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The modernization of the electronic commerce to come. Latest legislative measures of the European Union

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Manuel Pérez de Algaba

Miércoles, 04 Diciembre 2019

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In the Official Journal of the European Union (OJUE) of November 29, 2019, Council Directive (EU) 2019/1995 of November 21, 2019 is published amending Directive 2006/112 / EC as far as it concerns the provisions regarding distance sales of goods and certain national deliveries of goods.

This rule addresses to certain problems posed by the changes introduced in the Directive 2006/112 / CE regulating VAT (VAT Directive) by Council Directive (EU) 2017/2455, in relation to the tax obligations arising from the provision of services and distance sales of goods.

With the publication in the OJUE of December 4, 2019 of the Council Implementing Regulation (EU) 2019/2026 of November 21, 2019, modifying Implementing Regulation (EU) nº. 282/2011 in order to adapt to the new VAT changes, the so-called “e-commerce package” and its complementary measures agreed by the European Council of December 5, 2017 are so completed.

It should be remembered that with the entry into force of the new regulatory framework for electronic commerce as of January 1, 2021, after transposition into national law of the modifications to the VAT Directive by the member states before December 31, 2021, the current VAT regime for distance sales of goods and services in the European Union, the importation of small shipments of less than 22 euros and the performance of platforms that mediate electronic commerce within the European market will be radically modified.

Given the complexity of the planned changes, we defer our comments to subsequent entries in our blog.