New regulations for 2020

Modification of the VAT Directive and Regulation (EU) 904/2010: Measures to strengthen the detection of tax fraud in cross-border e-commerce transactions

por el que se modifica el Reglamento (UE) nº 904/2010 en lo que respecta a las medidas para reforzar la cooperación administrativa a fin de combatir el fraude en el ámbito del IVA.(DOUE, 02-marzo-2020)

On March 2, Council Directive (EU) 2020/284 of February 18, 2020 and Council Regulation (EU) 2020/283 of February 18, 2020, establishing a set of rules to facilitate the detection of tax fraud in cross-border electronic commerce transactions, both with effect from January 1, 2024.

The new measures will allow Member States to collect in a harmonized way records provided electronically by payment service providers, such as banks. In addition, a new central electronic system will be created for the storage of payment information and for the further processing of this information by national anti-fraud officials.

The amendment to VAT Directive 2006/112 establishes requirements for payment service providers on the maintenance of records of cross-border payments related to electronic commerce. Such data will be made available to national tax authorities under strict conditions, including those related to data protection.

The amendment to Regulation 904/2010 on administrative cooperation in VAT matters sets out the details of how national tax authorities will cooperate in this area to detect VAT fraud and monitor compliance with VAT obligations.

Both texts complement the VAT regulatory framework for e-commerce that will come into force in January 2021 and introduce new VAT obligations for online marketplaces and simplified VAT compliance rules for online businesses.