Where, following a tax adjustment, additional VAT was paid to the Treasury and was the subject of documents rectifying the initial invoices several years after the supply, Member States may not deny the right to deduct VAT on the ground that the regulatory period laid down for the exercise of that right has expired. (C-8/17) […]
Whether one sells through platforms such as Amazon, E-bay or your own website, when selling goods into the European Union one must be compliant with the VAT regulations of the member state of sale. Even if your business is not registered in Europe. The European Union estimates that around a whopping 50 billion euros in […]
Base Erosion and Profit Shifting (B.E.P.S.) refers to tax planning strategies, that exploit gaps and actual mismatches in tax rules that allow the artificial shift of profits to loss or non-tax locations where there is little or no economic activity, which takes to little or no overall corporate tax being paid. In the attempt to […]
As we all know, starting with May 25th, 2018, General Data Protection Regulation (G.D.P.R.) will come into force and will impose stricter rules on how companies can store and use personal information of their employees. In the following lines we will detail the obligations of the companies, namely of human resources departments to comply with […]
Specifying the place of work in the individual labor contract Specifying the place of work involves the precise determination in space of the location where the work will be performed. The place of work, an element of the individual labor contract, shall not be confused with the meaning of the word “job”, as defined in […]
In accordance with earlier cases relative to A-B-C transactions, the ECJ ruled that the first sale (by A) may not be zero-rated where C may dispose of the goods in the Member State of departure before the intra-Community transport takes place. The Court even goes a step further: where C may dispose of the goods […]
A single supply consisted of two distinct elements which would be subject to different rates must be taxed solely at the rate applicable to that single supply, even if the price of each element forming the full price can be identified. The Court emphasizes the consequence of a bundled or single supply on the VAT […]
The EU has announced the removal of eight jurisdictions from its tax blacklist. On January 23rd, the European Council agreed to delist Barbados, Grenada, South Korea, Macao, Mongolia, Panama, Tunisia, and the United Arab Emirates. These jurisdictions are being moved to a separate category of jurisdictions, and will be subject to close monitoring. The Council […]
The EU Commission is preparing for the biggest reform of EU VAT rules in a quarter of a century, in an attempt to crack down on an estimated EUR 50 billion in tax revenue lost to cross-border VAT fraud between countries within the European Union (EU). Over 150 billion of VAT is lost every year, […]
The European Commission has today proposed new rules to give Member States more flexibility to set Value Added Tax (VAT) rates and to create a better tax environment to help SMEs flourish. Today’s proposals are the final steps of the Commission’s overhaul of VAT rules, with the creation of a single EU VAT area to […]
Starting with 06th of January, 2018 the gross average salary per economy has been increased from RON 3131 to RON 4162. Therefore, all references related to the gross average salary in 2018 must consider the amount of RON 4162. According to the Immigration legal requirements, non–EU foreigners having individual employment contract should obtain a gross […]
Published in the Official Gazette of Romania, Part I, No. 1040 of 29.12.2017. The Government Decision no. 946/2017 sets out a total number of 7.000 employment endorsements that might be issued in 2018 to foreign citizens belonging to other states than the European Union Member States or the European Economic Area or the Swiss Confederation, […]
By letter registered with the Commission on 26 April 2017, Romania requested based on Article 395 of the VAT Directive an authorisation to apply 0% VAT rate of VAT to a number of supplies of goods and services. Pursuant to Article 395 of the VAT Directive, the Council, acting unanimously on a proposal from the […]
Article 12 of (EC) Regulation No. 883/2004 provides that the period of secondment cannot be longer than 24 months, therefore the seconded employee may remain affiliated to the social security system from the country of origin for up to maximum 24 months. As an exemption, Article 16 of (EC) Regulation No. 883/2004 allows the competent […]
Romania could become the only EU member state to enforce the VAT split payment, and this will have a major impact on Romanian companies. After the new system is implemented, once a service is performed, the suppliers will provide the client with a VAT account. As a result of public consultations on the initial proposal […]
Customs value of defective goods (X BV, C-661/15, 12/10/2017) An importer may adjust the customs value declared upon importation where it is established that, at the time of release into free circulation, there was a manufacture-related risk that the goods might potentially become defective in use, and in view of this, the seller, pursuant to […]
Compared to the current Directive 95/46 / EC transposed into Romania by Law 677 / 2001, G.D.P.R. presents: Determination of the scope for which data is processed; Elimination of the current notification mechanism of the national authority (NSAPDP) and introduction of the accountability principle – the operator must be able to demonstrate that it complies […]
With the advent of EU Regulation 2016/679, traders who have an online business have a number of new obligations regarding the processing of their customers’ personal data. This responsibility of online stores is far more extensive than Law 677/2001, which will be repealed by the New Regulation on 25.05.2018. One of the most important changes […]
Markus J Beyrer, Director General of Business Europe, has expressed concerns about the proposed introduction of a European Union turnover tax on digital businesses.On September 21, the European Commission launched a new agenda to ensure that the digital economy is taxed “in a fair and growth-friendly way.” This could lead to the announcement of new […]
The European Commission is set to release a report this week on corporate tax reform. According to news reports, it will recommend that the European Union make unilateral changes to the way its members tax large international companies. If these reports are accurate, European leaders should reject the report’s proposals. Unilateral action would shackle Internet companies in […]