In a decision of 8 September 2022 in the case C-98/21, W GmbH, the CJEU addressed the question as to whether supplies obtained by a parent company in order to forward them to a subsidiary free-of-charge in the form of a shareholder contribution were eligible for input VAT deduction. Facts The objects of business of W […]
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As mentioned in our (German) newsletter of 21 May 2021, the Austrian Supreme Administrative Court (VwGH) submitted the following questions to the Court of Justice of the European Union (CJEU) regarding invoicing by the acquirer to the recipient in a triangular transaction: Is tax liability transferred to the recipient even if no reference is made in […]
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The EU’s DAC 7 Directive, which was published at the start of 2021, envisages an annual reporting requirement for digital platforms, whether they are resident within or outside the EU, as well as provisions on the automatic exchange of information (see Newsletter of 11 August 2021). The goal is to use automatic exchange of information to create […]
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As anticipated in the Tax Newsletter of 9 December 2021, the assimilation threshold (i.e. the threshold for arrivals of goods from other EU Member States and dispatches of goods to other EU Member States in the previous or current calendar year) has been raised for both arrival and dispatch declarations starting from the reference year 2022. […]
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On 21 December 2021, a new EU Directive (“Directive (EU) 2021/2101”) entered into force, amending the EU Accounting Directive. Under the Directive, companies are required to publish a so-called “report on income tax information” (also referred to here as “Public CbCR”). The goal of Public CbCR is to introduce an instrument for increasing transparency and enhancing […]
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Shortly before the end of 2021, the European Commission (EC) presented a proposal for an Anti-Tax Avoidance Directive (so-called “ATAD 3”) to prevent the misuse of shell (or letterbox) entities. The planned directive envisages extensive reporting obligations for shell entities, which may potentially lead to a loss of tax benefits (e.g. arising from application of […]
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Here we discuss various issues related to customs legislation which frequently cause problems from a tax advisory perspective. To protect yourself from higher charges and liability under tax criminal law, special attention needs to be paid to these issues to ensure that all relevant values have been recognised in the customs declaration. Here we provide […]
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On 22 December 2021, the European Commission published its proposal for a Council Directive to introduce a global minimum effective tax rate for large multinational groups and large-scale domestic groups operating in the European Union. This is intended to implement the OECD Pillar 2 rules (‘Model Rules’) in the EU Member States. The OECD Model Rules were […]
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In addition to the annual adjustments for Intrastat-declarations (e.g. update of CN8-Codes), new regulations will apply as of the reporting month January 2022 due to the regulations (EU) 2019/2152 und (EU) 2020/1197. In the following, we summarize the most important key aspects. Information to be reported The following information must be indicated: The nature of […]
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