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Option to Tax Transactions

 
Peter Jenkins Global Director of Indirect Tax at Ernst & Young looks at the option to tax proposal in the Draft Council Directive and discusses how it might be used to benefit the insurance sector
 
Under Article 137a of the Draft VAT Directive reforming the treatment of financial services the following is proposed: 'from 1 January 2012 Member States should allow taxable persons a right of option for taxation in respect of the services referred to in points (a) to (g) of Article 135(1)'. Point (a) covers 'insurance and reinsurance'. At present the option to tax financial services under Article 137 of the Recast VAT Directive gives Member States the discretion to allow taxable persons a right of option for taxation in respect inter alia of the financial transactions referred to in points...

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