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White Rose Research Online
Part of book or chapter of book . 2016
SSRN Electronic Journal
Article . 2016 . Peer-reviewed
Data sources: Crossref
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Permanent Establishments in Indirect Taxation

Authors: De La Feria, R;

Permanent Establishments in Indirect Taxation

Abstract

Similarly to the significant of the concept of permanent establishment (PE) for the purpose of income taxes rules, the relevance of the concept of fixed establishment (FE) for the VAT rules can hardly be overestimated. The term plays a central role, and is consistently relied upon by the legislator, for both determining the place of supply of services in VAT, and to establish the right to VAT refund, where tax is incurred in a country other than that where the business is established. Yet, despite its significance, the term is far from clear, and in recent years the debate over its definition and scope, primarily in the context of new, globalised, economic realities, and the development of the digital economy, has intensified. The aim of this chapter is to shed light over the meaning and significance of the concept of FE for VAT purposes. It will focus first on the meaning and significance of the concept from the perspective of European VAT legislation and the jurisprudence of the Court of Justice of the European Union (CJEU). It will then discuss current challenges to the current law posed by new economic realities, discrepant application of the FE criterion at national level, and its links to the PE concept. It is argued that the case law of the CJEU highlights the challenges posed by both globalisation, and digitalisation of the world economy, and that whilst it provides short-term relief to these challenges, dealing with them on a longer term basis will require re-assessment of established jurisprudence. It considers some of the key decisions on FE by national courts, concluding that whilst a unified concept of secondary establishment for the purposes of income tax and VAT is desirable, at present equating PE to FE would likely give rise to double taxation within VAT.

Country
United Kingdom
Keywords

International Taxation, VAT, Tax

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average