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Spain and the new e-commerce VAT regime. The hidden transposition

Since hidden in Chapter V, composed of a single article 10, pages 49860 to 49883, of "Royal Decree-Law 7/2021, of April 27, transposing the directives of the European Union in competition matters, prevention of money laundering, credit institutions, telecommunications, tax measures, prevention and repair of environmental damage, displacement of workers in the provision of transnational services and defense of consumers" (published in the Official Gazette of 28 April) 2021), it is perhaps of inte...

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VAT Expert Group. Selected CJEU cases. Right of deduction and supply chains

Presentation of the VAT COMMITTEE of the European Union during its 118th meeting the 19th April 2021 commenting on a selection of CJEU cases relating to deduction issues in different supply chains scenarios. See presentation here.

The new e-commerce VAT regime. Time to review your business flows and technology

The existence of a new European VAT regulation of the e-commerce, to be applied since the next 1st July, is a recurrent topic not only in specialized publications but in everyday medias. This can be easily explained by the fact that, in a higher or lower degree, the new rules will have implications for most companies.   Indeed, as an outcome of the democratization of technology and the consolidation of on-line distribution platforms and other e-commerce alternatives, it is not unusual that small...

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ECJ C-593/19 (SK Telecom) – Roaming services, effective use and enjoyment

Questions referred 1) Is Article 59a(b) of Directive 2006/112/EC, 1 as amended by Article 2 of Directive 2008/8/EC, 2 to be interpreted as meaning that the use of roaming services in a Member State in the form of access to the national mobile telephone network for the purpose of establishing incoming and outgoing connections by a ‘non-taxable end customer’ temporarily resident in that Member State constitutes ‘use and enjoyment’ in that Member State which justifies the transfer of the place of s...

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Spain. The Spanish Tax Agency updates it site to inform about the new VAT regime of e-commerce

The portal of the Spanish Tax Agency (AEAT) has published a new section where all the information about the new VAT regime for electronic commerce is gathered. As has been widely commented in the media, as of July 1, 2021, all member states must have transposed the new special one-stop-shop regimes provided for in Council Directive 2017/2455 into their regulations. The Spanish regulations carrying out this transposition are in process. The new OSS regimes are of optional application by the compa...

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Spain: Possibilities for the postponement of payment of VAT returns to be filed in April

With certain exceptions, VAT returns resulting to pay cannot be postponed and must be paid within the corresponding voluntary period, which deadline is:  1. For quarterly VAT returns (small companies), up to the 20th of the month following the quarter to declare.  2. For monthly VAT returns (companies with a turnover exceeding 6 million Euros), up to the 30th of the month following the one to declare.  The failure to pay within said voluntary period would trigger the executive collection procedu...

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