Sales tax, tariffs and customs duties Books

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars.Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike.Key features include: Concise and compact overview of the CISG Includes contemporary developments Provides a theoretical basis for evaluating international sales law Considers perspectives of economic analysis of law. Trade ReviewThe CISG's significance lies as much in the advances it has generated in understanding the legal challenges and opportunities presented by a genuinely global economy as in its direct impact on world trade. The Advanced Introduction to International Sales Law is a superb example of this phenomenon. Professor Gillette, a master of the law and economics perspective, raises fundamental questions about the purposes and success of the CISG, and then rigorously deploys those questions throughout the volume to elucidate and evaluate the substantive provisions of this broadly-accepted treaty. The result is an essential tool for those who seek a sophisticated introduction to the CISG, and a must-read for all those engaged in the search for the best approaches to the legal challenges presented by international trade. --Harry Flechtner, University of Pittsburgh, School of LawThis is a stimulating short treatment of the CISG written by a leading authority on the subject. It usefully reminds us of the purpose that should be served by legislation of this type - the setting of default standards that abbreviate the negotiating process that should otherwise have led to those same standards. By pointing to the merits of competition between legal systems and instruments, it is also a timely response to uncritical exponents of uniform law. --Michael Bridge, London School of Economics, UKA must-have for CISG scholars and practitioners that offers a unique perspective on the CISG, in that it analyzes the CISG's provisions in light of whether they mirror the legal rules international actors would choose for themselves --Franco Ferrari, New York University, School of LawTable of ContentsContents: 1. Why Uniform International Commercial Law? 2. The Scope of the CISG 3. Contract Formation and Terms 4. Interpretation 5. Performance 6. Risk of Loss 7. Exemption 8. Remedies for Breach Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars.Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike.Key features include: Concise and compact overview of the CISG Includes contemporary developments Provides a theoretical basis for evaluating international sales law Considers perspectives of economic analysis of law. Trade ReviewThe CISG's significance lies as much in the advances it has generated in understanding the legal challenges and opportunities presented by a genuinely global economy as in its direct impact on world trade. The Advanced Introduction to International Sales Law is a superb example of this phenomenon. Professor Gillette, a master of the law and economics perspective, raises fundamental questions about the purposes and success of the CISG, and then rigorously deploys those questions throughout the volume to elucidate and evaluate the substantive provisions of this broadly-accepted treaty. The result is an essential tool for those who seek a sophisticated introduction to the CISG, and a must-read for all those engaged in the search for the best approaches to the legal challenges presented by international trade. --Harry Flechtner, University of Pittsburgh, School of LawThis is a stimulating short treatment of the CISG written by a leading authority on the subject. It usefully reminds us of the purpose that should be served by legislation of this type - the setting of default standards that abbreviate the negotiating process that should otherwise have led to those same standards. By pointing to the merits of competition between legal systems and instruments, it is also a timely response to uncritical exponents of uniform law. --Michael Bridge, London School of Economics, UKA must-have for CISG scholars and practitioners that offers a unique perspective on the CISG, in that it analyzes the CISG's provisions in light of whether they mirror the legal rules international actors would choose for themselves --Franco Ferrari, New York University, School of LawTable of ContentsContents: 1. Why Uniform International Commercial Law? 2. The Scope of the CISG 3. Contract Formation and Terms 4. Interpretation 5. Performance 6. Risk of Loss 7. Exemption 8. Remedies for Breach Index

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Book SynopsisFifty years on from the introduction of Value Added Tax (VAT) across the European Union and its Member States, this comprehensive book provides a practical commentary on, and analysis of, the harmonised system of VAT in the EU. This meticulously researched reference work not only analyses legislation and case law, but also examines them in the broader context of the operation of EU law. Written by a team of expert practitioners led by KPE Lasok QC, an authority on European law with extensive practical experience of VAT and Customs cases, this book includes a detailed discussion of the relevant case law of the Court of Justice of the European Union, considering cases critically with a view to identifying underlying trends and principles. Key features include: consideration of the broader context in which EU law operates comprehensive, simultaneous analysis of legislation and case law critical examination of principles underpinning relevant case law a definitive exposition of the present state of the harmonised EU VAT system. EU Value Added Tax Law will prove to be an indispensable source of practical knowledge and background information for tax practitioners advising clients and in-house tax advisers assisting their employers in relation to VAT in the EU, as well as officials of tax authorities in EU Member States. Academics researching or teaching VAT will also find this book's detailed and critical coverage invaluable. Contributors include: S. Black, E. Hellier, T. Lall, KPE Lasok, H.L. McCarthyTable of ContentsContents: Preface PART I GENERAL PRINCIPLES OF VAT 1. Nature and origins of Value Added Tax 2 KPE Lasok QC 2. The interrelationship between EU and national VAT legislation 38 KPE Lasok QC 3. Field of application of VAT 117 KPE Lasok QC PART II THE INTERNAL SYSTEM 4. Taxable persons 129 KPE Lasok QC 5. Taxable transactions 174 KPE Lasok QC 6. The place of taxable transactions 238 KPE Lasok QC 7. Chargeable event and chargeability of tax 296 KPE Lasok QC 8. Taxable amount 310 Tarlochan Lall 9. Rates of tax 367 KPE Lasok QC 10. Exemptions 384 KPE Lasok QC 11. Input tax deduction 452 KPE Lasok QC PART III TAXATION OF INTRA-COMMUNITY AND EXPORT TRADE 12. Intra-Community trade in goods 542 Tarlochan Lall 13. Intra-Community trade in services 597 Tarlochan Lall 14. Supplies outside the EU 655 Tarlochan Lall 15. VAT and EU customs duty 679 Tarlochan Lall PART IV SPECIAL SECTORS 16. Special schemes 718 KPE Lasok QC 17. Simplification measures 799 KPE Lasok QC 18. Immovable property 809 Tarlochan Lall 19. Financial services and insurance 868 KPE Lasok QC 20. Charities and local authorities 919 Hui Ling McCarthy QC and Edward Hellier 21. Internet transactions, telecommunications 942 Hui Ling McCarthy QC and Sarah Black PART V ACCOUNTING AND ENFORCEMENT 22. Accounting for VAT 1007 KPE Lasok QC 23. Administrative cooperation between taxing authorities 1050 KPE Lasok QC Index 1097

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Book SynopsisThis authoritative research review presents and discusses carefully selected scholarly articles that describe and examine the principles of international sales law, as set forth in the United Nations Convention on Contracts for the International Sale of Goods (CISG). These seminal pieces reflect various viewpoints of authors from different countries and legal systems, and offer a range of distinct methodological approaches to legal analysis. The review is an invaluable source of reference, providing the reader with both an international and an interdisciplinary perspective on the CISG and its application.Trade Review‘Taking a complete and accurate approach to the subject, this collection provides an exhaustive picture of the law relating to the international import/export contracts applicable to world trade. Adopting a comparative stance, these volumes give the reader a comprehensive understanding of the worldwide legal approach toward the CISG, and provide a valuable guide to the understanding of both the application and the interpretation of that law, thus being a must-read not only for students, but also for practitioners and researchers studying and working in the field of international sales law.’ -- Francesco Cortesi, Judge, Italian Supreme CourtTable of ContentsContents: Foreword Symeon C. Symeonides Introduction Franco Ferrari and Clayton P. Gillette PART I INTRODUCTION: THE CISG AND THE UNIFICATION OF LAW 1. Clayton P. Gillette and Robert E. Scott (2005), ‘The Political Economy of International Sales Law’, International Review of Law and Economics, 25 (3), September, 446–86 2. Peter H. Schlechtriem (2008), ’25 Years of the CISG: An International Lingua Franca for Drafting Uniform Laws, Legal Principles, Domestic Legislation and Transnational Contracts’, in Harry M. Flechtner, Ronald A. Brand and Mark S. Walter (eds), Drafting Contracts Under the CISG, Part III, Chapter 7, New York, NY, USA: Oxford University Press, 167–87 3. James E. Bailey (1999), ‘Facing the Truth: Seeing the Convention on Contracts for the International Sale of Goods as an Obstacle to a Uniform Law of International Sales’, Cornell International Law Journal, 32 (2), February, 273–317 PART II SPHERE OF APPLICATION: WHEN DOES THE CISG APPLY 4. Franco Ferrari (2012–2013), ‘PIL and CISG: Friends or Foes?’, Journal of Law and Commerce, 31, 45–107 5. Joseph Lookofsky (2011), ‘Not Running Wild with the CISG’, Journal of Law and Commerce, 29 (2), Spring, 141–169 6. Lisa Spagnolo (2011), ‘Iura Novit Curia and the CISG: Resolution of the Faux Procedural Black Hole’, in Ingeborg Schwenzer and Lisa Spagnolo (eds), Towards Uniformity: The 2nd Annual MAA Schlechtriem CISG Conference: International Commerce and Arbitration, The Hague, the Netherlands: Eleven International Publishing, 181–221 PART III ISSUES EXCLUDED FROM THE CISG 7. Patrick C. Leyens (2005), ‘CISG and Mistake: Uniform Law vs. Domestic Law: The Interpretative Challenge of Mistake and the Validity Loophole’, in Pace International Law Review (ed.), Review of the Convention on Contracts for International Sale of Goods (CISG) 2003–2004, Part I, Munich, Germany: Sellier European Law Publishers, 3–51 8. Franco Ferrari (2007), ‘The Interaction between the United Nations Convention on Contracts for the International Sale of Goods and Domestic Remedies (Rescission for Mistake and Remedies in Tort Law)’, Rabels Zeitschrift für ausländisches und internationales Privatrecht, 71 (1), January, 52–80 9. Ulrich G. Schroeter (2013), ‘Defining the Borders of Uniform International Contract Law: The CISG and Remedies for Innocent, Negligent, or Fraudulent Misrepresentation’, Villanova Law Review, 58 (4), 553–87 10. Henry Mather (2001), ‘Choice of Law for International Sales Issues Not Resolved by the CISG’, Journal of Law and Commerce, 20, Spring, 155–208 PART IV GENERAL PRINCIPLES AND INTERPRETATION 11. Ulrich Magnus (1997), ‘General Principles of UN-Sales Law’, International Trade and Business Law Review, 3, 33–56 12. Franco Ferrari (1994), ‘Uniform Interpretation of the 1980 Uniform Sales Law’, Georgia Journal of International and Comparative Law, 24 (2), 183–228 13. Harry M. Flechtner (1998), ‘The Several Texts of the CISG in a Decentralized System: Observations on Translations, Reservations and Other Challenges to the Uniformity Principle in Article 7 (1)’, Journal of Law and Commerce, 17, 187–217 14. Steven D. Walt (2015), ‘The Modest Role of Good Faith in Uniform Sales Law’, Boston University International Law Journal, 33 (1), Spring, 37–73 15. Lisa Spagnolo (2007), ‘Opening Pandora’s Box: Good Faith and Precontractual Liability in the CISG’, Temple International and Comparative Law Journal, 21 (2), Fall, 261–310 16. Gary F. Bell (2008), ‘Uniformity through Persuasive International Authorities – Does Stare Decisis really Hinder the Uniform Interpretation of the CISG?’, in Camilla B. Andersen and Ulrich G. Schroeter (eds), Sharing International Commercial Law across National Boundaries: Festschrift for Albert H. Kritzer on the Occasion of his Eightieth Birthday, London, UK: Wildy, Simmonds and Hill Publishing, 35–47 PART V TRADE USAGES AND OTHER SOURCES OF LAW 17. Clayton P. Gillette (1999), ‘Harmony and Stasis in Trade Usages for International Sales’, Virginia Journal of International Law, 39, Spring, 707–41 18. Franco Ferrari (2005), ‘What Sources of Law for Contracts for the International Sale of Goods? Why One has to Look Beyond the CISG’, International Review of Law and Economics: Conference on Commercial Law Theory and the Convention on the International Sale Of Goods (CISG), 25 (3), September, 314–41 19. Leonardo Graffi (2011), ‘Remarks on Trade Usages and Business Practices in International Sales Law’, Annals of the Faculty of Law in Belgrade – Belgrade Law Review, LIX (3), 102–23 Volume II Contents: Introduction An introduction by the editors appears in Volume I PART I FORM, FORMATION AND PRE-CONTRACTUAL LIABILITY 1. Gyula Eörsi (1979), ‘Problems of Unifying Law on the Formation of Contracts for the International Sale of Goods’, American Journal of Comparative Law, 27 (2–3), 311–23 2. Giulio Giannini (2006), ‘The Formation of the Contract in the UN Convention on the International Sale of Goods: A Comparative Analysis’, Nordic Journal of Commercial Law, 2006 (1), 1–30 3. del Pilar Perales Viscasillas (1997), ‘Contract Conclusion under CISG’, Journal of Law and Commerce, 16 (2), Spring, 315–44 PART II OBLIGATIONS OF THE PARTIES 4. René Franz Henschel (2004), ‘Conformity of Goods in International Sales Governed by CISG Article 35: Caveat Venditor, Caveat Emptor and Contract Law as Background Law and as a Competing Set of Rules’, Nordic Journal of Commercial Law, 2004 (1), 1–21 5. Volker Behr (2008), ‘Dealing with Non-Conformity – A Transaction Test Analysis of CISG Regulations on Examination and Notice Under Articles 38 Through 44’, in Harry M. Flechtner, Ronald A. Brand and Mark S. Walter (eds), Drafting Contracts Under the CISG, Part VII, Chapter 18, New York, NY, USA: Oxford University Press, 429–58 6. Stefan Kröll (2011), ‘The Burden of Proof for the Non-Conformity of Goods under Art. 35 CISG’, Annals of the Faculty of Law in Belgrade –Belgrade Law Review, LIX (3), 162–80 7. Harry M. Flechtner (2008), ‘Funky Mussels, a Stolen Car, and Decrepit Used Shoes: Non-Conforming Goods and Notice thereof under the United Nations Sales Convention (“CISG”)’, Boston University International Law Journal, 26 (1), Spring, 1–28 PART III RISK OF LOSS 8. Johan Erauw (2005–06), ‘CISG Articles 66–70: The Risk of Loss and Passing It’, Journal of Law and Commerce, 25, 203–17 9. Michael Bridge (2008), ‘The Transfer of Risk under the UN Sales Convention 1980 (CISG)’, in Camilla B. Andersen and Ulrich G. Schroeter (eds), Sharing International Commercial Law across National Boundaries: Festschrift for Albert H. Kritzer on the Occasion of his Eightieth Birthday, London, UK: Wildy, Simmonds and Hill Publishing, 77–105 PART IV EXEMPTION 10. Rodrigo Momberg Uribe (2011), ‘Change of Circumstances in International Instruments of Contract Law. The Approach of the CISG, PICC, PECL and DCFR’, Vindobona Journal of International Commercial Law and Arbitration, 15 (2), 233–66 11. Joseph M. Lookofsky (1983), ‘Fault and No-Fault in Danish, American and International Sales Law. The Reception of the 1980 United Nations Sales Convention’, Scandinavian Studies in Law, 27, 107, 109–38 PART V BREACH OF CONTRACT 12. Maartje Bijl (2009), ‘Fundamental Breach in Documentary Sales Contracts: The Doctrine of Strict Compliance and the Underlying Sales Contract’, European Journal of Commercial Contract Law, 1 (1), January, 19–28 13. Mercédeh Azeredo da Silveira (2005), ‘Anticipatory Breach under the United Nations Convention on Contracts for the International Sale of Goods’, Nordic Journal of Commercial Law, 2005 (2), 1–51 14. Bruno Zeller (2007), ‘The Remedy of Fundamental Breach and the United Nations Convention on the International Sale of Goods (CISG) – A Principle Lacking Certainty?’, Vindobona Journal of International Commercial Law and Arbitration, 11 (2), 219–36 PART VI REMEDIES 15. Djakhongir Saidov (2009), ‘The Present State of Damages under the CISG: A Critical Assessment’, Vindobona Journal of International Commercial Law and Arbitration (Conference in Honor of Peter Schlechtriem), 13 (1), February, 197–216 16. Peter Huber (2007), ‘CISG – The Structure of Remedies’, Rabels Zeitschrift für ausländisches und internationales Privatrecht, 71, 13–34 17. Steven Walt (1991), ‘For Specific Performance Under the United Nations Sales Convention’, Texas International Law Journal, 26, 211–51 18. Avery W. Katz (2005), ‘Remedies for Breach of Contract under the CISG’, International Review of Law and Economics: Conference on Commercial Law Theory and the Convention on the International Sale Of Goods (CISG), 25 (3), September, 378–96 19. Marco Torsello (2005), ‘Remedies for Breach of Contract under the 1980 Convention on Contracts for the International Sale of Goods (CISG)’, in Franco Ferrari (ed.), Quo Vadis CISG? Celebrating the 25th Anniversary of the United Nations Convention on Contracts for the International Sale of Goods, Part I, Chapter 3, Munich, Germany: Sellier European Law Publishers, 43–87 20. John Y. Gotanda (2009), ‘When Recessions Create Windfalls: The Problems of Using Domestic Law to Fix Interest Rates under Article 78 CISG’, Vindobona Journal of International Commercial Law and Arbitration (Conference in Honor of Peter Schlechtriem), 13 (1), February, 229–40 PART VII FINAL PROVISIONS 21. Ulrich G. Schroeter (2008), ‘Backbone or Backyard of the Convention? The CISG’s Final Provisions’, in Camilla B. Andersen and Ulrich G. Schroeter (eds), Sharing International Commercial Law across National Boundaries: Festschrift for Albert H. Kritzer on the Occasion of his Eightieth Birthday, London, UK: Wildy, Simmonds and Hill Publishing, 425–469 22. Marco Torsello (2000), ‘Reservations to International Uniform Commercial Law Conventions’, Uniform Law Review, 5 (1), January, 85–120 Index

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Book SynopsisOffering a comprehensive exploration of EU taxation law, this engaging Research Handbook investigates the relevant legal principles in the context of both direct and indirect taxation. The important issues and debates arising from these general principles are expertly unpicked, with leading scholars examining the status quo as well as setting out a clear agenda for future research. This multidisciplinary book provides an insight into the taxation of individuals, businesses, passive investment and the non-profit sector. It reviews the harmonisation debate in the areas of corporate taxation and Value Added Tax, and also analyses the current developments as to energy and environmental taxation. Tax competition, state aid and the impact of the international polemic against aggressive tax planning are explored, as are the more procedural but equally important topics dealing with cooperation between tax authorities, exchange of information, taxpayer rights and dispute resolution. The final part of this book examines the external dimension to EU tax law - not only as far as the fundamental freedoms are concerned but also in the context of trade agreements and association agreements. An essential resource for students and scholars of EU taxation law, this Handbook will also appeal to practitioners and government officials working in taxation across the EU and beyond. Contributors include: N. Bammens, G. Bizioli, L. Cerioni, I. De Troyer, A.P. Dourado, M. Gammie, W. Haslehner, M. Helminen, S. Hemels, C.A. Herbain, J. Hey, R. Ismer, S. Kargitta, G. Kofler, M. Lamensch, R. Luja, R. Lyal, A. Maitrot de la Motte, C.H.J.I. Panayi, K. Perrou, S. Piotrowski, A. Pirlot, E. Reimer, R. Seer, D. Smit, K. Spies, R. Szudoczky, E. Traversa, F. VanistendaelTrade Review‘This author would like to strongly recommend to read this work. Whether it is read as a standard book or used as a reference work, the reader, whatever his professional orientation, will find solutions to practical problems, trustworthy and useful theoretical approaches and, of course, suggestions for new research developments.’ -- Andrés Báez Moreno, Intertax‘The book succeeds in the virtually impossible task of meeting the needs of scholars, policymakers, practitioners, and students. Indeed, scholars will enjoy the deep and thought-provoking analyses that will feed their research and inspire new projects. Policymakers will benefit from these analyses when struggling with the design of tax rules that are EU-proof. Practitioners will appreciate the detailed information and may find novel arguments to explore in court cases that may not be found in traditional textbooks. Students will get from this book not only the descriptive information they need to learn the discipline, but also more critical analyses of the rules they are studying, thus stimulating their own critical thinking and providing excellent input for their master’s or doctoral theses. Therefore, this book is simply necessary for any person interested in EU tax law.’ -- Jérôme Monsenego, British Tax Review‘The book is a pluralistic product that combines the rich expertise of leading experts in EU tax law. It is an indispensable collection for practitioners, government officials, scholars, and students to gain a holistic overview of the European legal tax regime starting from the general principles to specific topics in direct and indirect taxation, energy and environmental taxation, as well as administrative procedures.’ -- Svitlana Buriak, Common Market Law Review‘Written in a clear and entertaining style, this book succeeds in providing a solid analytical basis for future debate and research on the subject of EU taxation law. It is a thoughtful and rigorous study that addresses a challenging set of questions for scholars and students. Overall, it is an excellent contribution to the legal literature on European Union law. ’ -- From the foreword by Koen Lenaerts, President of the Court of Justice'The editors and authors of this Research Handbook on European Union Taxation Law, really did a great job in outlining the key issues for research in this area: seminal topics such as general principles, free movement and tax harmonisation are presented in a way that enables scholars and practitioners to quickly find the main materials and approaches in this rapidly growing field of transnational law. This is certainly a great tool, also considering that each chapter is beautifully prepared by a top notch specialist, often with very valuable insider views, in particular about future perspectives, such as tax competition, administrative cooperation and the external EU tax policies. I strongly recommend the book.' --Carlo Garbarino, Bocconi University, Italy and Melbourne Law School, Australia'This Research Handbook provides an excellent collection of essays on some of the most fundamental topics in EU tax law. I am certain it will become a reference, not only for those carrying out research in this area, but for students, and practitioners alike.' --Rita de la Feria, University of Leeds, UKTable of ContentsContents: Foreword Koen Lenaerts 1 Introduction to Research Handbook on European Union Taxation Law 1 Christiana HJI Panayi, Werner Haslehner and Edoardo Traversa PART I GENERAL PRINCIPLES OF EU TAX LAW 2 EU power to tax: Competences in the area of direct taxation 11 Georg Kofler 3 Equality, ability to pay and neutrality 51 Gianluigi Bizioli and Ekkehart Reimer 4 Territoriality, abuse and coherence 75 Edoardo Traversa 5 The relationship between primary, secondary and national law 93 Rita Szudoczky 6 The relationship between EU and international tax law 119 Christiana HJI Panayi 7 The functioning of fundamental freedoms and tax neutrality in the internal market 142 Frans Vanistendael PART II FREE MOVEMENT AND TAXATION 8 Free movement of citizens and family taxation 163 Niels Bammens 9 Taxation of business in the EU: General issues 178 Alexandre Maitrot de la Motte 10 Taxation of business in the EU: Special problems of crossborder losses and exit taxation 194 Johanna Hey 11 Taxation of passive income 224 Marjaana Helminen 12 Charitable organizations 248 Sigrid Hemels PART III TAX HARMONISATION IN THE EU 13 Corporate tax harmonisation – Stage I: The struggle for progress 270 Malcolm Gammie 14 Corporate tax harmonisation – Stage II: Coordination to fight tax avoidance and harmful tax competition 294 Luca Cerioni 15 Origin and merits of EU value added tax: A critical appraisal 320 Charlène A. Herbain 16 Key policy issues for the future of the EU VAT system 340 Marie Lamensch 17 Exploring the impact of EU law on energy and environmental taxation 359 Alice Pirlot PART IV TAX COMPETITION AND EU LAW 18 Aggressive tax planning and harmful tax competition 390 Ana Paula Dourado 19 State aid, tax integration and state sovereignty 410 Richard Lyal 20 Transfer pricing rules and State aid law 430 Werner Haslehner 21 Relationship of fiscal State aid and the fundamental freedoms 450 Roland Ismer and Sophia Piotrowski PART V ADMINISTRATIVE COOPERATION AND TAX PROCEDURE 22 Administrative cooperation and recovery of taxes 474 Ilse De Troyer 23 Exchange of information and cooperation in direct taxation 489 Roman Seer and Sascha Kargitta 24 Fundamental rights in EU tax law 511 Katerina Perrou 25 Dispute resolution and taxpayer participation 541 Katerina Perrou PART VI THE EXTERNAL DIMENSION OF EU TAX LAW 26 The external dimension of the fundamental freedoms and taxation 563 Karoline Spies 27 The tax dimension of EU trade and investment agreements: Conflicting perspectives 592 Raymond Luja 28 Company taxation aspects of investment liberalization provisions under EU Association Agreements 611 Daniël Smit Index 632

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Book SynopsisThis book offers clear and practical guidance on the application of VAT to property transactions providing assistance to individuals, property businesses and professionals. It covers guidance on VAT and property issues including: Introduction to VAT concepts: VAT terminology, Legislation, Definitions. Land Transactions Residential property: New build, Extension and refurbishment, Renovations and alterations, Conversions, Facilities for the disabled, Transactions between landlord and tenant, DIY house builders, Caravans and houseboats, Listed/protected buildings. Residential and charitable use buildings, Housing Associations, Cultural bodies Commercial property: Construction industry, the election to waive exemption, Supplies not affected, Making an election, Revoking an election, Input tax claims, Avoidance rules, Premiums, surrenders and inducements, Specialist services, Transfer of a business as a going concern Anti-avoidance legislation Guarantees, Partial exemption, Input tax recovery, the capital items scheme. Includes detailed HMRC guidance and forms on CD-ROM.Table of Contents1 Introduction1.1 Overview of the UK VAT rules for property transactions and the property sector1.2 Definitions2 The General VAT Rules as they apply to Property-Related Supplies2.1 Goods or services?2.2 Time of supply2.3 The value of the supply (the amount on which VAT is chargeable)2.4 Supplies spanning change of VAT rate or change in liability of a supply3 The VAT Liability of the Most Common Property-Related Supplies3.1 Exempt or taxable at the standard rate?3.2 Treatment of the most common supplies of land and buildings3.3 Supplies of and under leases3.4 Commonhold3.5 Joint ownership3.6 Beneficial interests4 VAT Reliefs for Supplies of Dwellings4.1 Meaning of 'dwelling'4.2 Case law on meaning of 'dwelling'4.3 Zero-rating for new dwellings – the details of the relief4.4 VAT reliefs for conversions into dwellings5 VAT Refund Schemes5.1 DIY builders scheme ‒ introduction5.2 Details of the DIY builder's refund scheme5.3 Amounts qualifying for refund5.4 The form of claims by DIY builders6 Buildings used for a Relevant Residential or Relevant Charitable Purpose6.1 Introduction6.2 Use solely for a relevant residential purpose6.3 Use solely for a relevant charitable purpose6.4 Certificates6.5 Claw-back on change of use7 Property Transactions Involving Housing Associations – the Special Rules7.1 Zero-rating of conversions7.2 Claw-back on change of use7.3 Disapplication of the option to tax8 Reliefs for Protected Buildings8.1 Introduction8.2 Zero-rating for substantially reconstructed protected buildings from 1 October 20129 Supplies of Commercial Property and the Option to Tax9.1 Introduction to the option to tax9.2 Overview of the main points about the option to tax9.3 The UK legislation relating to the option to tax9.4 Effect of the option to tax9.5 Scope of the option to tax9.6 Opting to tax – the two-stage process9.7 Day from which the option takes effect9.8 Duration of option to tax9.9 Revocation of the option to tax9.10..... Real estate elections9.11..... Cases where HMRC's permission is required before exercising the option9.12..... Exclusions from the effect of the option to tax9.13..... The option to tax and VAT groups9.14..... Option to tax: anti-avoidance provisions9.15..... Effect of the option to tax on input tax recovery9.16..... Timing of the exercise of the option to tax – some practical points10 Supplies in the Building Industry10.1..... Introduction10.2..... Table outlining reliefs10.3..... Zero-rating of the construction of certain buildings10.4..... Zero-rating of certain goods and services supplied to a disabled person10.5..... Reduced rate for qualifying conversions10.6..... Reduced rate for certain residential renovations and alterations10.7..... Relief for building materials etc.10.8..... Self-supply of construction, alteration and demolition services10.9..... Time of supply of building services10.10.... Self-billing and authenticated receipts10.11.... Summary of VAT liability of supplies of building services11 Partial Exemption and the Capital Goods Scheme11.1..... Effect of being partially exempt11.2..... Methods of apportionment11.3..... De minimis limits11.4..... Capital goods scheme12 Transfer of a Business as a Going Concern ('TOGC')12.1..... The legal framework for TOGC treatment12.2..... The general conditions for TOGC treatment12.3..... TOGCs: Some drafting points12.4..... General condition (1): business assets transferred as part of a going concern12.5..... General condition (2): assets to be used by the transferee in carrying on the same kind of business12.6..... General condition (3): transferee must be a 'taxable person' or, as a result of the TOGC, become a taxable person12.7..... General condition (4) Transfer of part of a business capable of separate operation12.8..... Additional conditions for certain property assets to be included in a TOGC12.9..... Property letting and TOGCs12.10.... TOGCs and transfers to nominees12.11.... TOGCs: summary of main VAT consequences13 Property Supplies relating to Caravans and Caravan Parks13.1..... Caravan park works13.2..... Caravan pitches13.3..... Caravan rentalHMRC Forms and GuidanceRevenue & Customs BriefsVAT FormsVAT Information SheetsVAT NoticesINDEXCD-ROM:HMRC forms and guidance

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Book SynopsisFully updated each year, Taxation: Policy and Practice continues to provide coverage of the UK's tax system as it has for 30 years. The most widely used UK University tax textbook! It is an excellent aid to support a first course in tax, or as a general introduction to this topic. Written in an accessible style with many examples, activities and questions throughout, this textbook gives the reader a thorough understanding of the UK's taxation principles and current practices. The companion website provides additional questions and answers, links to other tax materials available online and commentary on tax developments as they occur throughout the year. While the UK tax system becomes ever more complicated and many text books and guides reflect this trend, Taxation: Policy and Practice 2023/2024 edition, maintains its clarity and brevity. Reader friendly and informative, this text is based on a structured conceptual framework. Updated annually to ensure an accurate reflection of the current tax climate, it avoids unnecessary and confusing detail. It provides an ideal introduction to both macro and micro perspectives of UK taxation, fiscal policy and decision making. Features - - Fully updated and revised to include the Finance Act 2023 - Designed to support independent or classroom study. - A glossary of key terms and concepts. - More than 100 useful questions and mini case studies. - A comprehensive package of further materials available for purchasers from the website including many extra exam and practice questions, with answers. - Ideal for students studying UK tax for the first time for a degree course or for professional tax examinations for ACCA, CIMA, ICAEW, ICAS, CIPFA, ATT, AAT etc.Trade ReviewLymer and Oats has now become the standard text for UK University tax courses, thanks to its up to date, comprehensive and user-friendly approach to a subject students sometimes find quite daunting. I have no hesitation in recommending it. --Professor --Jane Frecknall-Hughes, University of Nottingham An excellent textbook which I have recommended to all of my students - --Professor Anne Redston. Department of Law, Kings College London An excellent balance of practice and theory, without non-essential detail, makes this the first-choice student text for UK tax --Professor John Hasseldine, University of New Hampshire, USA

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Book SynopsisThis comprehensive and popular annually updated textbook provides students of UK taxation with a thorough knowledge of: Income tax, Corporation tax, Capital gains tax, Inheritance tax, Value added tax. The book provides numerous illustrative examples of the practical operation of statute and case law and provides a wide variety of end-of-chapter questions for self learning. It is aimed at students studying for both University degree programmes incorporating courses in UK taxation and also students studying tax courses for professional qualifications in accounting, banking, management and taxation. Past exam questions (updated to current year rules), with solutions, are provided in the text from the ACCA, CIMA and CIOT examinations. This edition has been updated for all those provisions of the 2022 and 2023 Finance Acts that relate to the tax year 2023/24. In particular, it incorporates all the new personal tax rates, allowances and reliefs, together with changes for self employed businesses, employment tax rule changes and VAT changes.Trade ReviewThis is an outstanding textbook, full of practical details, easy to use and ideal as a core guide to the UK tax system for students of all kinds - whether at University or on Professional courses. -- --Andy Lymer, Professor of Accounting and Taxation, University of Birmingham

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Book SynopsisVAT and Financial Services takes the reader through the relevant legislation and case law, the legal concepts such as time and place of supply, the distinction between goods and services, what is taxable, and the interaction of these elements; examines the consequences of outsourcing (through a detailed study of 10 significant cases); looks at the key issues facing financial services and insurance; and then discusses the VAT cost sharing exemption.Since the third edition, there have been significant developments, including (most obviously) Brexit. The key VAT change is that EU legislation is no longer primary legislation (although many EU VAT principles, obligations and rights have been 'retained') and ECJ court decisions are, in general, no longer binding although 'a court or tribunal may have regard to anything done on or after exit day by the European Court, another EU entity or the EU so far as it is relevant to any matter before the court or tribunal' (European Union (Withdrawal) Act, 2018 s6(2)). Also, the Court of Appeal decision in HMRC v Perfect [2022] EWCA Civ 330, which is an excise duty case but more widely applicable, confirmed that decisions from any referrals to the ECJ made before 31 December 2020 remain binding on the UK even if the decision is issued after that date.In addition to this general change, there have been some more specific changes, for example the changes to the VAT (Specified Supplies) Order 1999, which now treats supplies to persons in the EU in the same way as supplies to persons outside the EU and some changes to the status of EU pension funds.A further change has been to the status of Cost Sharing Groups, an arrangement that allows persons who carry on certain activities to form a group to share costs without creating sticking VAT. As Cost Sharing groups are no longer available to the financial services and insurance sectors, the chapter and appendix covering these have been removed from this edition. Appendices include: contracts of insurance; Lloyd's VAT arrangements; HMRC ABI partial exemption guidance for the insurance sector; TOGC legal extracts; and the VAT territory of the EU.Finance directors and finance controllers in the financial services and insurance sectors and at those who advise these sectors should all find the book helpful.Table of ContentsAbout the authorAcknowledgementsContentsTables of authorities1. Introduction1.1. Introduction to the first edition, September 20121.2. Introduction to the second edition, June 20151.3. Introduction to the third edition, March 20171.4. Introduction to the fourth edition, June 20222. Financial Services2.1. Introduction2.2. Money and money-related services2.3. Securities2.4. Investment funds and wrappers2.5. Derivatives2.6. Intermediary services2.7. Supplies relating to the provision of credit2.8. Debts and related services2.9. Islamic finance2.10. Standard rated services2.11. Investment gold3. Insurance3.1. Introduction3.2. General (non-life) insurance3.3. Life assurance3.4. Friendly Societies3.6. Lloyd's3.7. Insurance claims3.8. Insurers in 'run off'3.9. Other types of insurance3.10. Insurance Premium Tax (IPT)4. Outsourcing4.1. Introduction4.2. Sparekassernes Datacenter (SDC) v Skatteministeriet (Case C- 2/95) [1997] STC 9324.3. C&E Commrs v Civil Service Motoring Association [1998] STC 1114.4. C&E Commrs v CSC Financial Services Limited (formerly Continuum (Europe) Limited) (Case C–235/00) [2002] STC 574.5. C & E Commrs v FDR Ltd [2000] STC 6724.6. C & E Commrs v Electronic Data Systems Ltd [2003] STC 6884.7. Century Life plc v C&E Commrs [2000] STC 2764.8. Försäkringsaktiebolaget Skandia (Case C – 240/99) STC 7544.9. C & V (Advice Line) Services Ltd v C & E Comrs (2001) (17310)4.10. Staatssecretaris van Financiën v Arthur Andersen & Co Accountants cs (Case C-472/03) [2005] STC 5084.11. JCM Beheer BV v Staatssecretaris van Financien (Case C-124/07) [2008] STC 33604.12. Aspiro (formerly BRE Ubezpieczenia Sp. z o.o.) v Minister Finansów (Case C – 40/15)5. Input Tax and VAT recovery5.1. Introduction5.2. Definition of input tax5.3. Who can recover input tax5.4. Blocked input tax5.5. Purchases from overseas suppliers5.6. Partial exemption5.7. Capital goods scheme5.8. Recovery of VAT incurred in the EU6. Legislation, Case Law and Appeals6.1. Introduction6.2. EU legislation6.3. Primacy of EU Directives over national legislation and European Union (Withdrawal) Act 20186.4. UK legislation6.5. Appeals6.6. Legislation relevant to the financial services and insurance sectors7. VAT supply and liabilities7.1. Meaning of supply7.2. Supply of goods7.3. Supply of services7.4. Supply of neither goods nor services7.5. Place of supply7.6. Time of supply7.7. Taxable supplies7.8. Exempt supplies7.9. Outside the scope supplies7.10. Reverse chargeAppendicesAppendix A – Contracts of InsuranceAppendix B – Lloyd's VAT ArrangementsAppendix C – Extract from 'HMRC ABI Partial Exemption Guidance for the Insurance Sector'Appendix D – Transfers of business as a Going Concern – Legal ExtractsAppendix E – EU member states as at 1 January 2021Appendix F – Terminal markets listed in VAT (Terminal Markets) Order 1973 (as amended)Index

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