- Details
On May 31, 2017 on the website of the Court of Justice of the European Union (CJEU) the opinion of Advocate General Mengozzi in the Case C-101/16, SC Paper Consult SRL versus Direcția Regională a Finanțelor Publice Cluj-Napoca and Administrația Județeană a Finanțelor Publice Bistrița Năsăud (ECLI:EU:C:2017:413) was published.
Introduction
· Does Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax preclude national rules under which a taxpayer is denied the right to deduct value added tax (VAT) paid on the purchase of goods and services from other taxpayers declared ‘inactive’ under those national rules, a list of whom is published on the website of the national tax authorities?
· That is, in essence, the subject matter of the question referred for a preliminary ruling by the Curtea de Apel Cluj (Court of Appeal, Cluj, Romania).
- Details
On May 31, 2017 on the website of the Court of Justice of the European Union (CJEU) the opinion of Advocate General Szpunar in the Case C-164/16, Commissioners for Her Majesty’s Revenue & Customs versus Mercedes-Benz Financial Services UK Ltd (ECLI:EU:C:2017:414) was published.
Introductory remarks made by the Advocate General
Leasing agreements continue to cause problems of interpretation on the basis of the rules governing value added tax (‘VAT’). Due to the mixed nature of such agreements it is not always evident whether they should be classed as a supply of goods or a supply of services. This in turn has significant consequences for taxpayers.
Although the Court has already dealt with numerous cases concerning leasing agreements, none has had a conclusive bearing on the method of classifying such transactions for VAT purposes. The present case will provide the Court with an opportunity to provide further clarification in this matter.
- Details
On May 29, 2017 the OECD released a key document, which will form the basis of the peer review of the Action 6 minimum standard on preventing the granting of treaty benefits in inappropriate circumstances. According to the OECD the document has been approved by the Inclusive Framework on BEPS.
The Action 6 minimum standard is one of the four BEPS minimum standards as identified the Inclusive Framework. Each of the four BEPS minimum standards is subject to peer review in order to ensure timely and accurate implementation and thus safeguard the level playing field. All members of the Inclusive Framework on BEPS commit to implementing the minimum standards and participating in the peer reviews.
- Details
On May 29, 2017 the Japanese Ministry of Finance issued press releases announcing that it came to an agreement in principle on a Double Taxation Agreement to be concluded with Iceland.
Read more: Japan and Iceland come to an agreement in principle on a DTA to be concluded
- Details
On May 29, 2017 the Council of the EU adopted a Council Directive amending Directive (EU) 2016/1164 as regards hybrid mismatches with third countries (Hereafter: ATAD 2).
Page 1 of 4
