Poland introduced the split payment mechanism in 2019.
The split payment mechanism is where VAT is not paid together with the net amount into the applicable bank account. Rather, the VAT is placed into a separate dedicated bank account for the VAT.
In November 2019, Tungsten Network enabled a feature allowing suppliers to indicate whether the invoice is subject to the split payment mechanism in Poland.
The European Commission had granted Poland the right to mandate split payments until the end of February 2022. However, the European Commission has granted permission to extend the split payment mechanism beyond 1st March 2022, for a period of 3 years.
In many respects, the split payment mechanism has the same underlying aims as the upcoming Polish e-invoicing mandate- to reduce the VAT gap, as the mechanism provides a means of certainty that the VAT has been paid. The extension of the split payment mechanism therefore serves to further reduce the VAT gap in Poland.
Compliance Category: Información de la normativa
Back in 2018, Australia and New Zealand government signed the Trans-Tasman Electronic Invoicing Arrangement, with the objective to create and maintain a common Australia and New Zealand e-invoicing approach, so to improve invoicing productivity and reduce the costs of doing business for both governments. One year later, it was officially announced that both governments will adopt PEPPOL standards in the e-invoicing implementation.
Following Australia’s lead, New Zealand has also made the first step towards mandating B2G e-invoicing. Starting from March 31, 2022, large businesses and government organizations must begin receiving PEPPOL e-invoices in New Zealand. To exchange e-invoices between suppliers and buyers, businesses must have a PEPPOL access point and a New Zealand Business Number (NZBN). The invoice format should follow PEPPOL XML standard (PEPPOL BIS Billing 3.0) and must be archived for 7 years.
According to the New Zealand government, the country would save approximately $4.4 billion by implementing e-invoicing in business-to-business over the next decade. Therefore, the government is attracting Small-Medium businesses to use PEPPOL e-invoicing by offering a 10-day payment term for all e-invoices.
The new CFDI version 4.0, which is intended to replace CFDI version 3.3, was due to become mandatory on 1 May 2022.
The tax administration in Mexico, Servicio de Administracion Tributaria (SAT) subsequently announced that the mandatory usage of CFDI 4.0 was delayed again by a further 2 months, to become mandatory as of 30 June 2022. However, more recently on 9 March 2022, the Mexican Tax Administration issued a press release indicating that the transitional period has been further extended up until 30 September 2022. This extension also applies to version 2.0 of the withholding and payment information in respect of the CFDI. The usage of these documents continues to be optional up until 30 September 2022.
This delay affords many companies with much needed time to adjust to the new changes. This extension also applies to version 2.0 of the withholding and payment information in respect of the CFDI.
Tungsten Network is reviewing its own implementation plans to accommodate the new CFDI version 4.0 considering the revised timeframes.
Many countries are working towards achieving a more efficient and streamlined VAT process and reducing tax fraud. Ireland is no exception- the European Commission has recently put Ireland’s tax gap at 1.7 billion Euros.
To this effect, Ireland is currently reviewing plans to implement e-invoicing and e-reporting in the country.
The Irish Revenue has indicated that it will draw inspiration from e-invoicing models in other countries.
Plans to implement e-invoicing are in their infancy at the moment, but Tungsten will monitor any developments in Ireland and keep you informed to this effect.
Spain has firmly communicated its intentions to overhaul its e-invoicing system significantly via the publication of a draft resolution published on 21 February 2022. This comes alongside the backdrop of an incentive to modernise the computer programs that support the accounting, billing and management of businesses across the country.
Amongst the new requirements being proposed by the Spanish Ministry of Finance is the obligation to include QR codes and ID codes in Spanish invoices.
The draft resolution does not specifically refer to B2B e-invoicing. A draft resolution to this effect was published in the summer of 2021 which extends the obligation for e-invoicing to all companies and freelancers in Spain.
Both resolutions serve to illustrate the extent of the e-invoicing developments we can expect to see in Spain in the coming months, as Spain proposes to expand the scope of entities subject to mandatory e-invoicing, as well as introducing radical changes to the content of the invoice as well. It is no coincidence that these resolutions have been published relatively close together, underlining Spain’s motivation to harmonise its VAT-related operations and adopt a robust e-invoicing process.
The Swedish Tax Agency is reviewing its VAT-related processes with a means of digitising these, for the creation of a more automated, streamlined and effective process. It is expected that relevant stakeholders in the country will convene to discuss the issue in the next few months. Specific areas which are being considered are:
• VAT listings
• SAF-T
• Continuous Transaction Controls (CTC)- Governments introduce CTCs to more effectively counter tax fraud and increase revenue. As part of introducing CTCs in their mandates, governments often require invoice data to be sent to tax authorities in real-time or require invoices to be cleared by the government before they are paid;
• Real-time invoice reporting
• Mandatory invoicing
Tungsten Network is interested in developments relating to e-invoicing in Sweden. We are monitoring these developments and will keep you updated.
B2G e-invoicing regulations are already in place for multiple regions in Belgium (Brussels, Flanders and Wallonia). B2G e-invoicing will now be extended to the suppliers of all public entities in all regions across the country. The obligations will be implemented in a phased approach, based on the size of public contracts.
The Belgian government has approved a royal draft decree to this effect. This draft law has not yet become law so the proposed dates are provisional, however, it is expected that by September 2023 the obligation will extend to all public contracts, irrespective of the value of the public contact.
It is however expected that contracts below 3000 Euros will be exempt from the obligation to use e-invoicing.
The tax administration in Paraguay (SET) have issued some revised timeframes around e-invoicing in the country. Resolution 105/2021 replaces the former resolution 95/2021, outlining a new proposed schedule.
Paraguay aims to implement the e-invoicing mandate in a phased approach, incorporating ten stages, using the National Integrated System of Electronic Invoicing.
The new resolution has outlined some key dates:
• 1st July 2022- the mandate is expected to start for certain sectors (such as specific retailers, and other businesses who had already been deploying e-invoicing);
• 1st October 2024- the last group of taxpayers will take up mandatory e-invoicing;
• 1st April 2022- voluntary e-invoicing becomes possible.
The timeframes demonstrate Paraguay’s intention to implement e-invoicing across the country over a period of 2 years, allowing affected entities to gradually transition to the new e-invoicing system.
The Paraguay tax authorities aim to keep taxpayers informed as to when they should start e-invoicing, via a fiscal mailbox and the SET website.
The Central Board of Indirect Taxes & Customs (CBIC) of India recently issued a notification (01/2022) lowering the threshold for mandatory e-invoicing under Goods and Services Tax (GST).
As of present, e-invoicing is mandated for all taxpayers whose annual revenue is ₹50 crore or above. From 1st April 2022, the revenue threshold for mandatory e-invoicing will be reduced to ₹20 crore. By extending the scope of e-invoicing, the government is expected to enhance tax compliance among small businesses in the country.
Zakat, Tax and Customs Authority (ZATCA) published a further announcement on its official website on 30 January 2022 regarding penalties for VAT violations. Below is a summary of the key changes:
- When field violations are committed, ZATCA will issue a notice the taxpayers without issuing any penalties. However, if violation continues after the first notice, a fine of 1000 SAR will be imposed and the amount will increase gradually for further violations.
- Granting the violator an appropriate period of three months to correct the violation.
- Twelve months is the cut-off limit for a non-recurring violation by the violating taxpayer, provided that the violation is treated and not committed again within the twelve months.
- This decision will take effect from January 30, 2022.
In addition, ZATCA published a simplified guide providing more information on the reclassification of VAT violations and examples relevant in every use case.
The Greek MyData platform went live in October 2021 as a mandatory tax reporting requirement, driven by the need to combat VAT fraud.
The Greek government is striving for enhanced automation of the MyData system. Most Greek businesses will now receive any VAT rebates automatically in a shorter period of time- without the need for tax officials to be involved in the process.
There will be a few exceptions- such as companies with repeated past violations, or high-value rebates- which will need to be subject to additional monitoring. However, this shows the Greek Government’s intention to streamline the VAT rebate process and create a more automated MyData platform- resulting in increased convenience for customers and a more customer-friendly solution.
Specific reporting obligations for digital platform operators have been in place since 2021. These obligations request that digital operators inform service providers active on the applicable platform of their fiscal and social obligations. Digital operators also need to send to both the tax authorities and service providers information relating to the type of service rendered and any relevant amounts.
The Belgian Tax Authorities have recently published FQAs clarifying the scope of these reporting obligations. The first reporting deadline is as soon as 31 March 2022, and it is advisable that any affected digital operators refer to this for clarification of the legislation and their responsibilities.
We’ve seen in other countries such as Poland that the European Commission derogation is imperative to keep upcoming e-invoicing mandates on track.
On 17 January 2022, the European Commission granted France permission to mandate e-invoicing, through derogating from Articles 218 and 232 of Directive 2006/112/EC.
The Directive states that paper invoices must be used unless both the seller and customer agree to use e-invoicing- so the derogation is a requirement for any e-invoicing mandate implementation plans.
Further to the updated technical specifications being released in France, the French government has also published associated updated FAQs on its website.
Following the publication of the ordinance on 15 September 2021 and the first version of the technical specifications regarding the upcoming B2B e-invoicing mandate in France, a new version was published on 30 December 2021. The updated version included the following new elements:
• Addition of e-reporting formats
• Addition of supplements on specific use cases
• Feedback from publishers / companies following the first version of the technical specifications.
The updated version of the technical specifications also includes the following annexes:
• Annexe 1 – Format sémantique B2B e-invoicing – Flux 1&2 (.xls)
• Annexe 2 – Format sémantique B2B CDV (.xls)
• Annexe 3 – Format sémantique B2B annuaire (.xls)
• Annexe 4 – Format sémantique B2B ereporting flux 8 (.xls)
• Annexe 5 – Format sémantique B2B ereporting flux 9 (.xls)
• Annexe 6 – Format sémantique B2B ereporting flux 10 (.xls)
• Annexe 7 – Règles de gestion (.xls)
The updated technical specifications also include further information in relation to the date of assessment for the size of a company. These documents can be obtained via the following here.
We previously advised that the Carta Porte- a new transportation note that forms part of the CFDI- is mandatory to use from 1st January 2022. Tungsten can successfully process the new version.
Even though this is mandatory to use from 1st January 2022 (with the exception of certain foreign trade transactions, for which this is not mandatory until 31 March 2022), the Mexican tax authorities issued a statement on 24 December 2021 indicating a transition period from 1st January 2022 to 31 March 2022, where e-invoices can be corrected without being subject to penalties.
Mexico has also made it easier for domestic traders that perform exports under 30 kilometres on federal highways by ‘light load vehicles’- taxpayers falling under this scope will not need to complete the Carta Porte 2.0.
Our local partner Buzone has prepared a webinar which provides useful information around the Carta Porte, including error codes relating to the new version.