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EU Implementing Regulation for Payment Information System for Payment Service Providers — Orbitax Tax News & Alerts

On 12 September 2022, the Commission Implementing Regulation (EU) 2022/1504 of 6 April 2022 was published in the Official Journal of the European Union. The implementing regulation lays down detailed rules for the application of Council Regulation (EU) No 904/2010 as regards the creation of a central electronic system of payment information (CESOP). CESOP is created as part of a package adopted in 2020 on mandatory transmission and exchange of VAT-relevant payment information, including new rules for the collection of payment information from payment service providers for the detection of tax fraud in cross-border e-commerce transactions. The implementing regulation enters into force on 2 October 2022 and applies from 1 January 2024.

See the following for further information on CESOP.

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Central Electronic System of Payment information (CESOP)

Transmission and exchange of payment data to fight VAT fraud

On 18 February 2020, the Council adopted a legislative package to request payment service providers to transmit information on cross-border payments originating from Member States and on the beneficiary ("the payee") of these cross-border payments. Under this package, payment service providers offering payment services in the EU will have to monitor the payees of cross-border payments and transmit information on those who receive more than 25 cross-border payments per quarter to the administrations of the Member States

This information will then be centralised in a European database, the Central Electronic System of Payment information (CESOP) where it will be stored, aggregated and cross-checked with other European databases. All information in CESOP will then be made available to anti-fraud experts of Member States via a network called Eurofisc.

The objective of this new measure is to give tax authorities of the Member States the right instruments to detect possible e-commerce VAT fraud carried out by sellers established in another Member State or in a non-EU country.

The measure respects the data protection rules. Only information related to payments that are likely to be connected to an economic activity is transmitted to the tax authorities. Information on consumers and on the reason underlying the payment is not part of the transmission.

The transmission of data must start on 1 January 2024.