Finance Office. Place of supply of rules

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1 Finance Office Place of supply of rules

2 Contents 1. Introduction 2. Sales - Supply of services 2.1 Business or Consumer 2.2 Place of belonging 2.3 General rules 2.4 Exceptions applying to the general rules 2.5 Place of supply Business to Business 2.6 EC Sales list 2.7 Place of supply Business to Consumer 3. Purchases Reverse Charge 3.1 Goods 3.2 Services

3 1. Introduction For VAT purposes, the place of supply of services is the place where a service is treated as being supplied. This is the place where it is liable to VAT, if applicable i.e. if the supply is exempt from VAT then no VAT will be charged. Generally education is an exempt supply in and outside the UK. In summary, if the supply is taxable at the standard or reduced rate of VAT, the University or subsidiary company should take the following steps to determine if VAT is to be applied to an invoice: Identify who the service is supplied to Business or Consumer (non business), Determine place of belonging, Determine if the supply falls into the exemptions applying to the general rules, if not follow the general rules to confirm place of supply, Apply VAT as required. 2. Sales Supply of services 2.1 Business or Consumer A business is considered to be a company or organisation whose activities are wholly of a business nature. It also includes supplies to entities which have both business and non-business activities such as charities and government departments. A consumer is considered to be a private individual, a charity, government department or other body which has no business activities, or a person who receives a supply of services wholly for private purposes. 2.2 Place of belonging You belong in the UK for the purposes of either making or receiving supplies of services when any of the following apply: you have a business establishment or some other fixed establishment in the UK and none elsewhere, you have a business establishment in the UK and fixed establishments in other countries, but the UK establishment is most directly connected with making or receiving the supplies in question, you have a fixed establishment in the UK and a business establishment and/or fixed establishments overseas, but the UK establishment is most directly connected with making or receiving the supplies in question, or you have no business or fixed establishment anywhere, but your usual place of residence is the UK. The business establishment is the principal place of business and is usually the head office, headquarters or seat from which the business is run. There can be only one such place which may be an office, showroom or factory. A fixed establishment is an establishment other than the business establishment, which has the technical and human resources necessary for providing or receiving services permanently present. A business may have several fixed establishments, which may include a branch of a business or an agency. 2.3 General rules There are two general rules for the place of supply of services, one for business to business (B2B) and one for business to consumer (B2C) supplies:

4 Business to Business Place of supply of your services = place where the business customer belongs for the purposes of receiving the supply. If the customer belongs outside the UK, no UK VAT is charged. Business to Consumer (Non Business) Place of supply of your services = place where you, the supplier belong for the purposes of making your supply. If you belong in the UK you must account for any UK VAT due no matter where your customer belongs. 2.4 Exceptions applying to the general rules There are a range of services where exceptions apply to the general rules in section 2.3. These include: Land the place of supply is always where the land is based and the University should charge VAT in the country where the land that they are supplying services on/ for is based. From 1/1/2011 cultural, artistic, sporting, scientific, educational or entertainment services and any services ancillary to such services, the place of supply to business customers is where the business customer is belongs rather than where performed. From 1/1/2011 cultural, artistic, sporting, scientific, educational or entertainment services and any services ancillary to such services, the place of supply to non business customers is where the activity takes place. From 1/1/2011 the place of supply relating to the admission to exhibitions, conferences or meetings in respect of the above and any services ancillary to such services, is where the event takes place. e.g. if the supply takes place in the UK, charge UK VAT 2.5 Place of supply - Business to Business (B2B) For most services provided by the University and subsidiary companies (such as consultancy and research) provided to VAT registered businesses, the place of supply will be treated as where the business customer belongs for the purposes of receiving the supply. This relates to business customers based inside and outside the EC. Where the place of supply of services is in the UK, you must charge any UK VAT due and account for it to HMRC. Where the place of supply of services is in a Member State of the EC that is not the UK, that supply is subject to the VAT rules of that Member State and are said to be outside the scope of UK VAT. Where the place of supply of services is outside the EC, that supply is made outside the EC and such supplies are said to be outside the scope of both UK and EC VAT. Therefore if the University or GCUC Ltd supplies B2B services to a customer belonging to an EC member state for the supply, and the supply is taxable at the standard or reduced rate of VAT (i.e. not exempt or zero rated) no UK VAT will be charged however the entry will be included on the EC sales list. Currently there are twenty-seven member states of the (EC): Country Code Country Code Austria AT Latvia LV Belgium BE Lithuania LT Bulgaria BG Luxembourg LU Cyprus CY Malta MT

5 Country Code Country Code Czech Republic CZ Netherlands NL Denmark DK Poland PL Estonia EE Portugal PT Finland FI Romania RO France FR Slovakia SK Germany DE Slovenia SI Greece GR Spain ES Hungary HU Sweden SE Irish Republic IE United Kingdom GB Italy IT 2.6 EC sales list The EC sales list records the supply of goods and services to businesses registered for VAT in other EC Member States, or services that are subject to the reverse charge in the customer s Member State. The information provided on the EC sales list is used by other EC Member States to ensure that VAT has been correctly accounted. The Finance Office will prepare the EC sales list for the University and GCUC Ltd. If you are raising an invoice to a business customer in the EC, information that is required to be passed to Finance with your sales invoice request is: 1. Customers VAT registration number 2. Total value of supplies in GBP 3. Whether the invoice is for the supply of services or goods. Please mark ECSER or ECGOODS. This will allow Accounts Receivable to zero rate the invoice in Oracle. 4. If you know that your supply is exempt then it is not subject to the reverse charge and does not go on an EC sales list. Education is usually exempt in all Member States so not including education supplies on the EC Sales list is the approach to take. 2.7 Place of supply - Business to Consumer (B2C) For most services provided to consumers (non business customers), the place of supply of your services is the place where you, the supplier belongs for the purpose of making the supply. As the University and subsidiary companies belong in the UK and if the supply is taxable or at the reduced rate of VAT, VAT must be accounted for no matter where the customer belongs. 3 PURCHASES 3.1 Goods The purchase of goods from other EC member states is EC Acquisitions. Invoices should not include VAT as the invoices received should have been zero rated by the supplier on receipt of the University s or GCUC Ltd s VAT number. Invoices containing VAT should be returned to the supplier for correction.

6 The University or subsidiary company must however account for VAT. If the supplier is in the EC, Accounts Payable must include the narrative ECGOODS and if the supplier is outside the EC include the narrative RoWGOODS when posting the VAT element of the invoice to Oracle. With regards the University, the VAT is irrecoverable and will be charged to the original account to which the purchase was charged (Dr I&E, Cr Vat control account). With regards GCUC Ltd, the VAT can be recovered and the VAT will not therefore be charged to the I&E (Dr & Cr VAT control account). For goods acquired and imported from outside the EC, VAT is paid at port of entry. 3.2 Services For the purchase of services from companies/ organisations outside the UK the place of supply is generally where the customer i.e. the University or subsidiary company belongs. The supplier should not charge overseas VAT however the University or subsidiary company is required to account for any UK VAT due. VAT will therefore be charged on the invoice at the UK standard rate under the Reverse Charge of VAT. If the supplier is in the EC, Accounts Payable must include the narrative ECSER and if the supplier is outside the EC include the narrative RoWSER when posting the VAT element of the invoice to Oracle. With regards the University, the VAT is irrecoverable and will be charged to the original account to which the purchase was charged (Dr I&E, Cr Vat control account). With regards GCUC Ltd, the VAT can be recovered and the VAT will not therefore be charged to the I&E (Dr & Cr VAT control account). VAT exemption certificates can be obtained for the acquisition of certain goods if they are used for medical research, charity advertising and disabled construction services.

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