The Relevance of Implementing Value Added Tax Or VAT on Goods and Services

Economists in the government had come up with a good way of funding the biggest deficit in the history of United States, and that is through value added tax, shortened to VAT, which is also called national sales tax.

Advocates assert that this system gets rid of the complicated income tax system of the United States, thinking that the value added tax is quite more efficient in bringing in more revenue, something that could be of great help to the economy. This is said to be a solution to the issue about lost online sales taxes, which occurred as a result of commerce being taken online and, in doing so, evaded policies mandated by the government on taxation of sales. With value added tax system, all sales have become taxed. So goods either sold at a brick and mortar shops or sold online are taxed. Most business transactions are now levied, and by business transactions we mean services and goods offered or vended. However, insurance services, some types of training and education, and loans are not covered by the VAT system.

This system provides extra income to pull down shortfall and to finance vital programs of the government for American citizens.

Nevertheless, levying on goods and supply sales can have negative effects, just so you thought that everything is good about it. There is always the other side of the coin. The system can be extensively regressive which means that when you put taxes on sold goods and services, you make them a bit more expensive than they actually are. And this creates a problem among people with less income because they are hit most negatively by higher prices of products.

Businesses find computations of value added tax terribly cumbersome and they do cost significantly. Since products have different prices, calculations must be done for each product. Business owners, of course, pass VAT and all the costs it incurs onto buyers.

All businesses are required by law to collect sales tax, so if you sell goods, products, or services, you are to impose taxes on them. Where consumers shoulder this tax, you are obliged to remit it to the government. The imposing of value added tax on goods and services is not a matter of your own discretion that you may or may not collect this tax, because this is your legal obligation. You can face litigation by not abiding by what was mandated. You are collecting value added tax and you are doing it on behalf of the state and you are obliged to turn the money in to the state on time.

For your information, nonetheless, not all states of the US charge sales tax. We are talking about New Hampshire, Alaska, Oregon, Delaware, and Montana.

Today, there are a lot of companies that sell items and advertise services online, and the problem with online business transactions is that the two parties, the seller and the buyer, may be in different locations, states, or even countries with different tax rules. The government has been sorting out this issue, but there is still no definite ruling regarding the matter, and different states have different legislation regarding sales tax collection of online products and services.

Value added tax is a convoluted matter and because of that you may opt for assistance to help you out with transactions involving sales tax. There are companies out there that help you ensure you do not encounter legal problems by elucidating which transactions are excepted from value added tax and which ones are charged. Expert advice from servicing firms is even more important during instances of large purchases. The complexity of sales tax rules becomes more relevant when making major business transactions such as purchasing real estate.

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Intellectual Property: The ECJ Extends the Use of Trade Marks to Goods and Services

The European Court of Justice (“ECJ”) ruled in Praktiker Bau- und Heimwerkermärkte (C 418/02) that a trade mark that is now in use by a company on its goods can be extended to cover the services provided by this company.

A DIY retailer Praktiker Märkte, filed for registration with the Deutsches Patent und Markenamt (the German Patent and Trade Mark Office) of the mark PRAKTIKER in respect of the slogan ‘retail trade in building, home improvement and gardening goods for the do-it-yourself sector.’ However the German Patent Office refused registration of this slogan on the grounds that the concept of ‘retail trade’ did not denote independent services having autonomous economic significance.

Praktiker Märkte brought an appeal before the Bundespatentgericht (Federal Patents Court) against the rejection of its application. The company argued that the economic trend towards a service society necessitated a re-appraisal of retail trade as a service. The consumer’s purchasing decision would increasingly be influenced not only by the availability and price of a product, but also by other aspects such as the variety and assortment of goods, their presentation, the service provided by staff, advertising, image and the location of the store, etc. Such services provided in connection with retail trade enabled retailers to be distinguishable from their competitors. They further argued that such services ought to be eligible for protection by service marks.

The case was referred to the ECJ who concluded that:-

Retail services should be registered as trade marks if the services differ from the goods under which the trade mark is sold; and
The contents of the services provided by the retailer must be specified so as to enable consumers to know in concrete terms (1) what the service consists of (expressions such as “retail trading” or “retail services” are not explicit enough) and (2) what goods or types of goods the services relates to.

Comment: This is a significant decision for trade mark owners.

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© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Intellectual property law firm advising on patents, trade marks, copyright, design

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