The Transfer Pricing adjustment does not impact on the customs value of imported goods. Judgment of the European Court of Justice of December 20th, 2017

The European Court of Justice published in December 20, 2017 a sentence (case C-529/16) that decouples the prices agreed between related entities and the customs value declared. This relation was proposed by the World Trade Organization by 2015, through the publication of the Customs Valuation and Transfer Pricing Guide. This…

Proposal by the European Commission for the modernization of VAT as regard Ecommerce

On December 5th, the European Commission approved the VAT package for the modernization of Ecommerce of goods and services in the EU territory, by a Directive and two Regulations. The purposes of this measure are: – To facilitate the international trading – Combat VAT fraud – Ensure free competition for…

New Guidance on the implementation of Country by Country Reporting

The next 31st December,2017 is the deadline to submit the Country by Country reporting for the taxpayers that are bound to complete it and their fiscal year ended on 31st December, 2016. Country by Country reporting applies to multinational enterprises groups with an annual consolidated group revenue of EUR 750…

Can a mooring point of a vessel be considered as a PE for VAT purposes? Judgment of the Economic-Administrative Court of October 23

The concept of Permanent Establishment (PE) for VAT is defined in the VAT Act through the article 69.Three, in its general concept as “any fixed place of business where entrepreneurs or professionals perform business or professional activities”. Under this definition and in accordance with the information requested and at the…

Leasing operations in the VAT and its qualification as provision of service or supply of goods. Judgment of ECJ of October 4, 2017

Traditionally there has been a problem in relation to leasing operations and their qualification for VAT purposes such as provision of services or delivery of goods, since that qualification will affect to the moment the VAT becomes due and payable, as from the moment of the supply of the goods,…