Tax Authorities Going Digital - cc.lu · TBC (2018) Slovenia SAFT Compliant July - 17 Hungary...

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The better the question. The better the answer . The better the world works. Tax Authorities Going Digital 05 May 2017

Transcript of Tax Authorities Going Digital - cc.lu · TBC (2018) Slovenia SAFT Compliant July - 17 Hungary...

The better the question. The better the answer�.The better the world works.

Tax Authorities Going Digital05 May 2017

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Agenda

► Digitalization of Tax Audit

► Preparation for a FAIA based audit

► VAT implications

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Digitalization of Tax Audit

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Digitalization of tax audit

► Clear trend towards digitalization worldwide:

► e-filing considerably eases processing of VAT returns for taxadministrations and makes administration faster and moreefficient;

► having electronic data enables tax administrations to use IT-basedaudit tools more easily, which can help to combat fraud andevasion;

► most taxpayers can also benefit from increased efficiencies arisingfrom e-filing and tax administrations’ increased audit capacities

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Digital tax administration life cycle

Level 1 Level 2

Para

digm

shift

Level 3 Level 4

Dis

rupt

ive

Level 5

“E-file” “E-accounting”

“E-match” “E-audit” “E-assess”

Use ofstandardizedelectronic formfor filing taxreturns requiredor optional;other incomedata (e.g.,payroll, financial)filed electronicallyand matchedannually

Submitaccounting orother source datato support filings(e.g., invoices,trial balances) ina definedelectronic formatto a definedtimetable;frequent additionsand changes atthis level

Submit additionalaccounting andsource data;governmentaccessesadditional data(bankstatements),begins to matchdata across taxtypes andpotentially acrosstaxpayers andjurisdictions inreal time

L2 data analyzedby governmententities andcross-checked tofilings in real-timeto map thegeographiceconomicecosystem;taxpayersreceivingelectronic auditassessments withlimited time torespond

Governmententities usingsubmitted data toassess taxwithout the needfor tax forms;taxpayersallowed a limitedtime to auditgovernment-calculated tax

Note: Not all governments collect the same information or treat it the same under this model. Further, the move to digitization is notnecessarily linear.

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Digital Tax Administration for CertainCountries

Brazil

China

Mexico

USA

UK

Australia

Mexican Tax Authorities haveadvanced digital requirementsenabling it to carryout E-audits

US tax authorities have targeted taxrequirements around certain filing types

UK is undergoing a major initiative to maketax digital by 2020 whereby a need for taxreturns might be eliminated

Brazil has detailed digital taxrequirements including a publicdigital bookkeeping system directlythrough the tax authority

China initiated a “1000 AccountsPlan” to accelerate its digital taxjourney by focusing on largeenterprises.

Australian tax authority isundergoing an initiative to developadvanced analytics capability toanalyze submissions.

Digitizationlevel Level 1 – E-file Level 2 – E-

accounting Level 3 – E-match Level 4 – E-audit Level 5 – E-assess

Poland is in the process of implementing a broad-based ‘e-Taxes’ programthat will impact client’s digital filing and reporting requirementsPoland

Portugal

Portugal is following global and regionalorganization including EU and OECD intheir approach to digital taxadministration.

Argentina

Peru

Colombia

RussiaLuxembourg

Luxembourg requires submission of digital accounting/financial records under SAF-T (FAIA) upon request

France

Chile

France requires financial data underSAF-T (FEC) for audit purposes andalso has mandatory BTG e-invoicing

Austria Austria requires accounting records underSAF-T and mandatory e-invoicing

Norway

Norway is following EU’s path to digitization –requiring accounting records under SAF-T andmandatory e-invoicing

Lithuania

Lithuania requires of digital VAT and transport recordsin addition accounting under SAF-T upon request

Germany

Germany requires electronic accountingdata as well as tax balance sheets

Colombia is making a move to requiree-invoicing from tax payers

Peru requires accounting records and e-Invoicing to be submitted to the tax authority

Chile requires accounting data to bemaintained and access to taxpayer ERPsystems for audits

Argentina requires e-Invoicing fromtaxpayers and does analytics oninvoices submitted

Russia has been in the process of modernizing and digitizing itstax administration since 2010: requiring detailed data on VAT andtransfer pricing. It is also an active member of OECD.

SouthKorea South Korea has an ‘e-Tax’ initiative

implemented a Tax Integrated System (TIS)that requires submission of transactional dataincluding electronic invoices which is matchedagainst taxes paid

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Different Types of Digital Submission

Type Submission Filing threshold

SAF-T (StandardAudit File for Tax)

Submission can occur either through a direct interface(a configured open proxy) between the ERP systemand the tax authority, or through an upload of thecorrectly formatted ERP generated data to the taxauthority portal.

Mainly companies that are based in thecountry, but depending on therequirement.

Spain SII (SII-SuministroInmediato deInformación)

Submission can occur either through a direct interfacemodule between the ERP system and that of the taxauthority, or through an upload of the ERP generateddata to the tax authority portal in the accepted format.

Companies with annual turnover of over€6 million.

Hungary (AuditFunction)

Submit sales invoices directly to the Hungarian TaxAuthority (directly from ERP system).

Companies who hold a Hungarian VATnumber and issue B2B invoices on whichat least HUF 100,000 (approximatelyEUR 320) VAT is charged.

General data suchas Intrastat, ECSL,VAT returns etc.E-InvoicingBEPS Country byCountry Reports,Direct TaxReturns

Submission can be directly via ERP system, add-onsuch as tax compliance software or direct upload tothe tax authority portal, depending on countryBoth direct as well as indirect tax filings can berequired to be submitted digitally

Varies depending on country

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SAFT Overview

Ø SAFT (Standard Audit File for Tax purposes) is an internationalstandard for electronic exchange of reliable accountingdata from organizations to the national tax authority or externalauditors. The standard is defined by the Organisation forEconomic Co-operation and Development (OECD).

Ø The format recognised by OECD is XML format

Ø The aim of SAFT is to simplify tax compliance and tax auditrequirements as it relates to information required for taxpurposes from business and accounting system

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SAFT Overview – in the EU

Tax Authorities Going Digital

► The European Commission is looking to develop an EU SAF-T,along the lines of what is already in force or under developmentin certain Member States. The aim is to both facilitate ongoingcompliance by taxpayers and allow tax administrations to carryout more effective tax audits.

► A pilot project is currently under development in the specificcontext of the MOSS for telecommunications, broadcasting andelectronic services, and further developments may be expectedto follow.

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SAFT Overview – Timeline

Amended SAFTGuidance papersissued by OECD

Apr-10 Jul-16

PolandSAFT Compliant

FranceMandatory electronic filing of

audit files

Jan-14

PortugalSAFT Compliant

Jan-13Jan-12

LuxembourgSAFT Compliant

AustriaSAFT Compliant

Jan-09

SAFTGuidance

papers issuedby OECD

May-05

GTCBAS May2005.pdf

SAFT April2010.pdf

Romania(XML file, but not

SAFT)

Oct-16

Spain(Immediate informationsharing system in XML,

but not SAFT)

Lithuaniai.MAS

TBCJan-16

HungaryAudit Function – VAT

Invoices

NorwaySAFT Compliant

TBC (2018)

SloveniaSAFT Compliant

July - 17

HungarySubmission of invoices in

XML format

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Preparation for a FAIA based audit

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Seven leading practices for preparing e-audits

1. Identify the required data

Ø The information needed for most e-audits includes details fromcustomer, supplier and product databases. Also one shouldn’tforget items such as the algorithm for attributing VAT codes andother VAT internal procedure.

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Seven leading practices for preparing e-audits

2. Determine which details are requiredØ How and when do the tax authorities require the data?=> FAIA is on a calendar year basis

3. Collaborate across your businessØ The data consists of large amounts of accounting and

management information, spread throughout the ERP or ITsystems. In most organizations, designing effective systemsand processes to collect, store and retrieve the VATinformation needed for an e-audit means involving severalspecialist functions, including tax, finance and IT.

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Seven leading practices for preparing e-audits

4. Create a methodology for storing your data

Ø Also consider the fact that data storage periods differ fromcountry to country — as do the rules related to how and whereyou may store data (for example, online or on paper).

Ø What are the best ways for you to store data long term? Is thesolution sustainable and cost-effective?

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Seven leading practices for preparing e-audits

5. Establish how to retrieve and deliver your data

Ø You must be able to retrieve the data requested on time and inthe right format. You may need to identify specific tools for largedata sets.

Ø Delays in producing it can cause disruption, and even penaltiesand fines.

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Seven leading practices for preparing e-audits

6. Understand the checks that e-auditors apply

Ø What are the tax authorities likely to look for in your data? Doyou know what they might find? Anticipate the outcome of an e-audit by examining the VAT data that the tax auditors will begiven, using the same tools.

Ø By conducting an internal audit before an e-audit is announced,you may avoid unexpected tax adjustments and reduce or evenavoid tax penalties.

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Seven leading practices for preparing e-audits

7. Use e-audit techniques to manage VAT better

Ø Improve your ongoing VAT compliance by using data analyticssoftware and validations. Incorporating these checks into yourregular VAT control processes can greatly reduce tax risk byallowing you to remedy errors and weaknesses as they occur.

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EY approaches for different types ofbusinesses

Businesses withhighly customised

ERP systems

• Assistance withthe customisationof their own ERPsystem

Businesses usinglocal software andwilling to make the

changesthemselves

• Assistance byproviding a list ofkey informationthey need in orderto have the formcorrectlypopulated andtranslate taxrequirements intoIT requirements

Businessesoutsourcing theirVAT compliance

• Assistance withthe list of dataneeded in theirsystem so theycan provide EYwith the requiredinformation topopulate the FAIA

• Assistance in theproduction of theVAT returnsbased on FAIA

IT firms providinglocal ERP

solutions to localbusinesses

• Assistance to ITfirms to updatetheir software toprovide solutionsto theircustomers

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VAT Implications

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VAT Implications

► According to Grand Ducal Decree dated December 21st 1979laying down accounting rules for VAT purposes, the accountingentries should be done in such a way that the elementsnecessary to compute the VAT are non ambiguous and easy tocontrol

• On the income side, the following should be distinguished :• Amounts subject to VAT regrouped according to the applicable VAT rate• Amounts not subject to VAT regrouped according to the reason of the non

application of VAT• The VAT can be booked without distinction per VAT rate

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VAT Implications

• On the charge side, the following should be distinguishedaccording to whether the transaction qualifies as purchase ofgoods/services or as importation of goods. Within thesesections,• Amounts subject to VAT regrouped according to the applicable VAT rate• Amounts not subject to VAT regrouped according to the reason of the non

application of VAT• The VAT can be booked without distinction per VAT rate• A distinction between importation for business purposes and importation

for private purposes is required• An additional distinction has to be made between the transactions for

which VAT is deductible, not deductible or partially deductible

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VAT Implications

► The proper use of VAT codes allows to :

► Automate the processing of VAT reports► Perform quick plausibility check of figures on a periodical basis► Quick reconciliation between the accounting and the VAT returns► Clear distinction between transactions exempt and transactions outside

the scope of VAT► Ease the processing of data analytics

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ANY QUESTIONS ?

THANK YOU,

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Contacts Details

Yannick ZeippenEmail Address: [email protected] Number: +352 42 124 7362

Johan KristenssonEmail Address: [email protected] Number: +352 42 124 7006

Patrick ThillEmail Address: [email protected] Number: +352 42 124 7539

9 February 2017 EY Tax Club : VAT update

Tax Authorities Going Digital

The information in this presentation is intended toprovide only a general outline of the subjectscovered. It should not be regarded ascomprehensive or sufficient for making decisions,nor does it replace professional advice.Accordingly, Ernst & Young Tax Advisory ServicesLuxembourg S.à r.l. accepts no responsibility forloss arising from any action taken or not taken byanyone using this information. The informationherein will have been supplemented byexplanations arising from any oral presentation byus and should be considered in the light of thisadditional information. If you require any furtherinformation or explanations, or specific advice,please contact us and we will be happy to discussmatters further.