Webinar on new e-commerce regulations

In a free webinar with practical contents (June 18, 10:00 – 11:15), Mauro Trivellin – professor of tax law at the University of Padua – and Davide Centurelli – partner and coordinator of the Italian VAT and Indirect Taxes Service Line – discuss the new regulations for e-commerce, the new obligations established by the DAC 7 directive in force from 2023 and the impact of sharing and gig economy on VAT.

In the session of May 20th, 2021, the Council of Ministers gave its final approval to the legislative decree transposing the new rules dictated by EU Directive No. 2017/2455 on VAT for the provision of services and distance sales of goods (generically referred to as the “eCommerce package”).

The rules will come into force as of next July 1st, six months later than the original deadline of January 1st, 2020 due to the continuing pandemic crisis. Among the most significant changes, the reduction to 10,000 euros of the threshold for the application of VAT in the country of destination in the case of sales to private individuals via the internet, as well as the introduction of the new national one-stop shop system (so-called OSS) where taxpayers will be able to declare internet sales made to EU countries and settle the related tax, with obvious advantages and simplifications, determined by the elimination of the need to register in each country for the purposes of local VAT settlement.

Further simplifications have also been introduced for the importation of goods of “low value”, as well as the introduction of new information and operating obligations for digital platforms that act as intermediaries in these online sales services. We will examine the new rules for managing distance sales and the mechanism for reporting and declaring these flows in the first part of our seminar.

The more than 12 months in which the pandemic crisis has lasted have deeply transformed our economic system, generating a real exponential growth of electronic commerce, both carried out directly by operators but also and above all through digital platforms. We will therefore also analyze the novelties in this sector. In fact, with the publication in the European Official Journal of Directive DAC 7, new rules have come into force to perfect administrative cooperation in the tax field and to adapt to the economic evolution of digital platforms, where certain companies active on these platforms enjoy an undue advantage over traditional commercial operators.

The need for member states to monitor income flows through these platforms has prompted the European Union to amend the directive on administrative cooperation in the field of taxation.

In fact, the DAC 7 directive integrates the DAC 1 regulation of 2011 (no. 2011/16/EU) on administrative cooperation between the Member States, transposed by almost all the countries belonging to the European Union. It must be implemented by the legislation of the individual countries by 2023.

The new directive accentuates the fight against international elusive practices strategies of certain cross-border tax planning, also adopting the parameters of the OECD and the BEPS Project relating to the “Mandatory Disclosure Rules”, the international data reporting standard, to extend tax transparency.

DAC 7 requires digital platform operators to fulfill certain reporting and disclosure obligations to the relevant national tax authorities on the amounts received by companies selling on their platforms, relating to:

• the rental of real estate, both residential and commercial
• personal services
• the sale of goods
• the rental of any means of transport.

Reporting obligations are also incumbent on Member States, which are required to quickly and automatically send the data received from platforms to other countries.

The free webinar organized by Andersen will touch on the following topics:

• New definition of distance sales of goods and distance sales of imported goods, as well as in the rules of territoriality
• The transformation of MOSS into OSS (both EU and non-EU)
• Introduction of the IOSS system: special regime for distance sales of imported goods with an intrinsic value not exceeding 150 euros
• New role of electronic interfaces in distance selling transactions
• The central role of digital platforms in the exchange of information between financial administrations in the digital economy
• The evolution of the system

Free registration at this link (the webinar will be held in Italian)

E-commerce reform and new disclosure requirements for digital platforms. News on taxation and exchange of information in the digital economy: the constraints introduced by Dac-7

Friday, June 18th | 10:00 – 11:15