Global VAT & Indirect Tax News

The European Union’s data supervisor cautions that the EU’s intensified crackdown on VAT fraud could blur the line between data cooperation and law enforcement, potentially undermining data protection. The warning highlights concerns about the balance between anti‑fraud measures and privacy safeguards.

The EU will abolish the EUR 150 customs duty exemption for small parcels from 1 July 2026, replacing it with a fixed EUR 3 duty per item if VAT is paid via IOSS. A Union‑wide customs handling fee will start in November 2026, while several Member States have already introduced national fees from 1 January 2026. Additionally, the EU will incentivise the IOSS mechanism for B2C distance sales from 1 July 2028 and is working to remove the EUR 150 threshold for IOSS.

This manual provides HMRC staff with guidance on cross‑border exchange of information under UK international exchange agreements. It covers core principles, legal framework, specific forms of exchange, country‑by‑country reporting, automatic exchange of financial accounts, guidance on tax rulings, disclosable arrangements, mandatory disclosure rules, crypto‑asset reporting framework, and reporting rules for digital platforms.

HM Revenue & Customs confirms that the Extra Statutory Concession for linked goods, previously outlined in Notice 48, is no longer required. Supplies that were eligible for the concession will now be treated as single supplies under the standard VAT legislation, following existing case law. This change simplifies compliance by eliminating the need for the concession.

Poland’s 2026 tax landscape focuses on digital compliance, with mandatory e‑invoicing via the National e‑Invoicing System (KSeF) and new corporate income tax reporting in JPK_CIT format. The year also sees expanded withholding tax exemptions for foreign investment funds and a temporary 30% corporate tax rate for banks.

KPMG’s latest e‑invoicing developments timeline highlights key implementations for 2026. Belgium will require all VAT payers to issue and receive electronic invoices for domestic B2B transactions from 1 January 2026, with a fallback rule for technical issues. Poland will implement the remaining four e‑invoicing acts in February 2026 after signing them on 9 December 2025.

Portugal has extended its mandatory B2G e‑invoicing regime to all business sizes, with key deadlines moving into 2026 and 2027. The new rules require QR codes, ATCUD codes, and eventually Qualified Electronic Signatures (QES) for electronic invoices, while the eSPAP platform remains the official submission channel. SAP ECC and S/4HANA users must adopt the eDocument Cockpit and integration flows to remain compliant.

The European Data Protection Supervisor has warned that the European Commission’s proposal to grant the European Public Prosecutor’s Office and OLAF direct access to VAT information at EU level needs clearer safeguards to prevent blurring administrative and criminal boundaries. The proposal, aimed at tackling VAT fraud costing the EU €12.5‑32.8 bn annually, would amend an EU regulation to centralise access to VAT data for law‑enforcement purposes.

Spain’s December 2025 draft law transposes the first wave of the EU ViDA directive, tightening OSS rules, clarifying the €10,000 distance‑sales threshold, and expanding non‑Union OSS scope. It also introduces a representative requirement for non‑EU businesses seeking VAT refunds and sets transitional measures for call‑off stock and energy supplies. The draft signals that the most significant e‑invoicing and digital‑reporting mandates will arrive in 2030 and 2035.

Belgium will require VAT‑liable businesses to issue and receive structured electronic invoices (PEPPOL) from 1 January 2026. For the first three months of 2026, no sanctions will be imposed if companies can prove timely and reasonable preparations, but the tolerance is case‑by‑case and not a blanket postponement.

UK consumers buying from EU retailers may face extra customs duties, import VAT and courier handling fees on orders over £135, while orders £135 or less are exempt from additional charges. The new rules require EU sellers to register with HMRC and consumers can refuse extra fees but must pay to receive goods. Reclaiming overcharged duties and VAT is possible through specific customs forms, though courier fees are generally non‑reimbursable.

The CJEU ruled that a lawyer providing free legal assistance who receives a fee from the opposing party upon a successful outcome is considered a VAT taxable person. The court held that the lawyer's fee constitutes a supply of services for consideration, subject to VAT under the EU VAT Directive. This decision clarifies that such fees are taxable even when paid by a third party.

Fabian Barth examines how HMRC’s positions on input tax deduction have varied across cases, citing Royal Opera House, Hotel La Tour, and Littlewoods. He highlights contradictory stances on LVCR trade in the Channel Islands, underscoring the complexity of VAT compliance. The post emphasizes that court rulings and precedent shape the practical application of VAT rules.

Croatia’s new Fiscalization Act will require all VAT‑registered businesses to issue electronic invoices for domestic B2B transactions from 1 January 2026, using EN 16931‑1:2017 standards and real‑time transmission to the tax authority. Paper invoices will only be allowed in exceptional cases, and non‑VAT‑registered businesses must accept and issue e‑invoices by 1 January 2027. Penalties apply for non‑compliance.

On 15 January 2026 France and Germany will roll out updated hybrid e‑invoicing standards—Factur‑X 1.0.8 in France and ZUGFeRD 2.4 in Germany—aligned with the EU EN 16931 framework and the French AFNOR XP Z12‑012 standard. The update adds support for complex invoice structures, a newer UN/CEFACT CII release, clearer rounding tolerance rules, and updated documentation. Businesses invoicing in either country should verify ERP compatibility and adjust tax logic to meet the new tolerances.

The EU has updated its eInvoicing standard EN 16931, adding B2B extensions, new technical specifications, and a semantic data model. The ViDA initiative now requires near real‑time VAT reporting for intra‑EU transactions, with a new Digital Reporting Requirements (DRR) message that is a VAT report, not an invoice. Businesses aligning early will avoid compliance issues and benefit from streamlined invoicing and reporting.

The Madras High Court has ruled that input tax credit (ITC) claimed by dealers is provisional until they provide proof of the underlying sale transaction. The court directed the dealer to submit the required documentation, emphasizing that ITC cannot be confirmed without supporting evidence. This decision underscores the importance of maintaining proper records for GST compliance.

The Philippine Bureau of Internal Revenue’s RMC 108-2025, issued on 8 January 2026, expands the list of VAT‑exempt drugs under the TRAIN and CREATE Acts. The new list now covers 675 cancer drugs, 542 hypertension drugs, 323 diabetes drugs, 300 mental‑illness drugs, 173 high‑cholesterol drugs, 154 kidney‑disease drugs and 75 tuberculosis drugs, significantly broadening patient access to essential medicines.

Maastricht Centre for Taxation has released two free, open‑access books – "VAT in a Day" and "Customs in a Day" – that provide concise introductions to the EU VAT Directive and the Union Customs Code. The publications aim to equip readers with a solid grasp of EU indirect tax law within a single day and are supported by leading Dutch universities and tax firms.

From 1 January 2026, a wave of jurisdictions will tighten enforcement of VAT and GST on cross‑border digital services, expanding scope, tightening registration triggers and integrating data‑driven compliance. The changes focus on stronger enforcement, refined liability rules and closer integration of transaction and payment data, affecting non‑resident digital service providers worldwide.