Insights

Businesses usually provide goods or services against a payment. However, it sometimes happens that they do things free of charge, for example, to promote their sales or motivate their employees. The Court of Justice of the European Union (ECJ) has lately explained how VAT applies to such free supplies of goods or services. This article looks at the VAT aspects of giving goods away free of charge to promote the activities of a business.

What is the VAT deduction when goods are imported into the EU for the purpose of lease? And is the import VAT deductible by the lessee of said goods? The VAT Committee has recently published working papers (number 1061 and number 1064) on this topic. This article offers you the insights and information you need.

This article gives an overview of the latest country developments in e-invoicing and digital reporting. Furthermore, we review the latest EU developments and the reactions to the “VAT in the Digital Age” (ViDA) proposal. The article concludes with a view on expected further developments in e-invoicing and digital reporting and provides tips on how to prepare for the ViDA and e-invoicing.

The Court of Justice of the EU (CJEU) has recently further clarified the concept of a fixed establishment (FE) for VAT purposes in its important decision in the case C-333/20 (Cabot Plastics Belgium SA). On 29 June 2023, the CJEU held that a toll manufacturer in Belgium acting under an exclusive contract did not constitute an FE for its affiliated Swiss principal.

On the 17th of May 2023, the European Commission put forward the proposals for the reform of the EU Customs Union (‘EU Customs Reform’) to be implemented step-by-step starting in 2028.

This article focusses on the latest developments in e-invoicing and the European Commission’s “VAT in the Digital Age” proposal (ViDA). More specifically, it looks at responses and assessments of the ViDA from the EU institutions and from the EU Member States (MSs). In addition, the article gives an overview of the latest EU country developments in the e-invoicing and digital reporting. It concludes with a view on the expected further developments.

Our article “Information obligation for online platforms” of 21 July 2022 provided an overview of VAT obligations of platforms and new requirements for platforms to provide information about their sellers (DAC7). In this article, we not only take a look at the proposed EU rules for platforms, but also explain the recent EU Court of Justice (ECJ) decision over VAT liability of platforms. We begin with an high-level overview of the existing VAT rules for platforms.

On 8 December 2022, the European Commission made public its “VAT in the Digital Age” (ViDA) proposal.

The Court of Justice of the EU (CJEU) has recently clarified in its important decision in VAT case B (C-696/20)) the applicability of VAT in chain transactions.

The European Union (EU) has a solution to the problem of double taxation arising on the new EU Import One-Stop Shop (IOSS) scheme.

From January 1, 2023, platforms will be required to provide information about their sellers under the EU DAC7.

Case C-714/20 of the Court of Justice of the EU (ECJ) is of particular interest to forwarding agents.

The European Council has amended the EU VAT Directive relating to the place of supply for virtual events.

Most goods imported into the Netherlands from outside the EU are subject to VAT. The VAT will have to be paid by the importer at the time of clearing goods into the EU.

Customs duty is levied across the EU at the place where goods are cleared into ‘free circulation’ in the EU. Once duty (if applicable) and VAT has been paid by the importer, the goods are in free circulation and they can then be released for use in the EU market.

In most of EU countries acting as an ‘Importer of Record’ means that you will have to register for VAT, charge VAT on sales and submit VAT returns.