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Madeleine Merkx, Anne Janssen, Maxime Leenders
EC Tax Review
Volume 31, Issue 4 (2022) pp. 202 – 218
https://doi.org/10.54648/ecta2022020
Abstract
From 1 July 2021, platforms must deal with VAT (Value Added Tax) reporting and record-keeping obligations under the VAT Directive. As of 1 January 2023, these platforms will also have to deal with a set of information obligations under the new DAC7 Directive. This article seeks to address the impact of this combined legislation for platforms by analysing the differences and similarities of the legislation and proposing possible improvements for the application of this combined legislation to avoid overlap and create more efficiency and effectiveness of those rules.
Keywords
DAC7, VAT, platform, record-keeping, reporting, obligations, exchange of information, sharing economy, e-commerce, alignment
Extract
With the recent focus on BEPS and digital taxation, it is expected that we will see a ‘tsunami’ of disputes in the coming decade. In order to counteract this, both the OECD and the EU have introduced new dispute resolution measures through the MLI and the Dispute Resolution Directive respectively. Although the provisions in these instruments may appear to have similar structures at first glance, they vary greatly in terms of scope and procedure. In fact, taxpayers will soon be facing questions as to which procedure to apply and how they relate to each other and interact. Accordingly, this article aims to compare the dispute resolution provisions in both instruments so as to point out similarities, differences and the consequences thereof.
EC Tax Review