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B2C distant sales of goods by companies doing business in the European Union from a third country or territory: The new level playing field scenario

As much publicized in the media, since the 1st July 2021 there is a new scenario of the VAT treatment of the B2C distant sales of goods of companies operating from outside the European Union when selling to final consumers in any of the 27 member states.   This represents a drastic change in the previous existing status quo where most of these sales benefited from the, now eliminated, exemption for small parcels under 22 Euros, which created an unfair competition as regards the European companie...

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Spain. The new VAT e-commerce regulations and the SII obligations for non-resident companies

The so called “Suministro Inmediato de Información” (“Immediate Information Supply”) or SII, consists of the obligation to file electronically through the website of the Spanish Tax Agency (AEAT), in almost a “real time” basis, the data for all the transactions that must be included in the Spanish VAT registers.   This obligation affects those companies operating in Spain which, due to their operative, become taxable subjects for Spanish VAT purposes and must file VAT returns in a monthly basis,...

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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.

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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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