAT

January: Changes to VAT penalties and interest from 1 January 2023

January: VAT on the costs of fundraising

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