GE
VAT Overview
Sales/Use Overview
Systems
Comparison
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Speakers
Jeff Hilt
Jeff has been with the GE Corporate Tax Systems team since 2001 supporting the Corporate Federal
team, State Income Tax team and for the last 7 years the Sales/Use and VAT/GST teams supporting
the Audit, Advisory and Compliance functions as well as the Sabrix Platform.
Theresa Pardee
Theresa is a Manager of Tax Technology with General Electric Company based out of Atlanta,
Georgia. She received her Bachelor of Business Administration in Computer Information Systems
from Georgia State University.
She has more than 17 years in various roles within the Sales & Use tax function. She has spent the
last 14 of these years integrating third party tax automation solutions like Sabrix, Vertex and Taxware
with Financial Applications.
Theresa joined GE in March 2007 after a combined 9 years at E&Y and Deloittes National Tax
Technology Solutions Practices as a senior tax manager. Since joining GE, her job responsibilities
include providing transactional tax technology solutions for various GE businesses globally.
Theresa is certified in SAP R/3 in the Sales and Distribution Module and has obtained her Oracle
Applications Team Member Implementation Masters Certification.
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GE Summary & Context
Diverse portfolio of products and services
Global footprint operating in over 120 countries
Thousands of Legal Entities
Tax, State and VAT/Sales obligations
Global Branch Structure
Various ERP and legacy billing platforms
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VAT Overview
VAT Awareness
VAT stands for Value Added Tax
A general tax that applies, in principle, to all commercial
activities involving the production and distribution of goods
and the provision of services.
A consumption tax because it is borne ultimately by the final
consumer. It is not a charge on businesses.
Charged as a percentage of price and actual tax burden is
visible at each stage in the supply chain
Over 150 countries worldwide operate VAT systems of some
description and this is likely to increase in the future as the
money collected from VAT represents a major source of
revenue to national governments
* VAT is usually a national/ federal tax, but in some countries it operates at a state/provincial level.
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VAT Awareness - EU
1967 EC Common Framework for VAT was established to
attain the objective of a common market.
The overriding law on VAT in the EC is the EC Directives,
notably Council Directive 2006/112/EC which recast the
articles of the 1st and 6th VAT Directives.
Under Article 395 of Directive 2006/112/EC, member states
may be authorized to derogate from common VAT rules to
simplify local rules.
EC Law takes precedence where there are inconsistencies
with the intent (over time) of having a harmonized system.
The VAT Package of 2010 (supply of services) is a step in that
direction.
VAT is a tax charged on any supply of goods or services
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made in <Country> where it is a taxable supply made by a
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Harmonization and Derogation
Lack of harmonization in the
EU is like, well, running a
marathon with a front loader
on your back.
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VAT names - ROW
Canada EU - VAT
GST Goods and Services
Tax
HST - Harmonized Sales Tax
India
VAT
Brazil Service Tax
ICMS - State VAT
IPI Federal Excise Tax
Australia
ISS Municipal Service Tax
GST Goods and Services
Tax
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VAT Compliance means
Receiving compliant invoices from suppliers or you cant reclaim input VAT
Issuing sales invoices in the right format or you have customer relationship issu
Book-keeping the right VAT at the right time or you cant fill out your VAT retu
Reporting VAT in the right currency local currency using the right exchange r
Filing VAT returns at the right time with the right transactions typically calend
Settling the right VAT with the tax office pay vs. file
Maintaining the right books and records
Keeping books and records for the right period of time
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Terminology is key
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Rate Definitions
Rate Type Definition Min/Max
Allowed (EU)
Standard Highest rate covers most goods and Max 25%
services. This is the default unless a Min 15%
specifically mentioned alternate rate
applies. EU capped at 25%
Reduced Given specific relief from the Standard Min 5%
Rate Rate
Other Rates Member State derogrations various
Zero Rate Taxable but at Zero Rate e.g. Food
Exempt No VAT is chargeable
No VAT reclaim is allowed and factors
into a partial exemption calculation
Outside the Not covered by the VAT System
scope of VAT
If you are registered to collect VAT, you must charge VAT at the
standard rate unless the supply falls into one of the other
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categories. Where, When and On What is considered Jeff Hilt/Theresa Pardee
ACT
Picture yourself
Coming from
Town Centre
and want to go
to Oxford.
Always ask
your in-country
tax professional
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UK Rates
Non Business
Standard rate Government
departments etc
20%
Most goods and
services (taxable)
Exempt
Reduced Finance, insurance,
land, health and
rate 5% education
Domestic fuel
(taxable)
Zero rate
0%
Exports, food, books,
newspapers and
childrens clothes
(taxable)
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EU Member States(MS) and Standard
Rates
20% 20%
21% 22%
20% 21.0%
15%
15%
18%
20%
19.0%
25%
23%
20% UK SR History
23%
22% 2011 20%
24% 2010 17.5%
19.6%
20% 2008 15%
19% 1991 17.5%
20%
1979 15%
23%
16% 1974 8%
25% 25%
1973 10%
21% 20%
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2011 Scope of VAT Changes
EU
France 1 Jan 2011 SR also applies to TV, Phone and bundled Internet
services
Belgium 1 Jan 2011 SR also applies to buildings and land
Finland 1 Mar 2011 general postal services are exempt from VAT
ROW sample
India proposed the introduction of a new Central and State GST - delayed
China Major reform planned for 2013 with VAT replacing business tax
Zambia Property and casualty insurance and fee-based banking services
are subject to VAT at the Standard rate (16%).
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Simple Transaction B2B
EU Member
DOMEST State
IC
Other EU
Countries
ACQUISITIO
N
DISPATCH
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Types of Transactions
Transaction Definition
Supply of Goods The transfer of ownership of tangible
property
Supply of Services Anything that is not a supply of goods.
Services can be subject to the Reverse
Charge mechanism.
Intra-Community acquisition of goods Acquisition of the rights of tangible
property transported to another
member state (eg Fr to Es)
Imports/Exports Entry into the community of goods
which are not in free circulation.
Exit from the community with the
proper level of documentation.
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VAT and Customs Territory
Third territories
Territories in the EU but not part of
the VAT or Customs Territory.
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Place of Supply
Transaction Place of supply
Supply of Goods Where the goods are located when the
supply takes place. Follows origin
principle.
Article 33
Supply of Services B2C There the supplier is established
B2B - Where the customers business
is established
Imports/Exports Entry into the community of goods
which are not in free circulation
Supply of services
VAT is chargeable when the service is supplied or if the service is prepaid then its at time
of payment.
Importation of Goods
Provided there are no import duties due, chargeable upon entering the country.
If import duties are due, VAT is chargeable when the customs duties are due.
Importation into a customs warehouse may be exempt of VAT.
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Partial Exemption
A partially exempt business is one that makes both exempt
and taxable supplies. The issue for a partially exempt
business is how much of their input VAT they may reclaim.
As an example:
If my business has a 70% taxable and Ive purchased Fuel
from Tesco with 15.95 GBP VAT I can reclaim 70% of the
VAT.
In Spain, failure to reverse charge could lead to penalty up to 150% of the VAT
even if no tax was due the tax authorities. Other country apply different rules.
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Registration
For VAT purposes, a taxable person is any individual, partnership,
company which supplies taxable goods and services in the course of
business.
However, if the annual turnover of this person is less than a certain limit
(the threshold), which differs according to the Member State, the person
does not have to charge VAT on their sales.
VAT Registration process and VAT reporting differ from country to country.
Spain has no threshold but the UK threshold is 73,000 GBP annually.
A business does not have to have an establishment in a country in order
to be required to register. Sales activity could trigger a registration
requirement.
Once registered, a business is provided with a VAT Registration number
and expected to file a periodic VAT return as well as other possible filings.
All the registration rules change frequently. From August 2012, UK
threshold will be removed for businesses not established in the UK.
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Returns
Across the EU, periodic VAT returns are
due on either a monthly, bi-monthly,
quarterly and/or annually. Some
countries (eg Germany, Italy) file returns
on a monthly and annual basis.
In the EU, no two returns are the same
and are typically in local language.
Returns typically match calendar month
unless other arrangements are made with
the tax authorities. UK
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France
VAT Groups general EU rules
VAT Grouping
Provided for via article 11, this option allows for taxable persons who are
bound to one another by financial, economic and organisational links are
treated as a single taxable person. The supplies between members of a
VAT group are outside the scope of VAT. This only applies domestically.
Advantages:
Simpler VAT Accounting there is only one VAT return for the entire group
Supplies between members are outside the scope of VAT
Exempt entities (entities making purely exempt sales) will now be able reclaim input VAT
Disadvantages:
By including exempt entities it makes the entire group partially exempt reducing the recovery for
all
VAT return preparation can be challenging for large VAT groups if the return is late bigger issue
Joint and several liability for VAT for all group members if one member becomes insolvent
Need to manage the group members
Italy
Italy recently introduced a new annual communication list including all supplies to black listed countries.
This is an annual filing due 30 April for the proceeding calendar period.
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Assessments, Penalties etc
General process
Control visit visit from a Tax Authority
Examination of records
Assessments
Appeals
UK
Reasonable care when do penalties apply?
Penalties will apply when a return contains a careless inaccuracy or a deliberate inaccuracy.
Three categories of offences failure to take reasonable care:
Careless action
Deliberate but not concealed
Deliberate and concealed Penalty applies to tax
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An unprompted disclosure is when the taxpayer has no reason to believe Jeff Hilt/Theresa Pardee
HMRC are about to discover the error ACT
UK - Senior Accounting Officer
Certificate
The SAO of a qualifying company must provide HMRC with a certificate stating whether
the company has appropriate tax accounting arrangements or, where it does not,
providing an explanation.
The certificate should be provided to the CRM (HMRC Client Relationship Mgr) for the
company or companies covered and the suggested format for the certificate is as follows:
-
I.. as Senior Accounting Officer of the qualifying company /companies listed below,
hereby certify that to the best of my knowledge and belief throughout the companys or
companies financial year ended [.] the company/companies had appropriate accounting
arrangements or to the extent it/they did not an explanation is provided below.
Penalty Provisions
There could be a penalty of 5000 assessable on the SAO if they fail to comply with the main
duty
there could be a penalty of 5000, again assessable on the SAO, if they fail to provide a
certificate or if they provide an incorrect certificate; or
there could be a penalty where a company fails to notify HMRC of the name/s of the person who
was the SAO throughout the financial year
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How to measure risk?
Annual and/or periodic surveys measuring risk
VAT Under Management
Annual review of business processes
Working closely with the tax authorities
More real time metrics KPIs
Data Analytics
Data Mining
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Sales & Use Tax
Types of Sales/Use Tax
Sales Tax:
A Sales Tax is a tax imposed on receipts from sales by
the supplier on taxable intrastate transactions.
Sellers Use Tax:
A Sellers Use Tax is a tax imposed on receipts from
sales that is collected by the supplier on taxable
interstate transactions
Consumers Use Tax:
A Consumers Use Tax is a tax that is imposed on
tangible personal property brought into a state for
storage, use, or consumption in the state when the seller
did not collect seller's use tax on the sale of the property.
New Hampshire
Oregon
Montana
Alaska
Delaware
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Local Sales/Use Taxes
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General Concepts
Sales Tax - Four types of sales tax
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What is a Sales Tax?
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Enumerated Services
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Business Services Subject to Tax
Data Processing
Debt Collection
Information
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Sales Tax Nexus
The term nexus is used in tax law to describe a situation in
which a business has a "nexus" or presence in a state and
is thus subject to sales taxes for sales within that state.
Physical Presence
Property location (e.g., sales office, warehouse)
Employees
Agents
Representatives
Independent contractors
Pennsylvania
Texas
NOT IF:
Mail Order
Advertisement
1-800 Telephone #s
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Is the Seller Required to Collect?
Pennsylvania
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Is the Seller Required to Collect?
Pennsylvania
Texas
Yes If:
Owning/leasing
property
Maintaining an office
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Situs
Sale of Tangible Personal Property
Origin based on sellers place of
business
Destination shipping address
May require additional details such as
location of order acceptance or order
origin.
Sale of Services
Where performed
Where benefit received
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Amounts Not Included in Sales Tax
Measure
Separately Stated Services
Separately Stated Repair or Installation Labor
Shipping or Transportation After the Sale
Cash Discounts
Interest and Finance Charges
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Use Tax Measure
Material Cost:
Actual cost of materials only
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What is an Exemption?
A transaction that is within the general scope of the
tax statutes, but is the subject of special provisions
removing it from taxation is subject to an exemption.
Common Examples:
Exemptions based on type of buyer (charities,
govt.)
Type of item purchased (e.g., food, medicine)
Certain uses (manufacturing, goods to be resold)
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Sales Tax Rates Changes, 2009
State 5.5%
County 1.5%
City 1.6%
District .9%
Combined 9.5%
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Tax Return Filing Process
Data passed to tax engine Buyer & Compare Tax Code Custom
as part of invoice Seller Sabrix Tax to allocated at line Account
validations Locations Supplier Tax level Generator - tax
Validations run on a 3 Transaction accounting
Tolerance
hour cycle Type based on rules
determined at
Only transactions that at LE level
Product OU level
pass all standard Oracle Exceptions Accounting
validations are selected Short Pay
for each for Tax
ability
applicable
determined at
jurisdiction(s
OU level
) are
evaluated
Check For
Exemption
Certificates
Apply rates &
rules at
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SSS L2 Process Map
L2 SSS Sabrix AP Tax Process
SSS AP Data
1.1
Enter Non-PO o GESSS Paygroup Assignment
Enter PO Invoice
Invoice
o GE 170 Invoice Dummy Creation
o Invoice Validation
o Sabrix Set Tax Status Flag
SSS AP Automated Validations
2.3 Invoice
4.0 Tax Code 6.0
Execute Sabrix Tax Is In 5.0 Valid CCID for Processed
Apply Sabrix Tax Y Created in Y Perform Custom Y
Tax Process Pre- Tolerance? Classify Tax Lines Tax Line? Successfully
Tolerances Oracle? Accounting
Calculation
Sabrix AP Tax N N N
Process
Sabrix Tax
Sabrix Tax
Tolerance
Account Hold
Hold
Assigned
N Assigned
Sabrix Tax
Engine
Sabrix Tax
Process Error
3.0 Severity 2 Tax
Y Hold
Calculate Tax Error?
Assigned
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Buy to Pay Process
2.0 3.0
1.0 4.0 5.0 6.0
Retrieve Determine
Generate Generate Account Generate
Invoice Tax
Billing Tax Code for Tax Reports
Data Liability
Importer of
Ship From Not
Record What Tax Category for
Always Captured
data element in Materials
in ERP
ERP?
ERP Terminology Item Master Data
Vendor Direct
vs. GE T&CS Structure
Non-standard Intrastat
Interco
Incoterms Classifications
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Key Design Challenges - Services
Address
Elements Not Legal Entity Tax Category for
Captured in ERP Structure Services
Modules
Separately Stated
Seller Address
Oracle Multi-Org vs. Lump Sum
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Summary: VAT versus Sales/Use
Sales/Use
Description VAT
Tax
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Summary: VAT versus Sales/Use
Sales/Use
Description VAT
Tax
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Summary: VAT versus Sales/Use
Sales/Use
Description VAT
Tax
Entities need to
Entities need to
distinguish sales that are
Taxability taxable, exempt, or zero
distinguish sales that are
either taxable or exempt.
rated.
Exemption certificates
Use of invoice to self-
may not effectively
Documentation enforce the tax; harder to
police the use of
evade.
exemptions.
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