Australia beach

‘Netflix tax’ - new cross border rules in Australia

By Jonathan Ackerman, Kelly + Partners

Over the last couple of years, the Australian Federal Government has introduced a comprehensive regime to ensure that overseas suppliers apply Australian Goods and Services Tax (GST) to goods and digital products sold to Australian consumers and to online bookings for Australian hotels.

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Malakka, Malaysia

The Reintroduction of the Sales and Service Tax

By KC Chia, KC Chia & Noor

‘…to hope, till Hope creates from its own wreck the thing it contemplates...’ (Percy Bysshe Shelley from ‘Prometheus Unbound’)

The existing multi-stage, broadbased goods and service tax (GST) regime which was implemented on 1 May 2015 has been repealed by the new Malaysian Government and replaced by a single-stage sales tax and service tax (collectively, ‘SST’). The new acts were gazetted and slated to be enforced on 1 September 2018. This dynamic turn has served as a timely wake-up call for all businesses to review their business operations.

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South African VAT Consequences on Foreign Rebates

By Graeme Saggers and Simphiwe Mili, Nolands

The VAT consequences on rebates received from international companies is an issue not often considered. Very little legislation and case law exists governing the treatment of rebates received from international entities. Currently only binding general rulings provide for the treatment of local rebates in the Fast Moving Consumable Goods and the Motor industries.

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Non-Resident Taxable Person under GST

By Aditya Kumar, Ashwani & Associates, Chartered Accountants

With the introduction of GST in India, it is important for foreign corporations to understand the concept of non-resident taxable person (‘NRTP’). The concept introduced under the GST laws has led to raised eyebrows by the foreign companies doing, or intending to do, business with India.

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Ministry of Finance, Berlin

The German View on Cross-Border Tax Audits

By Brigitte Jakoby, Jakoby Dr. Baumhof - Wirtschaftsprüfer Steuerberater Rechtsanwälte

Since the introduction of the Mini One Stop Shop (“MOSS”) within the EU, cross-border tax audits have been an important, but still unresolved issue. EU Member States have not yet been able to agree on harmonised rules for conducting cross-border tax audits. A leaflet published by the German Ministry of Finance on cross-border tax audits now seeks to answer some of these issues/ questions. The leaflet deals with the purpose of cross-border audits.

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online marketer

Amnesty: US Multistate Tax Commission Offers Remote Sellers an Opportunity

By Pablo Garciga, Funaro & Co. PC

Owning property in a state generally establishes tax nexus. This is true even if a Treaty between the US and a foreign country creates the legal fiction that the limited activities of the foreign vendor are not deemed to create a Permanent Establishment in the US for federal income tax purposes. Since the number of online vendors have increased, the situation often arises whereby an outof- state vendor owns inventory held by an online marketer (e.g. Amazon) at the marketer’s warehouse. This situation has the potential of creating nexus for the out-of-state vendor in many states.

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