Currently legislative work on the bill has come to an end, the aim of which is to introduce a new tax on selected food products (“Sugar Tax“). The expected date of entry into force of this tax is 1st of January 2021.
The tax will apply to entities introducing beverages with the addition of sweeteners, caffeine or taurine to the domestic market – with some exceptions. Our analyzes indicate that this regulations may affect producers, distributors and retailers.
Companies supplying articles containing substances of high concern (SVHCs) on the Candidate List in a concentration above 0.1% weight by weight (w/w) on the EU market have will have to submit information on these articles to new EU register – SCIP (Substances of Concern In Products) as from 5 January 2021. Lead (which is widely used in electronics) is also among these substances. Thus, each article Lead (or the substance itself) must be submitted in this register. Please analyse the list of substances in order to understand if you face additional reporting obligation.
The recently issued judgment of the Polish Supreme Administrative Court related to the VAT treatment of supplies of medical device equipment (judgment of 30 July 2020, no I FSK 2120/19) is of importance to the industry.
Mid October 2020 the National People’s Congress of China passed a new export control law with a wide, extraterritorial scope and tighter control measures to safeguard national’s security interests. Items under control by this new law are dual use, military and nuclear goods, technology and services as well as items, which are subject to National Security.
The draft of the Annual Tax Law 2020 (Jahressteuergesetz 2020, or JStG 2020) recently published by the German Federal Government amends a large number of tax laws, including the German VAT Act (Umsatzsteuergesetz, or UStG) and the German VAT Ordinance (Umsatzsteuer-Durchführungsverordnung, or UStDV). It mainly provides for the implementation of the Digital VAT Package, which involves a complete redesign of the distance sales regime, but also includes several other important amendments. It should be noted that the JStG 2020 is only a draft at present, so its current wording may be withdrawn or amended and new measures may still be added.
On 22 October 2020, an opinion of the Advocate General (AG) has been published in the case SK Telecom Co. Ltd. Vs Finanzamt Graz-Stadt (Case C‑593/19). This case concerns the use and/or enjoyment rules for VAT in case of roaming services in a EU Member State.
As per the current trend and the development of Continuous Transactions Controls around the world, French Government intend to implement, through article 153 of the 2020 Finance Law, B2B e-Invoicing mandate and could also consider to pre-complete VAT reports.