Feb 19, 2018
Across the globe indirect VAT/GST rules are being amended to ensure that foreign digital suppliers become liable for the collection and remittance of these taxes. Singapore, in mid-February 2018, is the latest jurisdiction to flag such changes to their tax rules with change due on January 1, 2020.
This pace of change, from a taxation perspective, is rapid. In the first half of 2018 alone Turkey, Saudi Arabia, and the United Arab Emirates have all imposed a destination-based VAT on cross-border B2C digital service supplies.
The Organisation for Economic Co-Operation and Development (OECD) has already approved the destination-based principle in Action 1 of its Base Erosion and Profit Shifting (BEPS) report. The OECD states that: “For consumption purposes internationally traded services and intangibles should be taxed according to the rules of the jurisdiction of consumption.” Numerous tax jurisdictions are taking their lead from the OECD recommended approaches to taxing the digital economy.
Here we provide a list of tax jurisdictions that are planning to extend their VAT/GST laws to the consumption of cross-border digital services:
On Monday, February 19, during his 2018 Singapore speech Finance Minister Heng Swee Keat revealed that digital services imported by consumers based in Singapore will be subjected to GST from January 1, 2020.
From early reports of this GST extension, foreign-based suppliers of digital services would face GST registration to enable their collection and reporting of Singapore GST to the Inland Revenue Authority Of Singapore (IRAS).
“Today, services such as consultancy and marketing purchased from overseas suppliers are not subject to GST. Local consumers also do not pay GST when they download apps and music from overseas,” said Finance Minister Heng Swee Keat. “This change will ensure that imported and local services are accorded the same treatment.”
Singapore has been serious about taxing the digital supplies of foreign companies for some time now. The topic also made an appearance in the 2017 Budget, here’s a good summary of the issues as they relate to Singapore.
A draft bill to tax international e-commerce transactions went through a consultation process in July 2017.
The key proposals of the legislation were as follows:
- A foreign company selling intangible goods or rendering services through electronic media to a person that is not registered for VAT in Thailand will be required to register for VAT, subject to the provisions in the Revenue Code.
- The owner of a website or application through which a foreign company sells intangible goods or renders services will be treated as an agent of the foreign company for VAT purposes.
- Importation of tangible goods worth less than Thai baht (THB) 1,500 (circa GBP£35.00, EUR€38.00, USD$44.00) will no longer be exempt from VAT.
- A foreign company operating an e-commerce business with a local domain in Thailand which receives payment in THB, transfers money from Thailand, or meets other conditions prescribed by the Director General will be treated as having a permanent establishment (PE) in Thailand subject to corporate income tax.
- Income from online advertising, providing space on a webpage and other income to be prescribed in a Ministerial Regulation derived by a foreign company operating an e-commerce business will be subject to withholding tax at the rate of 15%.
In January of 2018, a draft VAT bill proposed bringing foreign operators under the Thai VAT umbrella. The draft bill is aimed at “foreign e-business operators” who provide services through a foreign-based digital platform (or electronic medium) for use by non-VAT registered recipients in Thailand.
The draft bill proposes that affected foreign businesses would have to register for VAT in Thailand if the business provides services electronically to consumers based in Thailand.
3. GCC (Gulf Cooperation Council)
The six members of the Gulf Cooperation Council (GCC) plan to introduce a VAT system in January 2018. The six member states of the GCC are Saudi Arabia, Kuwait, the United Arab Emirates (UAE), Qatar, Bahrain, and Oman.
As mentioned in our introduction, on January 1, 2018, Saudi Arabia and the UAE both implemented a new VAT system. It is expected that remaining four member states of the GCC will follow during 2018 and early 2019.
The introduction of a VAT system in each of the GCC member states is an opportunity for innovation. These States have a chance to design systems from scratch to tax the digital economy. And this is what they are doing.
The place of consumption rules will apply as per the recently revealed GCC framework agreement. Taxamo understands that there will be no threshold and that the VAT registration process must take place via a local tax agent.
An October 2017 Brazilian State Agreement (Convênio ICMS 106⁄2017) has revealed plans to tax digital services – e.g. games, streaming services, music and image downloads, etc — via the State tax mechanism (ICMS).
ICMS is a state tax applied in Brazil’s federal states to the supply of goods and services. The ICMS rate also varies from State-to-State, of which there are 27 (the Federal District and 26 federal states). The standard rate is 17% but is 18% in some states and 19% in others.
In late October 2017 it was revealed that non-residents supplying digital services – such as streaming and music downloads – to Argentina-based consumers will be subject to a 21% tax from a provisional start date of 2019.
According to local news reports the Federal Public Revenue Administration (AFIP) in Argentina will start charging taxes through credit cards to digital service platforms. Affected platforms will include the likes of Netflix, Spotify, and Airbnb.
More here on our dedicated Argentina blog.
Bangladesh was on the verge of extending its VAT system to digital services supplied by non-resident companies on July 1, 2017. The new rules actually went live before a series of internal political issues arose and the rules were halted.
Here at Taxamo we have been following developments in Bangladesh very closely.
You can learn more about what happened and what is planned here.
Major tax reform is on the agenda in the Philippines with the taxation of foreign-supplied digital services firmly in the sights of the tax authority there.
Since 2016 Philippines Bureau of Internal Revenue (BIR) has been drawing up plans aimed at taxing the digital economy.
One of the points of focus for the Philippine tax authorities are companies that sell services via social media sites such as Facebook and Instagram. The services covered in any potential piece of legislation would attract value-added tax (VAT), the current VAT rate in the Philippines is 12%.
The place of consumption rule is already in place in Vietnam. However, VAT is withheld at source by the Vietnamese party to the contract. This applies unless the foreign contractor has registered for tax purposes in Vietnam.
Vietnam is also assessing its options in relation to extending taxation of the digital economy. The Vietnamese Government has already stated that they back the OECD’s BEPS proposals and their next step is to choose their approach.
According to various reports the Vietnamese tax agency is liaising with other entities, such as banks, so as to obtain information about unreported transactions by non-resident digital companies. The target of this particular move are social media sites and messaging services.
An internal government document revealed in January 2017 raises the possibility of a Canadian sales tax on foreign-supplied digital services. This is different from a previous Canadian plan to add a levy on content, such as Netflix, to protect native streaming content.
The 2017 government document — as reported by CBC — stated that the lack of such a tax “not only represents a significant loss of potential tax revenue for government, but it can also place domestic digital suppliers at an unfair competitive disadvantage.”
This mirrors the reasoning behind introducing such rules, and it is reflected in moves by tax authorities across the globe. These implementations are an attempt by native tax authorities to level the playing field between foreign and domestic digital service suppliers.
An August 2017 report from respected Canadian think-tank, the C.D. Howe Institute, has recommended that Canada amend its Excise Tax Act to apply to businesses that supply digital goods and service for consumption within Canada.
For more detail on this report click here.
In a significant move, revealed in early April 2016, the Israeli Tax Authority (ITA) proposed to change its VAT legislation so that foreign tech firms have to register in Israel to account for VAT on digital services sold to Israeli consumers.
The key change from the ITA is to the definition of ‘permanent establishment’ to now include online businesses, where the economic activity of the foreign digital service supplier is via the internet.
Some background: On March 13, 2016, the ITA revealed draft legislation covering inbound eCommerce and digital services supplied to Israeli residents.
According to Globes, an Israeli business website, the draft legislation states that “a foreign resident who provides a digital service or operates an online store through which a digital service is provided will have to register as a business in Israel in a special register that will be maintained for the purpose, and will also be obliged to file a report with the Tax Authority attached to the tax payment that arises from it. The report will state the total price of transactions in the reporting period and the VAT due on them, and the Tax Authority director will be entitled to issue a tax demand to the foreign resident if the report submitted turns out to be incorrect.”
Rules governing the cross-border supply of digital services from a non-resident company to residents in Colombia are already been introduced.
Colombia is now looking at ways to enforce these rules. The Colombia rules that were introduced on January 1, 2017, differ slightly from other examples as they intend to target the payment service provider (PSP) of the digital service supplier.
In the case of B2C supplies from a non-resident company to a Colombian resident this means that credit and debit card issuers and other payment processors may have to withhold Colombian VAT before payment is made from the resident to the supplier. The rules will not apply until January 1, 2018.
Malaysia looks set to become the latest tax jurisdiction to seek a levelling of the playing field between traditional and digital businesses by amending their GST system to tax foreign-supplied digital services.
In mid-September 2017 Royal Malaysian Customs Department director-general Datuk Seri Subromaniam Tholasy told reporters after a GST conference in Malaysia that:
“We are amending a few of the tax laws, especially with regard to the GST to collect taxes from foreign companies that offer digital services in Malaysia. Taxes from the digital economy… we can easily collect a couple of billions of ringgit (MYR). It runs into several billions. Nobody knows how big the monster is out there. Once we amend the law and look into the details we would know for sure.”
The Malaysia budget in October 2017 did not introduce any changes to its GST system, to extend to cover digital supplies from foreign-based companies. However, there is an expectation that there will be developments in the near future.
More here on our dedicated Malaysia blog.
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