Rethinking EU VAT for P2P Distribution

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Release : 2015-09-24
Genre : Law
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Book Rating : 457/5 ( reviews)

Rethinking EU VAT for P2P Distribution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Rethinking EU VAT for P2P Distribution write by Cristina Trenta. This book was released on 2015-09-24. Rethinking EU VAT for P2P Distribution available in PDF, EPUB and Kindle. Peer-to-peer (P2P) networks – decentralized group structures allowing anyone to easily download and share resources online – already play a critical role in the distribution of digital content. Most of the debate on P2P heretofore has focused on copyright issues. However, as the basis for legitimate business models a number of companies have already quietly embraced, P2P has a largely unknown and underestimated impact on taxation, with vast repercussions on the development of mature, profitable markets. This book analyses the current framing for digital and media supplies provided via P2P technologies through the lens of an interdisciplinary approach drawing on tax law, computer science, economics, copyright law, and business studies. VAT concepts such as those of economic activity and taxable person, taxable transactions, consideration, barter and taxable amount, and territoriality rules are discussed in connection with P2P, as is the evaluation of VAT liability for P2P operations in the presence of copyright infringement. Topics and issues considered include: - centralized and decentralized P2P networks; - free-riding problems; - identifying actors in P2P networks for VAT purposes; - P2P and place of supply; and - pros and cons of integrating P2P with taxation regimes and especially VAT systems. The analysis draws on a vast range of sources, including EU legislation and case law, tax law literature and doctrine, international conventions and treaties, Council of Europe and OECD documents, ECHR case law, and official documents and cases from key jurisdictions worldwide, offering the first thoroughly grounded approach to overcoming the lack of understanding and awareness of ongoing changes currently separating the digital economy and traditional taxation systems, and a solid platform for discussion to the diverse communities of researchers and professionals interested in P2P.

Rethinking EU VAT Fof P2P Distribution

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Release : 2015
Genre : Peer-to-peer architecture (Computer networks)
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Book Rating : 376/5 ( reviews)

Rethinking EU VAT Fof P2P Distribution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Rethinking EU VAT Fof P2P Distribution write by Cristina Trenta. This book was released on 2015. Rethinking EU VAT Fof P2P Distribution available in PDF, EPUB and Kindle. Based on author's thesis (doctoral - Jèonkèoping University, 2013) under title: VAT in peer-to-peer content distribution: towards a tax proposal for decentralized networks.

Taxation in a Global Digital Economy

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Release : 2017-10-04
Genre : Law
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Book Rating : 055/5 ( reviews)

Taxation in a Global Digital Economy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Taxation in a Global Digital Economy write by Ina Kerschner. This book was released on 2017-10-04. Taxation in a Global Digital Economy available in PDF, EPUB and Kindle. Time to discuss anti-BEPS measures around digitalization In the course of the BEPS Report on Action 1, it was concluded that there was no instantaneous need for specific rules to address base erosion and profit shifting (BEPS) made possible by the digitalization of enterprises and new digital businesses. At the same time, it was acknowledged that general measures may not suffice with the assessment of results to begin in 2020. While awaiting possible fundamental reforms of the tax framework, it is time to discuss anti-BEPS measures bearing in mind the peculiar features of the digital economy such as increased mobility, no need for physical presence, and dematerialization. The Book focuses on five key areas of interest:International Tax PolicyTax Treaty LawTransfer PricingIndirect Taxation IssuesEU Law “Taxation in a Global Digital Economy” analyses the issues and addresses the five key areas of interest from various viewpoints.

Platforms in EU VAT Law

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Release : 2022-10-18
Genre : Law
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Book Rating : 463/5 ( reviews)

Platforms in EU VAT Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Platforms in EU VAT Law write by Christina Pollak. This book was released on 2022-10-18. Platforms in EU VAT Law available in PDF, EPUB and Kindle. Applying the provisions of the European Union Value Added Tax (EU VAT) Directive poses challenges when applied to the digital platform economy. Recent responses to these challenges revolve around the deemed supplier regime introduced by the so-called e-commerce package, and this regime is thus the focus of this indispensable work, the first to provide an in-depth analysis of the regime, its background and scope, its interpretation, and its application in practice. In its detailed examination of how digital platforms that enable supplies of goods through their interfaces are treated for VAT purposes under EU law, the author elucidates such topics and issues as the following: The qualification of the sale of goods through platforms; supply of the platform service to the underlying supplier; supply of the platform service to the customer; supply of goods from the underlying supplier to the customer; supplies from third countries; the Organisation for Economic Co-operation and Development (OECD) proposal’s influence on the interpretation of the EU e-commerce package; chain transactions; determination of the place of supply; chargeable event and chargeability of VAT; taxable amount; applicable rates and exemptions; platform’s recordkeeping obligations; accompanying customs measures; return of goods and warranty cases; and future of effective and efficient VAT collection. The author also undertakes a detailed analysis of a potential infringement of the principle of equality, neutrality, and the right to conduct a business. Fully taking into consideration the case law of the CJEU, administrative practice, and the relevant academic literature, the author’s research reveals the weaknesses, opportunities, and limits for Member States’ implementation of EU VAT law. The upshot is an important work that promises to make the EU VAT system more fraud-resistant, simplify compliance obligations, enforce the principle of neutrality, and reduce distortion of competition. The book will be of immeasurable value to any practitioner and policymaker approaching any case involving the deemed supplier regime for digital platforms with full awareness of the applicable rules.

Insurance in European VAT

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Release : 2016-11-30
Genre : Law
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Book Rating : 612/5 ( reviews)

Insurance in European VAT - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Insurance in European VAT write by Marta Papis-Almansa. This book was released on 2016-11-30. Insurance in European VAT available in PDF, EPUB and Kindle. Insurance constitutes a significant part of the financial services sector and is one of the foundations of modern economy and society. In the design of tax laws, however, whether and how to tax insurance is a complex issue that has become particularly controversial in the area of value-added tax (VAT). In the European Union, as in most of the world, insurance is exempt from VAT, but New Zealand and Australia do not follow this practice. Given that New Zealand’s simple, comprehensive goods and services tax (GST) – called ‘the world’s purest value-added tax’ – and its modified Australian version do not appear to suffer from the shortcomings in efficiency and effectiveness that plague European VAT, a comparison of the two systems is in order. This book is not only the first comparative in-depth study of the treatment of insurance in the two systems, but also the first comprehensive legal research devoted to the treatment of insurance in EU VAT published in English. Among the underlying issues and topics treated by the two systems covered are the following: – who has a right to deduct input VAT in relation to supplies inherent in insurance arrangements and to what extent; – what constitutes a supply of insurance and consideration for such a supply; – what transactions fall within the scope of the VAT Directive’s exemption for insurance; and – drawing a line between insurance and saving. The analysis is grounded in a methodology in which concepts of European VAT are compared with concepts performing the same function in the Australian and New Zealand GST laws. The author concludes with proposals for reform in EU VAT in the light of experience in these two major non-EU countries. Given that it has been proven that exemptions from VAT (such as insurance) cause a significant number of economic distortions and inefficiencies, this study represents a major contribution to a topical debate in European VAT law. It will be welcomed by taxation authorities, interested policymakers, practitioners, and scholars not only in Europe but worldwide.