Professional Documents
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VAT 2010
Support of the 2010 VAT
Package legislation in the
European Union
White Paper
Table of Contents
Introduction ................................................................................................ 3
VAT 2010 background and goals ................................................................. 3
Overview of changes to VAT rules ............................................................... 4
Place of supply rules for B2B services ...................................................................................... 4
Microsoft Dynamics AX impact ............................................................................................. 4
EU sales list reporting obligations............................................................................................ 4
Microsoft Dynamics AX impact ............................................................................................. 5
VAT refund procedures .......................................................................................................... 5
Microsoft Dynamics AX impact ............................................................................................. 5
One-stop shop option for VAT reporting ................................................................................ 5
Microsoft Dynamics AX impact ............................................................................................. 5
Tax point on services............................................................................................................. 5
Microsoft Dynamics AX impact ............................................................................................. 6
Scenarios .................................................................................................... 8
Intra-EU purchase of goods .................................................................................................... 8
Extra-EU purchase of goods ................................................................................................... 9
Intra-EU supply of goods ....................................................................................................... 9
Extra-EU supply of goods ......................................................................................................10
Intra-EU purchase of services ................................................................................................10
Extra-EU purchase of services ...............................................................................................11
Intra-EU supply of services ...................................................................................................11
Extra-EU supply of services ...................................................................................................12
Changes to Microsoft Dynamics AX 2009 SP1, AX 2009, and 4.0 SP2 ........ 13
Reverse charge functionality..................................................................... 13
Frequently asked questions ...................................................................... 14
References ................................................................................................ 18
APPENDIX A .............................................................................................. 19
Introduction
This white paper contains information about how Microsoft Dynamics AX will support the VAT
Package 2010a set of changes to the European Union VAT rulesthat will go into effect on January
1, 2010.
Between October and December 2009, Microsoft will release various software updates, depending on
when tax authorities in each country/region make their requirements publicly available, to help
customers comply with the new regulations. One update is already included in Rollup 3 for Microsoft
Dynamics AX 2009 SP1 and Microsoft Dynamics AX 2009 RTM and is available as a hotfix for Microsoft
Dynamics AX 4.0 SP2. You must install this update before installing subsequent VAT 2010 updates.
The VAT Package introduces changes in the following key areas:
EU-based companies that do business with VAT-registered businesses in other EU countries will need
to be prepared to calculate different tax rates for services on their sales invoices as of January 1,
2010. They will need to apply reverse charge tax for services on purchase invoices. February 2010 will
be the first reporting period for which the new reporting obligations for EU sales list and/or VAT
Declaration will apply.
This document will provide further guidance on the following:
How Microsoft Dynamics AX customers can start now to prepare for the upcoming VAT changes.
In conclusion, the VAT Package rules will mean significant changes to the way that businesses function
in the European Union. The rules have the greatest effect on cross-border B2B services. Microsoft is
committed to supporting businesses in the EU by providing software updates and guidance for
changes to implementation parameters.
Ensure that VAT on services accrues to the member state where the services are actually used.
Deter distortions of competition that occur when businesses relocate their operations to member
states with lower VAT rates.
Reduce VAT fraud by requiring companies to account for VAT collection and submission via the
reverse-charge procedures.
The VAT Package hinges on the distinction between business-to-business (B2B) services and businessto-consumer (B2C) services. A seller must know if the customer is a business or an end consumer in
order to determine if the new rules apply.
B2B VAT is calculated and payable in the member country/region where the service is consumed
(customer). B2B supplies include sales to any customer with a VAT number, including government
authorities, government departments, and flat-rate farmers.
B2C VAT is calculated and payable in the member country/region of the service provider
(supplier). B2C supplies include sales to any customer without a VAT number.
However, there are exceptions. The VAT Package identifies specific types of services for which the
principle of taxation is based on the place of consumption. Businesses must be aware of these
exceptions in order to apply the correct VAT calculation methods. The following services are some of
the exceptions:
Services related to real estate are taxable in the country/region where the property is located.
Cultural, artistic, sporting, and scientific services are taxable in the country/region where the
services are performed.
Vehicle leases are taxable in the country/region where the customer is located or where the
customer picks up the vehicle.
Transport of B2B goods is taxable in the country/region where the customer is established. For
B2C goods, transport is taxable in the member state of departure (intra-EU transport) or in the
country/region where transport takes place (domestic or extra-EU transport).
Restaurant and catering services are taxable in the country/region where the services are
consumed.
Broadcasting and electronic services are not subject to the new rules until 2015, after which these
services will be taxable in the country/region where the customer is located. Until 2015, these
services are taxable in the country/region of the supplier.
The purchaser of the services will not normally know the moment when the services are provided
or the value of the services, since there is no official document, such as a packing slip or shipment
notice, to indicate that the service has been performed. This information is generally found on the
invoice provided by the vendor. If the purchaser receives the invoice after the tax point at which
the VAT was due, technically they will be late in accounting for the VAT on the services.
There could be situations in which a purchaser receives an invoice for both goods and services.
The VAT on the goods would be due in the VAT period of the invoice, but the VAT on services
could be due in the VAT period in which the services were performed. The need to account for VAT
on one invoice during two accounting periods could complicate the VAT declaration audit process.
This rule applies only to services provided to other VAT-registered companies within the EU. This
means that the tax point for services supplied domestically will be different from the tax point for
services supplied to other EU members.
For services supplied cross-border within the EU, it is possible that mismatches could occur
between the VAT accounted for in a recipients VAT returns and the services reported in the EU
sales lists submitted by the service provider. Such discrepancies could trigger enquiries from the
tax authorities.
This new rule will have the most significant impact on businesses that cannot fully deduct input VAT,
because these businesses will have to pay part of the VAT due on services. Businesses with a right to
fully recover input VAT can normally fully deduct the VAT on these services in the same VAT return.
Because the EU rules went into force as a directive, each EU member state has the right to modify the
rules when they are implemented in local law or enforced. Since only a handful of countries have
formally adopted the VAT Package into local legislation, it is unclear as to whether countries are
adopting the tax point rule as written or modifying it. Tax authorities in the United Kingdom and the
Netherlands have announced that they will not enforce this rule, but will continue to accept the invoice
as the tax point for services performed cross-border in the EU. Other EU countries have not yet stated
their intentions.
European Union
The compromises leading to the ECOFIN adoption of the VAT Package are final. However, since the
changes related to the VAT Package were adopted as directives, each EU member state must add (or
transpose) the EU legislation into their own legislation, requiring the parliaments of each member
state to agree on and pass the legislation.
EU Member States
As of October 2009, only six member states Germany, Malta, Greece, Portugal, Austria and the
United Kingdom have officially transposed the VAT Package into their local laws. Ten additional
countries have published draft legislation, but not yet enacted it into law. The remaining countries
have yet to make any draft legislation available to the public.
Each member state tax authority, under the auspices of its respective ministry of finance, is
responsible for establishing details and procedures for the calculation and reporting of the new VAT
rules and instructing businesses and accountants how to comply with the new regulations. Some
countries that have transposed the VAT Package into their local laws have also published compliance
guidelines. Some countries have not yet amended their local laws, but the tax authorities have already
issued guidelines under the assumption that the legislation will be adopted. Other countries have done
neither.
As of October 2009, only the United Kingdom, Belgium, Austria, the Netherlands, Sweden and Finland
have provided guidelines on the changes to the structure of the EU sales list. These six nations are
taking very different approaches to structuring the additional service-related data in the new EU sales
list. Some are changing only the requirements for reporting EU sales lists, and others are also
changing the requirements for reporting VAT declarations.
Refer to Appendix A for an overview of requirements for each EU member country/region.
Service taxable in the country/region of the customer If the service is taxable in the
country/region of the customer according to the B2B rules introduced in the VAT Package, the
supplier is obligated to issue the invoice without VAT and indicate it is subject to reverse charge by
the recipient. The supplier must include the invoice on the EU sales list submitted to the home
member state tax authority.
Service not taxable in the country/region of the customer If the service is not taxable in the
country/region of the customer, the supplier also issues the invoice without VAT and indicates that
it is subject to reverse charge by the recipient. However, the invoice should not be reported on the
EU sales list submitted to the home member state tax authority.
It is certainly much simpler to issue the invoices without VAT and apply the reverse charge rules.
However, suppliers now must conduct research to determine whether the services that they supply are
always taxable in all other EU member states, which imposes a new administrative requirement.
For purchases, invoices from suppliers in other EU member states will have 0 percent VAT applied for
both goods and services. When these invoices are entered into Microsoft Dynamics AX, the reverse
charge VAT must be booked. For most countries, the standard Use Tax functionality is used to post
the VAT liability, so that this can be included in the VAT declaration and eventually paid to the tax
authority.
Paper Companies print out a paper report from Microsoft Dynamics AX and submit it with the
VAT declaration form to the local tax authority. The United Kingdom requires a paper EU sales list
report.
XML file, manual submission Companies create an XML file containing summarized details per
customer for the period, log on to the tax authoritys Web site, and either upload the XML file or
transfer the data contained in the XML file. Belgium and Germany follow this approach.
XML file, automatic submission Companies create an XML file containing summarized details per
customer for the period. Microsoft Dynamics AX connects to the tax authority server and submits
the data directly, following the protocols for authentication and encryption. The Netherlands uses
this method.
Derived from other reports Companies submit electronic files that contain more data than is
required for the EU sales list, which may include information for both sales and purchases and for
both domestic and EU-based trading partners. The local tax authorities share only the salesrelated information with tax authorities in other member states. Spain (340 report) and Italy use
this method.
Since the VAT Package rules mandate additional reporting of total services supplied per customer per
period, various options for changes to the layout of the EU sales list are possible. Each member state
may choose its own method for representation in the EU sales list report, which could include:
One record per customer Continue to present one summarized line (or record) per customer VAT
number with one amount for goods and one amount for services. The Netherlands will use this
approach.
Two records per customer Include up to two lines (or records) per customer VAT number. Each
line would list one amount but would be prefaced with a transaction type code (good or service) to
distinguish between the two. The United Kingdom will use this approach.
Separate EU sales list reports Continue to use the existing EU sales list report for goods, and
introduce an entirely new report, with a similar layout, for services.
Scenarios
The following scenarios provide an overview of how transactions are handled currently and how they
will change after the VAT Package rules go into effect in January 2010. The scenarios are based on
B2B transactions and assume that both companies have VAT registration numbers in their respective
member countries.
Place of supply
Netherlands
No change
VAT on invoice
0 percent
No change
No change
No change
Not applicable
No change
No change
Place of supply
Belgium
No change
VAT on invoice
0 percent
No change
No change
Not applicable
No change
Not applicable
No change
Not applicable
No change
Place of supply
Denmark
No change
VAT on invoice
0 percent
No change
No change
No change
No change
Not applicable
No change
Place of supply
United States
No change
VAT on invoice
0 percent
No change
No change
Not applicable
No change
Not applicable
No change
Not applicable
No change
Place of supply
Ireland
United Kingdom
VAT on invoice
21.5 percent
Not applicable
Not applicable
Not applicable
10
Place of supply
Canada
The Netherlands
VAT on invoice
0 percent
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Place of supply
Germany
Austria
VAT on invoice
19 percent
Not applicable
Not applicable
Not applicable
Place of supply
Germany
Austria
VAT on invoice
19 percent
11
Not applicable
Not applicable
Not applicable
Place of supply
Germany
VAT on invoice
19 percent
Not applicable
Not applicable
Not applicable
Place of supply
Japan
No change
VAT on invoice
0 percent
No change
No change
Not applicable
No change
Not applicable
No change
Not applicable
No change
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An option in the EU sales list transfer function will allow the user to specify if service items should
be included in the transfer or not. The user will mark this option for all EU sales lists in 2010, but
not 2009 sales lists.
Data from each invoice in the EU sales list transfer journal will be separated into an amount for
items and an amount for services.
Sales invoices, project invoices, and free text invoices will be included in the EU sales list transfer
journal.
Free text invoices can be for items or services. Current functionality does not allow a type to be
assigned to the line item. Therefore, we will have a dependency on the field commodity code. If
this field is filled in for the free text item, the system will assume that it is an item. If this field is
empty, the system will assume that it is a service.
For project invoices, the system will split the project invoice total into an amount for items
(including any related miscellaneous charges) and an amount for services (total invoice minus
item-related data).
Charges on the document header level will be split and added to the total for services and items in
the EU sales list in relation to the total of items and services in the invoice.
Microsoft Dynamics AX will allow local EU sales list reports to be created monthly, rather than
quarterly.
Microsoft Dynamics AX will allow local EU sales list reports to be formatted according to the
requirements of each member state.
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Figure 1
14
Microsoft currently offers local functionality (including EU sales lists) for the following countries:
Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Italy,
Latvia, Lithuania, Netherlands, Poland, Spain, Sweden, and United Kingdom.
For which versions will software updates be released?
Software updates will be released for Microsoft Dynamics AX 2009 SP1, Microsoft Dynamics AX
2009 RTM, and Microsoft Dynamics AX 4.0 SP2.
Why will software updates not be released for other versions?
Software updates are released for supported versions (in accordance with the Microsoft support
lifecycle policies).
How will I know when software updates are available for Microsoft Dynamics AX?
Software updates will be published on PartnerSource and CustomerSource for download.
I provide services to companies in other EU countries. How will the VAT Package changes
affect me?
You will need to report the value of services to these customers on your EU sales list (as long as
these services are taxable in the country/region of the customer). Prior to 2010, only the value of
goods was reported on the EU sales list. You may also be required to submit EU sales list monthly
rather than quarterly. Many countries will still allow quarterly reporting if the value of sales to
other companies in the EU is below EUR 100,000.
Will I have to change parameters in order to support the VAT Package changes?
Yes. Currently, many Microsoft Dynamics AX customers use the same VAT codes for both goods
and services. It is recommended that VAT codes be used for goods only, taxable services only,
and exempt services. New VAT codes should be created and tax groups should be updated with
the new VAT codes.
There will also be new parameters related to the EU sales list to include services and specify the
way in which the data in the EU sales list should be summarized (according to the different
requirements of each EU member state).
If I install updates prior to January 2010, will these adversely affect my ability to produce
the December 2009 EU sales list in January?
No. The update released in Rollup 3 will allow you to select whether services should be included in
the EU sales list. This should be unmarked before you create the last EU sales list for calendar
year 2009, and then marked prior to creating the EU sales list for the first reporting period in
calendar year 2010. For the updates that change the layout of reports or files, there will be an
option to select either the 2009 or 2010 version of the sales list.
Which scenarios will be supported within Microsoft Dynamics AX for the VAT Package?
Microsoft Dynamics AX will specifically support the provisions in the VAT Package related to VAT
calculation based on place of supply and EU sales list reporting obligations.
Which scenarios will not be supported within Microsoft Dynamics AX for the VAT Package?
No changes to functionality will be made to support the one-stop shop concept or the VAT refunds
provisions in the VAT Package.
What can I do between now and January to prepare for the new VAT Package rules?
There are several things that you can do now to prepare for the new VAT changes.
Install the update that allows services to be included in the EU sales list. This update is
included in Rollup 3 for AX 2009 SP1 and AX 2009 RTM or the hotfix for AX 4.0 SP2. These are
prerequisites for later updates that will contain country/region-specific changes to the EU sales
lists and/or VAT Declarations.
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If you do business with customers in other EU countries, ensure that you have accurate VAT
numbers registered on the customer cards in Microsoft Dynamics AX.
Ensure that all of your suppliers in other EU countries have your companys VAT number on
file.
Assess the types of services that your company provides to customers based in other EU
countries. Will all of your services be subject to the new place of supply rules? Determine if
any of your services will be subject to the exception rules. If in doubt, contact your accountant
or tax authority for further guidance.
Review your companys procedures for posting incoming invoices of services from suppliers in
other EU countries. Are you paying VAT of the suppliers country/region? Are you using 0
percent VAT? Are you currently accounting for VAT using reverse charge functionality?
Familiarize yourself with the procedures for handling reverse charge of taxes in Microsoft
Dynamics AX.
If you do not currently need to submit EU sales lists, start familiarizing yourself with existing
EU sales list functionality in Microsoft Dynamics AX.
Evaluate the existing VAT codes in use today. Prepare to create new VAT codes to differentiate
between goods and (taxable) services and (exempt) services. Determine whether it will be
easier to use the existing VAT codes for goods and then create new VAT codes for services, or
vice versa.
New VAT codes can already be created and assigned to the various tax groups. Remember to
set the effective date on the VAT codes to January 1, 2010.
Will I have to do any manual work on transactions by the end of December 2009?
It is highly recommended that you invoice as many open sales orders as possible before the end
of December. This will prevent the need to manually adjust open sales orders in January.
Will I have to do any manual work to change open orders on or after January 1, 2010?
If you have open sales orders to VAT-registered business in other EU countries, then you should
adjust the VAT calculations for service items. If you have previously applied your local VAT rate to
the service items, these should be replaced with 0-percent VAT rates. For open purchase orders,
you should change the VAT rates for service items from the expected rate of the vendor to a
reverse charge VAT rate.
How can I simplify determining which orders may need to be adjusted manually?
Standard filters can be used to display lists of orders that may need to be adjusted. Consider
filtering on fields such as sales tax group, VAT registration number, and country field in the
address.
Only sales of services that are taxable in the country/region of the VAT-registered customer
should be reported on the EU sales list I submit to my tax authority. How can I know
whether services I provide are taxable or exempt in each of the EU countries?
You will have to obtain that knowledge through sources such as your auditor, tax consultant, tax
authorities in the customers country/region, or the customer. Microsoft Dynamics AX cannot
determine this for you.
If a service is exempt in the country/region of the customer, what specifically should I do
in Microsoft Dynamics AX?
For items that are VAT-exempt in the customers country/region, 0 percent VAT should be applied
on the invoice. It is recommended that you use a different VAT code for VAT-exempt services than
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for taxable services, even though both rates will be 0 percent. This will allow you to mark the VAT
code for VAT-exempt services as not included on the EU sales list.
What will happen if I include VAT-exempt services on my EU sales list declaration?
This is unclear. It is unlikely that the tax authority in your country/region will know whether the
service is taxable or exempt in the other countries. When in doubt, it would be safer to include the
service in your EU sales list than to exclude it.
The VAT Package directive mentions that the tax point for services to other EU member
states should be when the services are carried out. This is different than for goods, for
which the tax point is when the goods are invoiced. How is this difference handled in
Microsoft Dynamics AX?
We will continue to rely on the invoice as the tax point for listing sales to customers in the EU on
the EU sales list and for declaring reverse charge VAT on purchase invoices from suppliers in other
EU countries. There are many complications that cause compliance with this new rule to be
difficult. Tax authorities in two EU member states have announced that they will not enforce this
rule and will continue to rely on the invoice as the tax point. The rest of the EU member states
have not yet provided any guidance on this issue. We will continue to monitor this situation across
the EU. Should one or more countries require adherence to this rule (and provide clear guidance
on how to comply with it), then we will reassess the situation and release updates at a later date.
My company uses the project module to invoice services. Will these invoices be included in
the EU sales list? How will the amounts on project invoices be split between services and
goods?
Project invoices include different types of amounts (item, service item, hours, fees, expenses).
Existing functionality takes the total of a project invoice and subtracts the total of lines of type
service items (including miscellaneous charges).
In order to support the VAT Package for 2010, this functionality will change. The changed
functionality will take the total of a project invoice and calculate the total of all lines of type item
(including any related misc charges) and put that into the value items field in EU sales line. The
rest (invoice amount minus item related amounts) is the service-related part of that invoice and
will be written into the new field Value services.
My company uses the service management module. Will these invoices be included in the
EU sales list?
Yes. The service management module posts either normal sales invoices or project invoices. Both
of these are included in the totals for EU sales lists.
What is meant by electronic services?
The term 'electronic services' is clarified in an annex to Council Directive 2002/38/EG of May 7,
2002. According to this annex, electronic services include:
Web site supply, Web hosting, and remote maintenance of programs and equipment.
Supply of music, films, and games, including games of chance and gambling games, and of
political, cultural, artistic, sporting, scientific, and entertainment broadcasts and events.
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Is there anything to consider when upgrading to the next version of Microsoft Dynamics
AX?
For the next major release of Microsoft Dynamics AX, the EU sales list transfer process will be
changed. Rather than depend on whether an item is a good or service, we will use the VAT code to
determine whether the amount should be included in the goods or services amount. To ease the
upgrade process, it is highly recommended that users create separate tax codes for goods, for
taxable services, and exempt services when preparing for the VAT Package changes in AX4 and AX
2009.
References
1. KPMG: VAT Package. Are you ready for 2010?
http://www.kpmg.ie/clientseminars09/VATPackageJune09.pdf
2. Press Release. VAT package: Commission welcomes adoption by the ECOFIN Council of new rules
on the place of supply of services and a new procedure for VAT refunds:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/208&format=HTML&aged=0&lan
guage=en&guiLanguage=en
3. Deloitte: VAT Directive Booklet:
http://www.deloitte.com/dtt/cda/doc/content/dtt_tax_poss_vatdirective.pdf
4. Deloitte: Overview of the new rules
http://www.deloitte.com/dtt/article/0,1002,sid%3D2959%26cid%3D259057,00.html
5. Council Directive 2008/8/EC of February 12, 2008, amending Directive 2006/112/EC in terms of
the place of supply of service: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:044:0011:0022:EN:PDF
6. Council Directive 2008/9/EC of February 12, 2008, setting out detailed rules for refund of value
added tax, provided for in Directive 2006/112/EC, to taxable persons not established in the
Member State of refund but established in another Member State: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:044:0023:0028:EN:PDF
7. PriceWaterhouseCoopers Webcast VAT Package 2010:
http://www.pwcwebcast.co.uk/dpx_live4/dpx.php?dpxuser=dpliv_ukpwc&cmd=autoplay&type=sol
o&pres=187
8. Vertex: Taxation Inside-Out: The VAT Package: Assessing Readiness for 2010
http://www.vertexinc.com/AICPA/content/July_2008/VAT_Package_Headline_0708.pdf
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APPENDIX A
Overview of VAT 2010 requirements in each
country/region
Local
Legislature
Status
Draft specs
available
from tax
authority?
Expected
changes to
EU Sales
List?
Expected
changes to
VAT
Declaration?
Microsoft
Dynamics AX
Progress
Type of EU Sales
List(s) Required
Type of VAT
Declaration(s)
Required
Austria
Final
Yes
Yes
No
In development
Paper report +
XML file
Paper report +
XML file
Belgium
Draft
Yes
Yes
Yes
Draft spec in
process
Czech Republic
Draft
No
Yes
Yes
Paper report +
XML file
Paper report +
XML file
Pending
No
Yes
Unknown
Paper report +
XML file
Paper report +
elec. filing (new)
Paper report +
XML file
Draft
No
Yes
Unknown
Paper report
Paper report
Paper report
Paper report +
XML file
Paper report
Paper report +
XML file
Paper report +
direct submission
XML
Country/Region
Denmark
Estonia
Draft spec in
process
Paper report
Finland
Pending
Yes
Yes
Yes
France
Draft
No
Yes
Yes
Germany
Final
Only VAT
Declaration
Yes
Yes
Hungary
Draft
No
Yes
Unknown
Italy
Pending
No
Yes
Unknown
Paper report +
XML file
Paper report +
elec. Filing (new)
Paper report +
ASCII file
Latvia
Pending
No
Yes
Unknown
Paper report
Paper report
Lithuania
Draft
No
Yes
Unknown
Netherlands
Draft
Yes
Yes
No
Paper report
Paper report +
direct submission
XML
Paper report
Paper report +
direct submission
XML
Poland
Pending
No
Yes
Unknown
Paper report
Paper report
Spain
Draft
No
Yes
Unknown
Paper report +
ASCII file
Paper report +
ASCII file
Sweden
Draft
Yes
Yes
No
Draft spec in
process
Paper report
Paper report
United
Kingdom
Yes
Yes
No
In test
Paper report +
XML file
Paper report
Final
Draft spec in
process
Draft spec in
process
Paper report
Paper report +
ASCII file
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