The VATfaqs digest
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Vertex Inc. highlights how continuous transaction controls (CTCs) shift tax compliance into real-time, exposing risks from misaligned IT, tax, and finance functions. The article outlines upcoming EU e‑invoicing mandates—Belgium 2026, Slovakia 2027, France 2026, Poland 2026, Germany phased rollout—and stresses the need for cross‑functional collaboration to meet real‑time reporting requirements.
Crowe Poland outlines a draft amendment to the Polish VAT Act that proposes a mix of simplifications and tightening measures. Key proposals include a new VAT warehouse system, extended VAT payer list verification, elimination of certain reporting obligations, and changes to the TAX FREE system and goods classification. The draft also introduces tighter controls such as extended buyer liability and revised cash register rules.
Global e-Invoicing Requirements Tracker
Portugal’s new VAT grouping regime, effective from July 1 2026, introduces stricter eligibility criteria than other EU members, requiring a dominant entity to hold at least 75 % of share capital and 50 % of voting rights, and limiting participation to entities with a Portuguese head office that carry out deductible activities. The regime does not neutralise intra‑group supplies and may exclude financial and insurance groups with predominantly exempt activities.
The Court of Appeal ruled that public funds paid to further education institutions are third‑party consideration for the supply of education, placing them within the scope of VAT but exempt. HMRC accepts the judgment, will not pursue a further appeal, and maintains the current position pending consultation, meaning institutions can continue their existing VAT treatment until any future policy change applies prospectively.
UAE e‑invoicing will give the Federal Tax Authority real‑time, invoice‑level visibility via the Peppol network, enabling automated matching of output and input VAT. The new system requires businesses to align VAT return timing with invoice transmission, ensure credit notes reference original invoices, and depend on suppliers’ successful transmission for input VAT recovery. Firms should update supplier agreements and reconcile monthly to avoid audit triggers.
A proposal from the Streamlined Sales Tax Governing Board would allow unregistered remote sellers to limit their look‑back period to 24 months, subject to state law. Companies would apply through the board, with state authorities verifying eligibility, and the program is intended to avoid overlap with existing voluntary disclosure agreements. The initiative aims to encourage remote sellers to come into compliance following the Wayfair decision.
France’s e‑invoicing reform mandates all VAT‑subject businesses to use an approved platform from 1 September 2026, with SMEs joining in 2027. The article explains the difference between accreditation and live invoice exchange, outlines penalties, and highlights the possibility of a 1 December 2026 deferral.
A proposed permanent reduction of the UK hospitality VAT rate from 20% to 10% would cost an estimated £12‑14 bn per year, with the bulk of the benefit accruing to large chains such as McDonald’s. The analysis argues the cut is mis‑targeted, unlikely to lower prices, and would create incentives for businesses to re‑characterise activities to qualify for the lower rate. It suggests alternative measures—such as business‑rate reform or NIC relief—would better support the sector.
The Bailiwick Express reader letter argues that Guernsey’s proposed 3% GST will not deliver the projected £55m revenue, instead yielding a net income of only about £12.3m after costs. It highlights one‑off implementation costs of £40.9m, ongoing annual costs of £30.7m, and a £30m increase in the States Superannuation Fund liability, concluding that the claimed £50m funding gap is negligible.
Italy’s mandatory B2B e‑invoicing via the SDI platform has exposed high first‑pass rejection rates driven by master‑data errors, highlighting the need for a tax engine to ensure real‑time compliance. The article quantifies savings of €37 per invoice and a drop in rejection rates to about 5% when a tax engine is used. It underscores that even mature markets like Italy still face significant data quality challenges that a tax engine can address.
The article explains how contract and toll manufacturing arrangements are treated under EU VAT law, highlighting the importance of economic reality in determining whether the supply is of goods or services. It outlines the reverse charge mechanism for toll manufacturing, the French four-part test, and the risk of creating a Fixed Establishment that triggers local VAT registration and reporting obligations.
The article provides a detailed checklist for UK VAT‑registered businesses to comply with the Making Tax Digital (MTD) programme, outlining digital record‑keeping, API submission, exemption criteria, and the penalty regime. It also highlights upcoming MTD requirements for Income Tax and offers guidance on software selection and consolidation.
The CJEU ruled that year‑end transfer‑pricing adjustments are not automatically considered VAT‑relevant unless they are directly linked to a specific supply. The decision clarifies that only adjustments that represent additional consideration for a particular taxable transaction trigger VAT adjustments, and businesses must assess the economic and contractual context of each adjustment to determine VAT exposure.
The Court of Justice of the European Union ruled on 13 May 2026 that transfer‑pricing adjustments do not automatically trigger VAT unless a direct link exists between an identifiable supply and the payment received. The decision clarifies that such adjustments may still be subject to VAT if they qualify as price adjustments affecting the taxable amount, and it requires companies to perform a case‑by‑case assessment of their intragroup agreements and documentation.
The BIR expanded the VAT exemption list for essential medicines in April 2026, increasing the number of exempt chronic‑condition drugs to 2,263 from 2,242 in December 2025. This move aims to reduce out‑of‑pocket healthcare costs and boost demand for locally produced generic medicines. The commentary notes potential benefits for domestic manufacturers but highlights ongoing challenges such as high out‑of‑pocket spending and supply‑chain constraints.
France's e-invoicing reform, effective 1 September 2026, requires all businesses with a French VAT footprint to use approved platforms for issuing and receiving electronic invoices and for transmitting transaction and payment data. The reform mandates structured invoice formats (UBL, CII, Factur-X) following EN 16931 with French extensions and adds four mandatory fields. SMEs and micro-enterprises will join the issuance and reporting obligations on 1 September 2027, while large enterprises must comply from 1 September 2026.
The Court of Justice of the European Union ruled that a transfer pricing adjustment does not automatically trigger VAT unless a direct link exists between an identifiable supply and the payment received. The decision underscores the need for companies to assess each adjustment case‑by‑case, draft clear intragroup agreements, and maintain robust documentation to secure the intended VAT treatment.
The Supreme Court has upheld a 28% GST on online gaming, applying it retrospectively to curb unregulated wagering. The ruling targets real‑money games and aims to aid investigations into money laundering. The decision marks a significant shift in India's approach to digital gambling.
The Court of Cassation’s Order no. 17536/2025 clarifies that formal violations of VAT bookkeeping and invoice preservation do not automatically bar the right to deduction, provided substantive obligations are met. The ruling sets two exceptions—fraudulent intent or inability to prove substantive compliance—under which deduction is denied. It reinforces the principle of fiscal neutrality while maintaining sanctions for formal non‑compliance.
On 13 May 2024, the CJEU ruled that contractual price adjustments in intragroup transactions are not considered a supply of services for VAT purposes, meaning such adjustments fall outside the scope of VAT. The decision applies across the EU, including Portugal and Luxembourg, and underscores the need for case‑by‑case assessment of transfer pricing adjustments. The ruling does not change VAT rates or thresholds but clarifies the treatment of these adjustments.