European VAT and the Sharing Economy

European VAT and the Sharing Economy
Author: Giorgio Beretta
Publisher: Kluwer Law International B.V.
Total Pages: 366
Release: 2019-10-24
Genre: Law
ISBN: 9403514426

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A breadth of new digital platforms has dramatically expanded the range of possibilities for exchanging anything required by business or personal needs from accommodation to rides. In the virtual marketplaces shaped and ruled by these novel matchmakers, rather than by a single centralized entity, value is created through the granular interaction of many dispersed individuals. By allowing instantaneous and smooth interaction among millions of individuals, platforms have indeed pushed the digital frontier farther and farther, so as to include within it even services once not capable of direct delivery from a remote location such as accommodation and passenger transport. Legal disruption is also underway with foundational dichotomous categories, such as those between suppliers and customers, business and private spheres, employees and self-employed, no longer viable as organizational legal structures. This is the essential background of the first book to relate what is synthetically captured under the umbrella definition of ‘sharing economy’ to key features at the core of European Value Added Tax (EU VAT) and to look at the feasibility of a reformed EU VAT system capable of addressing the main challenges posed by these new models of production, distribution and consumption of goods and services. Specifically, the study analyses five legal propositions underpinning the current EU VAT system as the following: taxable persons; taxable transactions; composite supplies; place of supply rules; and liability regimes for collection and remittance of VAT. Exploration of these five legal propositions is meant to assess the practical feasibility of shoehorning the main sharing economy business models – notably, those available in the accommodation and passenger transport sectors – into the framework of existing EU VAT provisions. The author further draws on the normative standards of equality, neutrality, simplicity, flexibility and proportionality to test the ‘reflexes’ of the current EU VAT system in the sharing economy domain. Opportunities for reform of the current EU VAT system are in turn evaluated with each chapter including cogent proposals in the form of incremental and targeted amendments to the current EU VAT provisions. As the first comprehensive analysis of the treatment of the sharing economy for VAT purposes, the book provides not only a theoretical framework for future studies in the tax field but also indispensable practical guidance for VAT specialists confronting daily with the many challenges ushered in by the sharing economy. Moreover, the various solutions and recommendations advanced in the book offer valuable insights to international and national policymakers dealing with similar issues under other VAT systems.

How the Sharing Economy is Challenging the EU VAT System

How the Sharing Economy is Challenging the EU VAT System
Author: I. Grlica
Publisher:
Total Pages:
Release: 2017
Genre:
ISBN:

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Sharing online platforms (Airbnb, Uber, BlaBlaCar, etc.) disrupt the way business has traditionally been done and pose new challenges both to established industries as well as to regulators. In this article, the author explains the main characteristics of the sharing economy business models and outlines the general legal and tax challenges that they raise, before focusing in more detail on specific VAT issues of sharing platforms with a view to providing some guidance on how they can best be addressed.

Taxing Consumption in the Digital Age

Taxing Consumption in the Digital Age
Author: Katharina Artinger
Publisher: Nomos Verlag
Total Pages: 336
Release: 2020-10-16
Genre: Law
ISBN: 3748910452

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Die Digitalisierung hat enorme Auswirkungen auf die Grundidee der Mehrwertsteuer: den Austausch von Leistungen für Konsumzwecke. Die Dissertation konzentriert sich auf den Austausch von scheinbar "kostenlosen" Online-Dienstleistungen und die Zustimmung der Kunden zur Verwertung ihrer persönlichen Daten. Diese können der Mehrwertsteuer unterliegen, wobei die Bemessungsgrundlage auf Grundlage der Anbieterkosten berechnet werden muss. Die Ergebnisse basieren auf einer Analyse der EU-Mehrwertsteuer als Verbrauchsteuer im Vergleich zu anderen theoretischen Konsummodellen. Auch andere digitale Geschäftsmodelle, wie die Sharing Economy oder Bitcoins, können unter die Idee der EU-Mehrwertsteuer als Verbrauchsteuer subsumiert werden. Dissertationspreis der Nürnberger Steuergespräche e.V. 2020

VAT and the Sharing Economy

VAT and the Sharing Economy
Author: G. Beretta
Publisher:
Total Pages: 51
Release: 2017
Genre:
ISBN:

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This thesis discusses certain EU VAT issues related to the sharing economy. By reviewing VAT concepts such as 'consumption', 'taxable person', 'economic activity' and 'consideration', as streamlined by the European Court of Justice through decades, this thesis proposes a framework to shed some light on the VAT treatment of the sharing economy.

Taxation of the Sharing Economy in the European Union

Taxation of the Sharing Economy in the European Union
Author: Katerina Pantazatou
Publisher:
Total Pages: 14
Release: 2018
Genre:
ISBN:

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The chapter provides an overview of taxation in the EU and the taxation of the sharing economy in general. First, I turn to examine whether and if so, to what extent, secondary EU tax legislation applies in the sharing economy and how other areas of law, such as labour law, affect taxation. Following this, I briefly present some of the different initiatives of the Member States with regard to taxation of the sharing economy and the remaining challenges they face, including the potential applicability of state aid rules.

EU VAT Categories and the Digital Economy - e-Book

EU VAT Categories and the Digital Economy - e-Book
Author: CANNAS FRANCESCO
Publisher: G Giappichelli Editore
Total Pages: 329
Release: 2022-04-29
Genre: Law
ISBN: 8892169912

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This monograph is the result of a study on how the main categories forming the VAT system have reacted to the increasing digitalization of the economy. The study is conducted from a predominantly EU perspective, with an in-depth analysis of the most recent European and international initiatives in the digital economy. The study explores how the current categories of good, service, taxable person and place of taxation are being challenged by tech innovations and business models that were not even conceivable at the time when the foundations of the VAT system were built. In particular, the situation of cryptocurrencies, digitization of books, sharing economy and cloud computing is explored. In conclusion, proposals are also made about some principles to be introduced in the VAT system in the light of recent technological developments. They are, in particular, re-materialization and hybridization of VAT.

VAT and the Sharing Economy

VAT and the Sharing Economy
Author: Giorgio Beretta
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

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The sharing economy, underpinned by digital platforms like Airbnb and Uber, which pair individuals' needs and wants, from accommodation to rides, is on the ascent. These new business models, where capital and labour are provided by several dispersed individuals rather than by a single centralized entity, defy the operational structure of comparable traditional activities. In the sharing economy, in fact, the personal and the professional spheres blur, and selfish motivations mingle with altruistic aims, while transactions span the whole market-to-gift spectrum. Against this background, in which the classification of individuals and transactions is less straightforward, the article intends to assess the practical feasibility of specific EU VAT notions such as "taxable persons" and "taxable transactions", as interpreted by the ECJ and the VAT doctrine. In addition, the research seeks to test these concepts against a framework of selected tax principles.Full-text Paper.

Platforms in EU VAT Law

Platforms in EU VAT Law
Author: Christina Pollak
Publisher: Kluwer Law International B.V.
Total Pages: 291
Release: 2022-10-18
Genre: Law
ISBN: 9403510463

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Applying the provisions of the European Union Value Added Tax (EU VAT) Directive poses challenges when applied to the digital platform economy. Recent responses to these challenges revolve around the deemed supplier regime introduced by the so-called e-commerce package, and this regime is thus the focus of this indispensable work, the first to provide an in-depth analysis of the regime, its background and scope, its interpretation, and its application in practice. In its detailed examination of how digital platforms that enable supplies of goods through their interfaces are treated for VAT purposes under EU law, the author elucidates such topics and issues as the following: The qualification of the sale of goods through platforms; supply of the platform service to the underlying supplier; supply of the platform service to the customer; supply of goods from the underlying supplier to the customer; supplies from third countries; the Organisation for Economic Co-operation and Development (OECD) proposal’s influence on the interpretation of the EU e-commerce package; chain transactions; determination of the place of supply; chargeable event and chargeability of VAT; taxable amount; applicable rates and exemptions; platform’s recordkeeping obligations; accompanying customs measures; return of goods and warranty cases; and future of effective and efficient VAT collection. The author also undertakes a detailed analysis of a potential infringement of the principle of equality, neutrality, and the right to conduct a business. Fully taking into consideration the case law of the CJEU, administrative practice, and the relevant academic literature, the author’s research reveals the weaknesses, opportunities, and limits for Member States’ implementation of EU VAT law. The upshot is an important work that promises to make the EU VAT system more fraud-resistant, simplify compliance obligations, enforce the principle of neutrality, and reduce distortion of competition. The book will be of immeasurable value to any practitioner and policymaker approaching any case involving the deemed supplier regime for digital platforms with full awareness of the applicable rules.

CJEU - Recent Developments in Value Added Tax 2017

CJEU - Recent Developments in Value Added Tax 2017
Author: Michael Lang
Publisher: Linde Verlag GmbH
Total Pages: 384
Release: 2018-08-10
Genre: Law
ISBN: 3709409543

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The most important and recent judgments of the CJEU Considering the ever increasing importance of indirect taxation as a source of revenue for governments, the intensifying complexity of legal framework, and the proliferating number of countries adopting indirect taxation, it is essential to scrutinize how the law is actually applied in practice. The primary driving force in this area is, undoubtedly, the Court of Justice of the European Union. This book analyses selected topics (e.g. the Charter of Fundamental Rights of the European Union and VAT, taxable base and rates, exemptions, and deductions) by examining the most prominent and recent judgments of the Court of Justice of the European Union. Experts from all over the world, not just from academia but also government representatives and tax practitioners, have provided their input and helped us compile what is an informative and worthy read for anyone dealing with indirect taxation on a professional basis.

International VAT/GST Guidelines

International VAT/GST Guidelines
Author:
Publisher:
Total Pages: 116
Release: 2017
Genre:
ISBN: 9789264295490

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Value Added Tax (VAT; also known as Goods and Services Tax, under the acronym GST in a number of OECD countries) has become a major source of revenue for governments around the world. Some 165 countries operated a VAT at the time of the completion of the International VAT/GST Guidelines in 2016, more than twice as many as 25 years before. As VAT continued to spread across the world, international trade in goods and services has also expanded rapidly in an increasingly globalised economy. One consequence of these developments has been the greater interaction between VAT systems, along with growing risks of double taxation and unintended non-taxation in the absence of international VAT co-ordination. The International VAT/GST Guidelines now present a set of internationally agreed standards and recommended approaches to address the issues that arise from the uncoordinated application of national VAT systems in the context of international trade. They focus in particular on trade in services and intangibles, which poses increasingly important challenges for the design and operation of VAT systems worldwide. They notably include the recommended principles and mechanisms to address the challenges for the collection of VAT on cross-border sales of digital products that had been identified in the context of the OECD/G20 Project on Base and Erosion and Profit Shifting (the BEPS Project). These Guidelines were adopted as a Recommendation by the Council of the OECD in September 2016.