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Newsletter from International Tax Plaza of September 5, 2015

 

In this edition:

·       CJEU rules in Case C-526/13 Fast Bunkering Klaipėda (VAT – Directive 2006/112/EC – Supply of goods for the fuelling and provisioning of vessels used for navigation on the high seas – Supplies to intermediaries acting in their own name)

·       CJEU rules in Case C-463/14 Asparuhovo Lake Investment Company (VAT – Directive 2006/112/EC – Meaning of ‘supply of services’ — Subscription contract for the supply of consulting services – Chargeable event – chargeability of the tax)

·       Quick News from September 3, 2015

·       FATCA IGA between St. Kitts and Nevis and the U.S. has been signed

·       REMINDER: TAXE’s co-rapporteurs to present their Draft Report during TAXE’s meeting of September 7, 2015

·       Quick News from September 4, 2015

·       Ireland - Revenue eBrief No. 84/15: “VAT - Portfolio Management Services: Revenue's position following the decision of the CJEU in Deutsche Bank AG (Case C-44/11)”

·       Great career opportunities

 

 

CJEU rules in Case C-526/13 Fast Bunkering Klaipėda (VAT – Directive 2006/112/EC – Supply of goods for the fuelling and provisioning of vessels used for navigation on the high seas – Supplies to intermediaries acting in their own name)

(September 3, 2015)

On September 3, 2015 the European Court of Justice (CJEU) ruled in Case C‑526/13 ‘Fast Bunkering Klaipėda’ UAB versus Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos (ECLI:EU:C:2015:536).

 

Must Article 148(a) of Directive 2006/112 be interpreted as meaning that the provisions of that paragraph concerning exemption from VAT are applicable not only to supplies to the operator of a vessel used for navigation on the high seas, who uses those goods for the fuelling and provisioning of the vessel, but also to supplies other than to the operator of the vessel, that is to say, to intermediaries acting in their own name, where at the time of the supply the ultimate use of the goods is known in advance and duly established, and evidence confirming this is submitted to the tax authority in accordance with the legislative requirements?...   Read the article on International Tax Plaza

 

 

CJEU rules in Case C-463/14 Asparuhovo Lake Investment Company (VAT – Directive 2006/112/EC – Meaning of ‘supply of services’ — Subscription contract for the supply of consulting services – Chargeable event – chargeability of the tax)

(September 3, 2015)

On September 3, 2015 the European Court of Justice (CJEU) ruled in Case C‑463/14 Asparuhovo Lake Investment Company OOD versus Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite, (ECLI:EU:C:2015:542).

 

·     Should Article 24(1) and Article 25(b) of [the VAT] Directive … be interpreted as meaning that the term “supply of services” also includes subscription contracts for the supply of consulting services such as those at issue in the main proceedings, namely where a supplier, having qualified personnel available for supplying the services, has agreed to be on call for the customer during the term of the contract and has undertaken to refrain from entering into contracts with a similar subject-matter with the customer’s competitors?

 

·     Should Articles 63 and 64(1) of [the VAT] Directive … be interpreted as meaning that, for subscribed consulting services, the chargeable event occurs on expiry of the period in respect of which the payment was agreed, irrespective of whether and how often the customer makes use of the supplier’s on-call services?

 

·     Should Article 62(2) of [the VAT] Directive … be interpreted as meaning that a person supplying services in connection with a subscription service contract is obliged to charge VAT for the services on expiry of the period in respect of which the subscription fee was agreed, or does this obligation arise only if the customer has made use of the consultant’s services over the corresponding taxable period?...   Read the article on International Tax Plaza

 

 

Quick News from September 3, 2015

 

In today’s edition: CJEU – Opinion of Advocate General Wathelet delivered in Case C-388/14 Timac Agro Deutschland (ECLI:EU:C:2015:533) (Corporate Income Tax - Freedom of establishment); Ireland – Revenue eBrief No. 82/15 - Use of section 615 TCA 1997 to avoid CGT on ultimate disposal of assets; The Netherlands – Beantwoording Kamervragen over mogelijke belastingontwijking door Walmart; The Netherlands – Antwoorden kamervragen TAXE; Ireland – Revenue eBrief No. 83/15 - Pensions Manual Amended…   Read the article on International Tax Plaza

 

 

FATCA IGA between St. Kitts and Nevis and the U.S. has been signed 

(September 4, 2015)

The U.S. Department of the Treasury on its webpage that is dedicated to FATCA has announced that the FATCA Agreement that was concluded between the Government of the United States and the Government of St. Kitts and Nevis has been signed…   Read the article on International Tax Plaza

 

 

REMINDER: TAXE’s co-rapporteurs to present their Draft Report during TAXE’s meeting of September 7, 2015

(September 4, 2015)

We would like to remind you that the co-rapporteurs of the European Parliament’s Special Committee on Tax Rulings and Other Measures Similar in Nature or Effect (TAXE) are going to present their Draft Report on tax rulings and other measures similar in nature or effect during the next meeting of TAXE. This meeting is scheduled to take place on Monday September 7, 2015 from 19.00 to 22.30…   Read the article on International Tax Plaza

 

 

Quick News from September 4, 2015

 

In today’s edition: European Commission - Commission presses Member States on VAT revenue collection; United States – Interest Rates Remain the Same for the Fourth Quarter of 2015…   Read the article on International Tax Plaza

 

Ireland - Revenue eBrief No. 84/15: “VAT - Portfolio Management Services: Revenue's position following the decision of the CJEU in Deutsche Bank AG (Case C-44/11)”

(September 4, 2015)

On September 4, 2015 the Irish Revenue published Revenue eBrief No. 84/15: “VAT - Portfolio Management Services: Revenue's position following the decision of the CJEU in Deutsche Bank AG (Case C-44/11)”.  According to the eBrief its purpose is to advise portfolio investment managers that Part 05.70 of the VAT Manual has been updated to set out the revised VAT treatment applying to portfolio management services following the decision of the Court of Justice of the European Union (CJEU) in Deutsche Bank AG (Case C-44/11)…   Read the article on International Tax Plaza

 

 

Great career opportunities

• Senior Tax Analyst (Google – United States, Mountain View, CA)

• VAT Expert (Philips – Poland, Warsaw)

• VAT Controller (multiple positions) (Philips – The Netherlands, Eindhoven)

• APAC Tax Manager (LEGO – Singapore)

• APAC Finance and Tax Manager (Netflix – Singapore)

• Manager – Indirect Taxation (Alstom – India, Noida, Uttar Pradesh)

• Tax Consultant (Dell – United States, Round Rock, TX)

• Tax Accountant (GoDaddy – United States, Scottsdale, AZ)

• International Mobility & Wage Tax Analyst (NIKE – The Netherlands, Hilversum)

• VAT Manager, Indirect Tax, Aarhus (Arla Foods – Denmark, Aarhus)

   

   

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