Comment Letters

On March 4, 2013, TEI filed a letter urging the British Columbia Ministry of Finance to formally adopt a policy of administrative tolerance for Provincial Sales Tax (PST) audits during the first year of the "new" tax (the Province moved from the PST to a Harmonized Sales Tax in 2009, but voters approved a referendum in 2011 to return to the PST effective April 1, 2013).

On February 19 and 20, 2013, TEI submitted letters in support of legislation in Alabama (HB 264 and SB 223) that would establish a pre-payment, independent tribunal to hear appeals of tax assessments and other matters administered by the Alabama Department of Revenue, as well as certain taxes levied by or on behalf of counties and municipalities. TEI has long supported independent state tax tribunals, and the ABA Model Act is consistent with the Institute's Policy Statement on Independent State Tax Tribunals.

On January 10, 2013, TEI submitted a letter to the British Columbia Ministry of Finance related to the province's transition from the Harmonized Sales Tax back to the Provincial Sales Tax that will occur on April 1, 2013. The Institute's letter focused on the administrative aspects of the PST Act and more specifically on the guidance included in PST Bulletin 002. The comments were designed to assist the Ministry of Finance with the practical, effective, and efficient administration of the new PST.

On January 4, 2013, TEI submitted a letter to the European Commission noting the increasing frequency with which a number of EU Member States have refused to refund VAT to businesses that are in a repayment position and urging the Commission to take necessary actions against those Member States.

The comments were prepared under the aegis of TEI's European Indirect Tax Committee. Daniel B. De Jong of the Institute's legal staff coordinated the development of the Institute's comments.

On December 7, 2012, TEI submitted a letter to the Canada Revenue Agency commending CRA for its efforts to modernize the GST/HST place of supply rules, and suggesting a number of clarifications to the CRA's draft Technical Information Bulletin that would make the document as useful, clear, and comprehensive as possible.

On September 26, 2012, TEI submitted a letter to the Organisation for Economic Co-operation and Development praising the Draft Commentary on the International VAT/GST Neutrality Guidelines and urging the OECD to make changes to the document that would strengthen the application of the VAT neutrality principle by better ensuring that businesses do not bear the burden of the tax or unnecessary administrative rules for claiming VAT refunds.

On September 14, 2012, TEI submitted a letter to the British Columbia Ministry of Finance urging the Province to use proceeds from the carbon tax to provide incentives for businesses that make investments in alternative fuel sources, methods for capturing emissions, or other "green" projects, and suggesting changes to make the tax more administrable.

On June 27, 2012, TEI submitted a letter to the government of Prince Edward Island and Finance Canada in response to the announcement that the province had entered into formal negotiations with the Canadian government to replace its provincial sales tax with a harmonized sales tax. TEI's letter summarizes the Institute's general support for the HST and makes recommendations to enable the Province and taxpayers to achieve the benefits of reducing the complexity and costs of compliance with the new tax system.

On June 13, 2012, TEI submitted comments to the British Columbia Expert Panel on Business Taxation in response to an invitation for submissions to assist with developing recommendations "for a business tax system for British Columbia that balances the principles of competitiveness, fairness and simplicity." This most recent letter follows earlier communications between TEI and the government of British Columbia regarding the province's tax system.

On March 7, 2012, TEI submitted a letter to the European Commission discussing concerns with recent German VAT legislation changing the substantiation requirements for zero-rating of intra-community supplies of goods originating in Germany.