EU Duty Alert - Union Customs Code – Royalties and Customs dutyAlex Baulf
If a royalty payment is not dutiable under the current customs legislation, it will not be dutiable under the Union Customs Code (UCC).
Whilst the wording has changed in the text in relation to royalties, the substance remains the same, with royalties still needing to be related to the goods being valued, and the payment of that royalty must be a condition of sale.
If these criteria are not fulfilled, then, as now, the royalty cannot be dutiable.
Taylor Wimpey PLC submitted a claim for £53 million in March 2009 arguing that UK VAT law (known as the ‘builder’s block’ was unlawful. The law prevents the recovery of input VAT on the purchase of certain goods when they are sold together with a new dwelling. The First-tier Tribunal dismissed Taylor Wimpey’s appeal. The Upper Tribunal has confirmed that UK law is not contrary to EU law and has found that the goods were incorporated in the dwellings if they were ‘fixtures’ or installed fittings. The Tribunal has adjourned the hearing to allow the parties to agree the extent of the claim that relates to goods that are not fixtures.
EU Duty Alert - Union Customs Code – Royalties and Customs dutyAlex Baulf
If a royalty payment is not dutiable under the current customs legislation, it will not be dutiable under the Union Customs Code (UCC).
Whilst the wording has changed in the text in relation to royalties, the substance remains the same, with royalties still needing to be related to the goods being valued, and the payment of that royalty must be a condition of sale.
If these criteria are not fulfilled, then, as now, the royalty cannot be dutiable.
Taylor Wimpey PLC submitted a claim for £53 million in March 2009 arguing that UK VAT law (known as the ‘builder’s block’ was unlawful. The law prevents the recovery of input VAT on the purchase of certain goods when they are sold together with a new dwelling. The First-tier Tribunal dismissed Taylor Wimpey’s appeal. The Upper Tribunal has confirmed that UK law is not contrary to EU law and has found that the goods were incorporated in the dwellings if they were ‘fixtures’ or installed fittings. The Tribunal has adjourned the hearing to allow the parties to agree the extent of the claim that relates to goods that are not fixtures.
Brexit – Are You Ready – a Legal ChecklistMartin Jack
Speaker David Beveridge
David will be outlining matters where businesses should consider and assess how ready they are for the biggest change to UK trade in the post – war era – Brexit.
Speaker Simon Murrison
With all of the uncertainty just now one thing you can count on is HMRC will still want tax paid.
Will I still have to manage my taxes in the same way post Brexit and how will we deal with importing and exporting goods?
Will VAT still be applicable as this is a European tax?
Find out from Simon how HMRC plan to deal with the changes and how it will link to Making Tax Digital.
EU VAT Alert: EU agrees to a generalised system of VAT reverse chargeAlex Baulf
Member States are currently under a severe threat from fraudsters who take advantage of the EU VAT system. The VAT gap – the difference between the amount of VAT that is forecast to be collectable by the Member States and the amount that is actually collected – runs to many billions of Euros.
For trade in certain goods, Member States are currently entitled to designate the purchaser as the entity obliged to pay the VAT due on the transaction. The system is known as the reverse charge mechanism and it is now used for most B2B transactions for intra EU supplies of services.
Following a recent ECOFIN meeting, we understand that the Czech Finance Minister - Andrej Babis is claiming that the EU Commission has agreed to an extension to the reverse charge mechanism to cover all supplies of goods. The Commission has, apparently, agreed to introduce legislation to implement a generalised reverse charge system by as soon as the end of 2016. This would constitute a change of heart by the Commission which has previously opposed such a move.
However, we understand that Mr Babis threatened to veto other measures aimed at combating corporate tax avoidance. The quid pro quo for his co-operation was the Commissions agreement to the introduction of the generalised reverse charge system.
Comment – The Commission is anxious to reduce the level of VAT fraud with the EU. Indeed, it states as much in its recent 'Action Plan for VAT'. Businesses involved in selling goods will wish to keep an eye on these developments as their VAT reporting and accounting systems will need to be re-configured.
International Indirect Tax survival in a global supply chain Alex Baulf
The profitability of a business is directly impacted by how its supply chain makes and delivers goods, as well as by how that supply chain is structured to minimize trade and tax expenses
Economic and technical developments drive change for businesses. As a business moves through its own life cycle ,the supply chain will also evolve, as procurement, manufacturing and distribution strategies change.
The pace of change in the international tax environment is accelerating, as governments and tax administrations get to grips with BEPS. These developments will require businesses to react on a strategic and organisational level.
Such changes invariably have an impact on VAT/GST and customs obligations. As the business reacts to changes in the external environment, it needs to revisit the design and operation of the supply chain at transaction level.
This thought leadership from Grant Thornton explores both the indirect tax supply chain life cycle and the challenges, risks and opportunities at every stage within the supply chain.
International Indirect Tax Update - March 2016Alex Baulf
In this VAT Club "International Indirect Tax Update" presentation, Grant Thornton UK LLP's Alex Baulf, Henry-Cairns-Terry and Ben Price, present an update on VAT, GST and Customs from across the globe. This includes:
1. EU case law and policy update
2. Union Customs Code update
3. New regimes, rates and rules
Slides are from Grant Thornton UK LLP's VAT Club seminar event held in London on 9th March 2016.
On 2 December 2016 the Law Decree 22 October 2016 n. 193 (“Tax decree”) completed its legislative process with the publication in the Official Gazette of the consolidated text, post amendments, occurred at the time of the conversion into Law. Some of the adopted measures are a way to implement the new strategy of the Tax Administration to prevent tax evasion and to reduce the VAT gap. Most of the measures have the aim to modernize the way in which taxable persons accomplish VAT fulfillments, so that these latter can be more effective, leveraging on an intense use of electronic means. Grant Thornton Italy summarize in this VAT Alert, the main changes on VAT rules deriving from the final text of the new provisions.
Are you prepared for the Domestic VAT Reverse Charge that will affect the Construction Industry Sector from 01 March 2021?
This article will help you to better understand the topic and take appropriate steps to get ready for the coming changes. Stay proactive.
WCA eCommerce 1st Annual Conference - Workshop 2
Topic: eCommerce Risks & Liabilities USA Shipments: Cross Border Regulatory issues and limiting your Liability for eCommerce.
Speaker: Bob Imbriani
Executive VP, International
Team Worldwide USA
Back to Basics: VAT invoicing & the reverse chargeAlex Baulf
In this VAT Club "Back to Basics" presentation, Grant Thornton UK LLP's Hugh Doherty & Arsalan Aslam present on valid VAT invoicing, self-billing and the reverse charge.
Brexit - Trade and Supply Chain Implications - BDOJulietWallwork
What will be the Brexit implications for your supply chain?
EU Versus Global Supply Chains - Immediate Steps
Developing a Brexit Strategy - Longer Term Planning
New EU VAT rules for digital service merchantsTaxamo
On September 23, 2014, Taxamo held a 100-day countdown to the new EU VAT rules on digital services. Presentations were made by Andrew Webb, of HMRC; Esteban Van Goor, of Baker McKenzie, and John McCarthy, CEO of Taxamo.
VAT Club: International Indirect Tax update - September 2015Alex Baulf
Please see the slidepack from the International Indirect Tax update breakout session at Grant Thornton's VAT Club event held in London on Wednesday 16 September. This high level update includes:
- Italian VAT changes
- EU case law update
- update on the Union Customs Code
- rate changes in Greece and Kosovo
- update on India GST implementation
- update on Egypt VAT implementation
- update on UAE VAT implementation
- the digital economy - update on legislation aimed at non-resident suppliers of digital and electronic services in Japan, and across EMEA, Asia-Pac and North America
- Skandia decision - update from EU VAT Expert Group.
Grant Thornton VAT Club: Global VAT/GST Update June 2017Alex Baulf
Slides from the high level Global VAT/GST update delivered by Grant Thornton's International Indirect Tax team at the London VAT Club event on Wednesday 21st June 2017. This includes:
GCC VAT update – UAE and Saudi Arabia
Brazil – PIS/COFINS tax base to exclude ICMS
EU – ECOFIN reject General Reverse Charge
Poland - Proposed extension to SAF-T
Australia - Netflix Tax and Low Value Imports
China - VAT rate simplification
Taiwan - Digital services
India - GST Implementation
Italy – VAT rate changes, split payment mechanism …
France – Anti-Fraud VAT software requirements
Switzerland – Non-resident threshold reduced
Spain – SII reporting
Cyprus – Electronic submission of VAT returns
Argentina - Proposal to reduce VAT rates and modifications to turnover tax
Bahamas – Transparency in the administration of VAT collection proposed
Brexit – Are You Ready – a Legal ChecklistMartin Jack
Speaker David Beveridge
David will be outlining matters where businesses should consider and assess how ready they are for the biggest change to UK trade in the post – war era – Brexit.
Speaker Simon Murrison
With all of the uncertainty just now one thing you can count on is HMRC will still want tax paid.
Will I still have to manage my taxes in the same way post Brexit and how will we deal with importing and exporting goods?
Will VAT still be applicable as this is a European tax?
Find out from Simon how HMRC plan to deal with the changes and how it will link to Making Tax Digital.
EU VAT Alert: EU agrees to a generalised system of VAT reverse chargeAlex Baulf
Member States are currently under a severe threat from fraudsters who take advantage of the EU VAT system. The VAT gap – the difference between the amount of VAT that is forecast to be collectable by the Member States and the amount that is actually collected – runs to many billions of Euros.
For trade in certain goods, Member States are currently entitled to designate the purchaser as the entity obliged to pay the VAT due on the transaction. The system is known as the reverse charge mechanism and it is now used for most B2B transactions for intra EU supplies of services.
Following a recent ECOFIN meeting, we understand that the Czech Finance Minister - Andrej Babis is claiming that the EU Commission has agreed to an extension to the reverse charge mechanism to cover all supplies of goods. The Commission has, apparently, agreed to introduce legislation to implement a generalised reverse charge system by as soon as the end of 2016. This would constitute a change of heart by the Commission which has previously opposed such a move.
However, we understand that Mr Babis threatened to veto other measures aimed at combating corporate tax avoidance. The quid pro quo for his co-operation was the Commissions agreement to the introduction of the generalised reverse charge system.
Comment – The Commission is anxious to reduce the level of VAT fraud with the EU. Indeed, it states as much in its recent 'Action Plan for VAT'. Businesses involved in selling goods will wish to keep an eye on these developments as their VAT reporting and accounting systems will need to be re-configured.
International Indirect Tax survival in a global supply chain Alex Baulf
The profitability of a business is directly impacted by how its supply chain makes and delivers goods, as well as by how that supply chain is structured to minimize trade and tax expenses
Economic and technical developments drive change for businesses. As a business moves through its own life cycle ,the supply chain will also evolve, as procurement, manufacturing and distribution strategies change.
The pace of change in the international tax environment is accelerating, as governments and tax administrations get to grips with BEPS. These developments will require businesses to react on a strategic and organisational level.
Such changes invariably have an impact on VAT/GST and customs obligations. As the business reacts to changes in the external environment, it needs to revisit the design and operation of the supply chain at transaction level.
This thought leadership from Grant Thornton explores both the indirect tax supply chain life cycle and the challenges, risks and opportunities at every stage within the supply chain.
International Indirect Tax Update - March 2016Alex Baulf
In this VAT Club "International Indirect Tax Update" presentation, Grant Thornton UK LLP's Alex Baulf, Henry-Cairns-Terry and Ben Price, present an update on VAT, GST and Customs from across the globe. This includes:
1. EU case law and policy update
2. Union Customs Code update
3. New regimes, rates and rules
Slides are from Grant Thornton UK LLP's VAT Club seminar event held in London on 9th March 2016.
On 2 December 2016 the Law Decree 22 October 2016 n. 193 (“Tax decree”) completed its legislative process with the publication in the Official Gazette of the consolidated text, post amendments, occurred at the time of the conversion into Law. Some of the adopted measures are a way to implement the new strategy of the Tax Administration to prevent tax evasion and to reduce the VAT gap. Most of the measures have the aim to modernize the way in which taxable persons accomplish VAT fulfillments, so that these latter can be more effective, leveraging on an intense use of electronic means. Grant Thornton Italy summarize in this VAT Alert, the main changes on VAT rules deriving from the final text of the new provisions.
Are you prepared for the Domestic VAT Reverse Charge that will affect the Construction Industry Sector from 01 March 2021?
This article will help you to better understand the topic and take appropriate steps to get ready for the coming changes. Stay proactive.
WCA eCommerce 1st Annual Conference - Workshop 2
Topic: eCommerce Risks & Liabilities USA Shipments: Cross Border Regulatory issues and limiting your Liability for eCommerce.
Speaker: Bob Imbriani
Executive VP, International
Team Worldwide USA
Back to Basics: VAT invoicing & the reverse chargeAlex Baulf
In this VAT Club "Back to Basics" presentation, Grant Thornton UK LLP's Hugh Doherty & Arsalan Aslam present on valid VAT invoicing, self-billing and the reverse charge.
Brexit - Trade and Supply Chain Implications - BDOJulietWallwork
What will be the Brexit implications for your supply chain?
EU Versus Global Supply Chains - Immediate Steps
Developing a Brexit Strategy - Longer Term Planning
New EU VAT rules for digital service merchantsTaxamo
On September 23, 2014, Taxamo held a 100-day countdown to the new EU VAT rules on digital services. Presentations were made by Andrew Webb, of HMRC; Esteban Van Goor, of Baker McKenzie, and John McCarthy, CEO of Taxamo.
VAT Club: International Indirect Tax update - September 2015Alex Baulf
Please see the slidepack from the International Indirect Tax update breakout session at Grant Thornton's VAT Club event held in London on Wednesday 16 September. This high level update includes:
- Italian VAT changes
- EU case law update
- update on the Union Customs Code
- rate changes in Greece and Kosovo
- update on India GST implementation
- update on Egypt VAT implementation
- update on UAE VAT implementation
- the digital economy - update on legislation aimed at non-resident suppliers of digital and electronic services in Japan, and across EMEA, Asia-Pac and North America
- Skandia decision - update from EU VAT Expert Group.
Grant Thornton VAT Club: Global VAT/GST Update June 2017Alex Baulf
Slides from the high level Global VAT/GST update delivered by Grant Thornton's International Indirect Tax team at the London VAT Club event on Wednesday 21st June 2017. This includes:
GCC VAT update – UAE and Saudi Arabia
Brazil – PIS/COFINS tax base to exclude ICMS
EU – ECOFIN reject General Reverse Charge
Poland - Proposed extension to SAF-T
Australia - Netflix Tax and Low Value Imports
China - VAT rate simplification
Taiwan - Digital services
India - GST Implementation
Italy – VAT rate changes, split payment mechanism …
France – Anti-Fraud VAT software requirements
Switzerland – Non-resident threshold reduced
Spain – SII reporting
Cyprus – Electronic submission of VAT returns
Argentina - Proposal to reduce VAT rates and modifications to turnover tax
Bahamas – Transparency in the administration of VAT collection proposed
Bournemouth – Finance Directors’ Update - December 2015PKF Francis Clark
Our six-monthly Finance Seminars provide an overview of the most important technical developments in financial reporting and taxation. The seminars address the key topical financial matters, the opportunities they present, how they affect your business and the pitfalls you can avoid.
With IMC’s comprehensive action plan you can take control of VAT’s impact on people and organizations, processes and controls, and data and technology.
The GCC member countries have entered into a unified agreement which bind them to implement VAT and Excise regulations in their jurisdictions latest by January 2019. IMC has a dedicated “VAT in GCC” team set-up in Dubai, UAE. Write to us at bc@intuitconsultancy.com or visit https://intuitconsultancy.com/vat-in-middle-east/ for more. IMC would be pleased to advise readers on how to apply the principles set out in this publication to their specific circumstances.
VAT Implementation in Kingdom of Saudi Arabia ( KSA)Mitesh Katira
VAT is on the way of implementation in the KSA from 1st of Jan 2018. It is critical for the companies to understand the nuances of the same and work on a roadmap to implement VAT so as to optimize the impact not only on profitability, working capital, pricing but also ERP, team sensitization and vendor education.
Here is a simple graphical guide for understanding the KSA VAT.
VAT Implementation in KSA (Kingdom of Saudi Arabia)Mitesh Katira
VAT is on the way of implementation in the KSA from 1st of Jan 2018. It is critical for the companies to understand the nuances of the same and work on a roadmap to implement VAT so as to optimize the impact not only on profitability, working capital, pricing but also ERP, team sensitization and vendor education.
VAT is applied in more than 160 countries around the world as a reliable source of revenue for state budgets.
VAT is imposed at each stage of the supply chain from the production and distribution to the final sale of the good or service. The understanding concepts of “Supply”, “Place of Supply” and “Time of Supply” become critically important for effective implementation of KSA VAT.
Here is a simple graphical guide for understanding the KSA VAT.
IFRS 15 - the new revenue recognition standard EY Belgium
The IASB and the FASB have jointly issued a new revenue standard, IFRS 15 Revenue from Contracts with Customers, which will replace the existing IFRS and US GAAP revenue guidance.Find out more in our comprhensive brochure.
Trade and commerce legal updates from across the Asia Pacific region, EU, and USWilliam Marshall
Highlights of trade and commercial legal updates from more than 13 jurisdictions across the Asia Pacific region, Europe, and the US presented by Baker & McKenzie's Asia Pacific Trade & Commerce practice.
Fisconti Tax Consulting Netherlands - New Transfer Pricing Documentation requ...Guido Van Asperen
In the Netherlands new transfer pricing documentation rules are introduced. They will have an impact on companies with a global consolidated turnover of € 50 million
Fisconti tax consulting Netherlands - New Transfer Pricing Documentation Req...Guido Van Asperen
New Transfer Pricing Documentation Requirements have been introduced in the Netherlands in 2016. If you are part of a multinational with a turnover of at least € 50 million, these rules will generally be relevant to you. We provide a pratical approach avoiding duplication of work, considering similar requirements in other countries.
FASB Proposals Affecting Government ContractorsDecosimoCPAs
Robert Belcher and Ken Conner co-presented this PowerPoint at the 2012 RocketCity GovCon Conference hosted by Solvability in Huntsville, Ala. on Sept. 20, 2012.
VAT is on the way of implementation in UAE from 1st of Jan 2018. It is critical for the companies to understand the nuances of the same and work on a roadmap to implement VAT so as to optimize the impact not only on profitability, working capital, pricing but also ERP, team sensitization and vendor education.
VAT is applied in more than 160 countries around the world as a reliable source of revenue for state budgets.
VAT is imposed at each stage of the supply chain from the production and distribution to the final sale of the good or service. The understanding concepts of “Supply”, “Place of Supply” and “Time of Supply” become critically important for effective implementation of UAE VAT.
Here is a simple graphical guide for understanding the UAE VAT.
Similar to Union Customs Code - Overview of key changes to EU customs rules (20)
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Aims of UCC
Facilitation of legitimate trade
Reinforced need to ensure security & safety
Paperless environment for customs & trade
Harmonised & standardised application of customs controls
DA
On 28 July 2015, European Commission formally adopted DA
EU Council and European Parliament (EP) have 2 months (commencing on 20 August) to consider the text and decide whether to object
Note: 2 month period can be extended to 4 months (or can be reduced to less than 2 months if Council and EP agree – unlikely)
If EU Council and EP express no objections, DA will be published in OJ (expected to happen between late November to early December 2015, at the same time as publication of IA)
If DA is subject to extended review period (4 months), period will expire on 20 December and publication of DA/ IA in OJ unlikely until end of January/ mid-February 2016
IA
European Commission released final draft of IA on 4 August 2015
Draft now needs to be reviewed by Customs Code Committee (CCoC)
First CCC meeting took place early September, next meeting on 8/9 October
For parts of IA, CCoC's opinion is not binding, but for other parts it is
Vote on IA by CCoC expected on 6 November 2015; will likely be pushed back if DA review period is extended
CCC is a committee that is chaired by the Commission
Each Member State is considered to be one member of the committee and has one vote
Note: EP and the EU Council can at any time in this process indicate to the Commission that, in its view, the IA exceeds the implementing powers provided in the UCC. If that happens, the Commission has to take into account the positions expressed and inform the EP and the Council whether it intends to maintain, amend or withdraw the IA.