VAT in the Digital Age (ViDA)


Bill to transform the European VAT system.

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VAT in the Digital Age, or ViDA for short, is a legislative proposal by the European Commission and was published on December 8, 2022. The bill includes a set of measures aimed at modernizing the VAT system in the European Union. 

What is the ViDA bill? (VAT in the Digital Age)


The ViDA Act introduces new systems for digital reporting and e-invoicing, adapts VAT rules for the platform economy, and seeks to implement uniform VAT registration for intra-EU trade. Through these initiatives, VAT in the Digital Age promises a more streamlined, transparent and fair VAT in the digital age. 

Why ViDA?


The European Commission launched VAT in the Digital Age with several goals in mind, mainly aimed at improving the existing VAT system within the European Union.

One of the primary objectives of the ViDA law is to prevent VAT fraud. Indeed, this is a significant problem within the EU, with billions of euros of VAT revenue lost every year. The European Commission's 2022 VAT Gap Report shows that the VAT gap in 2020 was as high as 93 billion euros. The VAT gap is the difference between the expected VAT revenue and the VAT actually collected.

A major cause of this VAT gap is fraud: according to the report, as much as 25% of missed VAT revenue is due to this. This means that by 2022, VAT fraud in the European Union will be worth around €23 billion. With VAT in the Digital Age, the Commission wants to implement a more robust and transparent system that can effectively tackle this fraud.

Moreover, increasing the effectiveness of the VAT system is an important part of ViDA. The current system has been in place for decades and is not optimized for today's digital economy. The digitization of compliance is therefore a key aspect of ViDA. This includes facilitating e-invoicing and real-time digital reporting, making it easier for companies to meet their VAT obligations while reducing administrative burdens.

In summary, the main goals of ViDA are :

  • Making the VAT system more effective and fair;
  • Preventing VAT fraud;
  • Ensuring the proper functioning of the internal market;
  • Adapting the VAT system so that it responds to the new digital world;
  • Digitize compliance.

 

What will change because of ViDA?


With the introduction of the ViDA law, businesses in the European Union face significant changes to the VAT system. The measures proposed by the European Commission can be roughly divided under three pillars. Namely: 

  • Digital reporting and e-invoicing;
  • Adapt VAT rules to the platform economy;
  • Working towards a single VAT registration in the European Union.

Digital reporting and e-invoicing becomes mandatory


Perhaps the most important change for businesses that this bill sets in motion is the way companies send invoices to each other and receiving. E-billing will in fact become mandatory for B2B transactions across Europe. Every e-invoice with a VAT component will soon have to go through the tax authorities, so that it will be possible to check at invoice level whether everyone complies with the VAT obligation. There will then be Continuous Transaction Control.

This aims to reduce VAT fraud and lower administrative costs for EU traders. For businesses, it means adapting their systems to send e-invoices and receiving, and to comply with the new digital reporting requirements.

Platform companies get (larger) role in VAT deduction


Another important change under ViDA are the updated VAT rules for the platform economy. These rules mean that operators of platforms for passenger transport and short-term accommodation, for example, will become responsible for collecting and remitting VAT on behalf of their users. Platforms will therefore be more closely involved in VAT matters

This change is intended to ensure a uniform approach across member states and create a fairer playing field between online and traditional providers. 

One VAT registration in the European Union


Finally, ViDA enables the introduction of a single VAT registration for businesses selling to consumers in different EU countries. This reduces the need for multiple VAT registrations in the EU and simplifies VAT returns for businesses. It will significantly reduce the administrative burden for businesses operating in multiple EU member states, and make it easier for new and smaller businesses to expand into markets in different EU countries.
 

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What is already known about ViDA?

At this point, not all the details of VAT in the Digital Age are known. For example, we know that we will soon have to start e-invoicing, but we do not yet know how to do it. Should we use a specific platform? Peppol perhaps? Will companies soon be able to connect to it themselves, will everyone need a service provider with a Peppol Access Point? These are questions that the European Commission must answer in the coming months or years.

No mandatory European standard for e-invoicing

Interestingly, the European Commission is unlikely to make one standard mandatory for all member states in the area of e-invoicing. Countries that have already made e-billing mandatory and have implemented CTC , or are in the process of doing so, will be allowed to continue with it. This has implications for companies and organizations doing international business.

Parties that only send invoices in the Netherlands and receiving, will soon -logically- have to comply with the new rules for the Netherlands. But parties with customers or suppliers in countries where e-billing is already mandatory must also comply with the rules of those countries. And these can be quite far-reaching, for example regarding technical specifications and mandatory information that must be included.

Companies with international operations must decide for themselves how to handle this patchwork of rules and obligations. So ensuring compliance can be quite challenging for internationally operating companies. 

Latest updates on ViDA

(last updated September 6, 2024)

In May 2024, the European Commission published an updated version of the bill. The main changes concern: 

  1. Deferral of implementation dates: Many of the original deadlines were postponed. For example, the implementation of the deemed supplier rules has been postponed from Jan. 1, 2025, to July 1, 2027. This gives member states and companies more time to adjust to the new rules

  2. Flexibility for member states: The updated version gives member states more flexibility to implement or not implement certain parts of the proposal. This concerns in particular the rules around e-billing and the obligation for platforms to collect and remit VAT.

  3. Adjustments for platforms: The rules for platforms have been further refined. For example, member states can now exclude small and medium-sized enterprises (SMEs) from the platform fiction. In addition, the maximum rental period for short-term rentals covered by the VAT obligation has been reduced from 45 to 30 days

The 27 European member states last voted on the introduction of ViDA on June 21, 2024. At that time, they did not reach a consensus. The next meeting will take place in the fall of 2024.

Preparing for ViDA

Experts are already warning that the ViDA bill is going to have as much impact on businesses as the introduction of the euro in 2002. It is therefore wise to prepare well in time. And by in time, we actually mean now. Each country is working on e-billing at its own pace, and in many EU member states the new obligations will go into effect before ViDA's expected effective date. If you are doing business in a country that applies the rules faster, you need to set up your processes accordingly.

Either way, you already know that VAT in the Digital Age is coming. Therefore, start by gaining a thorough understanding of what ViDA entails. Delve into the new requirements for digital reporting and e-invoicing, updated VAT rules for the platform economy, and the introduction of a single VAT registration. What do the new rules entail? What are the potential risks? And what are the implications for compliance?

Then it is wise to take a close look at your current (IT) systems and processes. What is needed to be able to receiving and send e-invoices in the near future? For example, in terms of infrastructure and master data? Consider working with an external partner specializing in issues such as e-billing, compliance and digital transformation. They can provide valuable insights and support in preparing for the changes.

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