A Beginners Guide to Understanding EU VAT

Transcription

1 A Beginners Guide to Understanding EU VAT

2 CONTENTS Executive Summary...3 Understanding VAT...4 Registering for VAT...7 VAT Returns...15 Importing Goods into the EU...18 VIES...20 Working with Avalara...21 About Avalara...24 Page 2

3 EXECUTIVE SUMMARY Value Added Tax (VAT) Management has long been a source of complexity and exposure for many businesses. Business systems typically do not sufficiently manage the idiosyncrasies of international VAT, resulting in a reliance on labour intensive manual processes and a continual struggle with ever changing mandates in both the UK and EU. VAT compliance usually involves considerable activity from many finance and tax professionals across the organisation, whose talents could be better placed in your business to reduce risk, facilitate growth, drive efficiency and increase profitability. Managing VAT as businesses expand internationally can be incredibly complex and an unnecessary distraction from core business. Many companies face stringent VAT compliance requirements as they commence trading abroad. Whether providing goods and services across international borders, shipping products to an overseas warehouse or fulfilment centre, providing digital services to other businesses and consumers, or a host of other scenarios, they likely have a VAT burden. Getting it wrong can be expensive. Did you know: VAT and GST rates vary greatly around the world. In Europe, standard VAT rates range from 15%-27%. Companies may need to charge VAT even if they have no business presence in a country that has VAT. Penalties for non-compliance can be punitive: the maximum penalty in Italy is 100% of the error. In addition, tax authorities typically do not inform businesses of a transgression immediately but nevertheless impose daily compound interest on the penalty. Many countries now hold senior accounting officers personally liable for the company s unpaid tax. It s no wonder that more and more businesses are looking for help managing VAT compliance. But a new survey conducted by Avalara of over 50 multinationals revealed that 80% of organisations still rely on Excel for international VAT reporting, while almost a quarter (22%) must employ more than 20 staff to handle the growing indirect tax compliance requirements. This document outlines key concepts to be carefully managed by international sellers growing their business, but it is no alternative to discussing your business in more detail with one of our dedicated experts. Avalara has solutions to help you better manage your VAT process, either in-house using technology, or through our Managed Returns Service. Page 3

4 UNDERSTANDING VAT Introduced to the UK in 1973 by Lord Barber, VAT began as a simple 10 per cent tax on most goods purchased from a business. VAT rates have varied since then, both in the UK and abroad, and average VAT rates have risen from around 17 per cent to 21 per cent over the last two decades. Growing international trade, aided of course by the rise of internet shopping, has presented new challenges in managing compliance complexity. Organisations without efficient, automated tax compliance processes can easily waste hundreds of hours managing this manually, and potentially face fines and penalties if they get it wrong. Rates, requirements and regulations change often, and particular complexities in individual countries can easily trip up businesses. EU VAT DIRECTIVE The rules governing the European common system Values Added Tax on goods and services are contained within the EU VAT Directive called the Council Directive 2006/11/EC (often referred to as the 6th Directive). It was created by the European Commission in Brussels, and all 28 EU member states are obliged to incorporate it into their local VAT laws although there are optional elements and opportunities to derogate from the Directive. The Directive provides the framework for determining EU VATs: the scope; place of supply; tax point; taxable amount; VAT rate; compliance obligation; exemptions; taxable persons; and a range of special schemes. The main areas covered by the Directive are summarized below. Scope: Transactions carried out for consideration in the territory of a Member State by a taxable person acting in that capacity are subject to VAT. Imports by any person are also subject to VAT. This includes the import of goods into the EU, and intra-community acquisitions by companies across EU internal borders. EU VAT applies to all 28 member states (with certain regional exceptions). It is applied to all taxable persons, corporate bodies and individuals, carrying out regular supplies, which typically exempts public offices, government etc. The supply of goods is the transfer of the right to use and dispose of tangible property as its owner; all other transactions are regarded as the supply of services. The import of goods into free circulation with the EU is also considered a taxable supply and liable to import VAT. Page 4

5 UNDERSTANDING VAT Place of supply: It is important to determine the place of supply of goods or services to understand which countries VAT rules apply to the transaction. For goods, the place of supply is: The location at the time of supply Where goods are delivered, the place of supply is the point of the start of the journey. However, for intra-community supplies, the place of supply is where the customer is located. For imports, the place of supply is the country where the goods cleared into free EU circulation. The place of supply of electronic services is the location of the customer, although rules for understanding where the customer is located can be complicated. EU VAT Compliance For businesses with EU VAT registration providing taxable supplies of goods or services, there are a number of requirements to ensure full compliance with European VAT regulations. VAT registration Companies providing taxable supplies must register for VAT and obtain a valid, unique VAT number. Registration may be required in other EU member states where they buy and sell goods, which provides a valid VAT number against which they can record all transactions. VAT invoices Companies are obliged to produce compliant VAT invoices for most B2B transactions and some B2C transactions (such as distance sales). Articles of the VAT Directive stipulate the invoicing rules. Basic invoicing data required includes: Date Name and address of the supplier and their VAT number Name and address of the customer Unique and sequential invoice number Description, including quantity if applicable, of the goods or services VAT rate applied Net, VAT due and gross value of the supply Details of any discounts Page 5

6 Specific invoice messages (in English or in the local language, citing the Directive or local country article) for zero rated transactions to explain why they are zero Many countries increase the basic invoice disclosure requirements from the above. For example, they could require the seller to list their company registration number and address. Countries also stipulate the length of time a company must store hard copies of invoices. In Europe, this typically ranges from five to ten years. VAT accounting Records Businesses are required to maintain full accounting records to support their VAT transactions. For the most part, companies local accounting records are sufficient. However, some countries VAT accounting demands can prove challenging, e.g. Italy and Hungary. VAT returns To report the vatable transactions undertaken by a business, periodic VAT returns are required. This report needs to include totals for intra-community supplies. All of the EU member states have different return forms and set their own reporting calendar. Most countries pick either monthly or quarterly reporting, typically depending on the volume of trade, and some countries also require an annual return (e.g. Germany and Italy). Many countries now permit or even oblige companies to file online. Intrastat Governments rely on Intrastat reporting to measure the health of their economies and specifically monitor their balance of trade position. VAT registered companies are required by the EU to remit monthly or quarterly Intrastat reports, separately listing all B2B intra-community supplies of goods and services. Reports must include sales (dispatches) and purchases (arrivals) of goods across EU borders, as well as supplies to the company itself. It is not necessary to report sales direct to consumers, B2C. There are separate Intrastat reporting thresholds for EU countries. Page 6

7 REGISTERING FOR VAT WHEN DO COMPANIES HAVE TO REGISTER FOR AN EU VAT NUMBER? Even with all the discussion surrounding harmonising the European VAT system, it is still up to interpretation by each country. The variation in thresholds and the handling of e-services indicate that local autonomy still plays a large part in decisions within each state. That said, the requirements to register for a VAT number should be the same in each country. Typical instances where a foreign trader is required to register for a local VAT number include: Buying and selling goods in another country Importing goods into an EU country, which can include moving goods across national borders within the EU Holding goods for customers in warehouses or on consignment stock in other EU countries Holding a live conference, exhibition or training if there is paid entrance Selling goods to consumers over the Internet or through catalogues (distance selling) Supplying and installing equipment in a limited number of situations Providing services in very limited number of situations (following the 2010 VAT Package reforms) Generally, non-resident companies must register for VAT immediately. There are different VAT registration thresholds for resident companies, and for ecommerce companies, which have a special distance selling VAT registration threshold regime. DOMESTIC EU VAT REGISTRATION THRESHOLDS Generally, non-resident (no permanent establishment) businesses that must register for VAT in another EU state face a nil registration threshold. A major exception to this rule is ecommerce sellers to consumers, which face special EU distance selling VAT thresholds. Below is a summary of the 2016 VAT registration annual thresholds for resident companies in the 28 EU member states, plus Norway and Switzerland. Page 7

8 2016 VAT registration annual thresholds COUNTRY VAT Registration Threshold Austria 30,000 Belgium 15,000 Bulgaria BGL 50,000 Croatia HRK 230,000 Cyprus 30,000 Czech Republic CZK 1 Million Denmark DKK 50,000 Estonia 16,000 Finland 10,000 France 32,600 Germany 17,500 Greece 10,000 Hungary HUF 6 Million Ireland Goods 75,000 Ireland Services 37,500 Italy 60,000 Latvia 50,000 Lithuania 45,000 Luxembourg 25,000 Malta nil Netherlands 1,345 Norway NOK 150,000 Poland PLZ 150,000 Portugal 12,500 Romania ROL 220,000 Slovakia 49,790 Slovenia 50,000 Spain NIL Sweden NIL Switzerland CHF 100,000 UK 83,000 The information above is correct at time of creation. For the latest information visit: Page 8

9 DISTANCE SELLING EU VAT RULES The explosive growth of sales to European consumers via the Internet distance selling is huge. Ecommerce is set to account for over 20% of retail sales in the EU within a few years. Internet retailers must understand VAT liabilities and charges in each EU state. Failure to do so will leave any online retailer exposed to investigations and potential fines. Businesses selling goods to consumers in other countries generally have an obligation to charge and collect local consumption taxes. The EU has created a special regime, known as Distance Selling, to simplify the VAT administration and burden as far as possible to encourage free trade in the zone. The basic rules are as follows: 1. Retailers may initially sell to private individuals under their local VAT number at their home VAT rate. For example, an Italy retailer sells handbags at 22% to German customers instead of German VAT at 19% 2. Once they pass a country s distance selling annual threshold, they must register as a non-resident VAT trader in the country. Continuing the example: if the Italian retailer sold more than 100,000 worth of goods in Germany, Germany s VAT would apply. 3. They then continue to sell, charging the local VAT. In the example, this would mean the Italian company charges Germany s 19% VAT, which is payable to the German tax authorities through a German VAT return. Since VAT is a tax on the final consumer, countries expect businesses to register with them and charge and collect their local VAT. Note, there are no distance selling thresholds for electronic or digital services to consumers under the new 2015 VAT rules. To help reduce the administrative burden on companies, and to encourage them to start trading across Europe, there are national VAT registration thresholds set by each country. If a foreign company is selling below these thresholds, it does not need to VAT register. Once over these limits, it must apply for a number. Page 9

10 Annual EU Distance Selling Thresholds COUNTRY VAT Registration Threshold Austria 35,000 Belgium 35,000 Bulgaria BGN 70,000 Croatia 35,000 Cyprus 35,000 Czech Republic CZK 1,140,000 Denmark DKK 280,000 Estonia 35,000 Finland 35,000 France 35,000 Germany 100,000 Greece 35,000 Hungary HUF 8,800,000 Ireland Goods 35,000 Ireland Services 35,000 Italy 35,000 Latvia 35,000 Lithuania 35,000 Luxembourg 100,000 Malta 35,000 Netherlands 100,000 Poland PLN 160,000 Portugal 35,000 Romania ROL 118,000 Slovak Republic 35,000 Slovenia 35,000 Spain 35,000 Sweden SEK 320,000 UK GBP 70,000 The information above is correct at time of creation. For the latest information visit: Page 10

11 HOW DO COMPANIES GET A EUROPEAN VAT NUMBER? Once the obligation to VAT register has been established, the process can begin. As a start, companies must be VAT (EU companies) or tax (non-eu companies) registered. They are then required to complete and submit a local VAT registration form, along with supporting documentation. The application form more often than not is in the local language. EU countries have become increasingly reluctant to provide document translations as these can create misunderstandings. Companies are required to provide the following supporting documentation when registering for local VAT: Proof of VAT or tax registration in its country of domiciliation An original copy of the certificate of incorporation of the company A copy of the company s Articles of Association An extract from the national company registrar as proof of existence Proof of the planned trade (e.g. contracts or invoices) A Letter of Authority or Power of Attorney (if the company is appointing a local tax agent or Fiscal Representative) Each country requires additional documents. For example, Spain requires a statement confirming that the company does not have a permanent establishment in Spain. Following the submission of the application, it takes 2-8 weeks to receive a VAT number, depending on the country. The tax authorities may well ask further questions, specifically to try to prevent VAT fraud. Some countries will not give a full VAT number Foreign companies looking for a VAT number may face additional requirements in certain countries. They may be given a local tax number, which only permits VAT on local transactions. This is not registered on the VAT Information Exchange System, or VIES (more details below), and so does not permit intra- Community trade. In this case, additional correspondence is required to get a full VAT number. Page 11

12 What happens after an EU VAT number is received? Once the company has received the VAT number, it is free to start trading and charging VAT on its foreign transactions. Each EU member country has a slightly different format for their VAT number system, featuring a variation of numbers and letters. It is important that companies take close care in using the correct format as the numbers are frequently checked against the VIES system, and errors may create delays or even fines. Country codes, two letters, are inserted before the VAT number if the company is using the number for the purposes of intra-community trade: EU Country Country Code VAT Number Format Austria AT U Belgium BE Bulgaria BG characters The first character is always a U 10 characters Prefix with zero 0 if the customer provides a 9 digit VAT number 9 OR 10 characters Croatia HR characters Cyprus CY X Czech Republic CZ characters The last character must always be a letter 8, 9, OR 10 characters If more than 10 characters are provided delete the first 3 Denmark DK characters Estonia EE characters Finland FI characters France FR X X XX characters May include alphabetical characters (any except 0 or 1) as first or second or first and second characters Germany DE characters Greece EL characters Page 12

13 EU Country Country Code VAT Number Format Hungary HU characters Ireland IE WA (companies) FA (individuals) 8 or 9 characters Incudes one or two alphbetical characters (last, or second and last, or last 2) Italy IT characters Latvia LV characters Lithuania LT OR 12 characters Luxembourg LU characters Malta MT characters Netherlands NL B01 12 characters The 10th character is always B Poland PL characters Portugal PT characters Romania RO characters Slovakia SK characters Slovenia SI characters Spain ES X X X X 9 characters Includes 1 or 2 alphabetical characters (first or last or first and last) Sweden SE characters United Kingdom UK characters Page 13

14 Once registered, a business is then obliged to follow the rules on EU VAT Compliance, as well as complete regular EU VAT Returns. VAT rates differ per EU country, with standard rates ranging from 17% to 27% and multiple reduced rates between 0% and 18% for certain product types. EU COUNTRY Standard Rate EU COUNTRY Standard Rate Austria 20% Italy 22% Belgium 21% Latvia 21% Bulgaria 20% Lithuania 21% Croatia 25% Luxembourg 17% Cyprus 19% Malta 18% Czech Republic 21% Netherlands 21% Denmark 25% Poland 23% Estonia 20% Portugal 23% Finland 24% Romania 20% France 20% Slovakia 20% Germany 19% Slovenia 22% Greece 23% Spain 21% Hungary 27% Sweden 25% Ireland 23% United Kingdom 20% Page 14

15 VAT RETURNS Once registered for VAT in any EU country, businesses are required to complete VAT returns. These declare any VAT transactions and applicable taxes and indicate the VAT due or refundable. HOW SIMILAR ARE VAT RETURNS ACROSS THE EU? VAT Returns vary considerably from country to country. Differences include: The number of boxes on returns varies from 6 on the Irish return to 587 on the Italian return The language of the return is the language(s) of the country in question The submission format of the electronic file is different for each member state Direct electronic submission may or may not be permitted The use of ECB exchange rates may be required WHAT GOES INTO AN EU VAT RETURN? All 28 EU member states have their own formats for VAT returns. Some basic key requirements include: Sum of all taxable transactions (sales and purchases) at net value VAT charged on all taxable sales and purchases (includes standard rate VAT and reduced rate VAT) Value of goods with nil VAT based on intra-community supplies, separately showing dispatches and arrivals from other EU countries Net VAT due HOW OFTEN ARE VAT RETURNS SUBMITTED? EU Member States are free to set their own calendars for VAT return reporting. Countries typically follow the formats below: Monthly reporting is the most common cycle. With the growing problems of VAT fraud, countries are increasing the number of foreign companies on monthly reporting. Quarterly reporting is the majority of other situations. Annual reporting is required in addition to monthly or quarterly reporting in certain countries, e.g. Italy. Other countries may only require a single annual return if there is very limited activity e.g. Germany. Page 15

16 Reporting on an activity basis. This is very rarely allowed (e.g. France) for companies with irregular trading. WHAT ARE THE DEADLINES FOR VAT RETURNS? Again, countries may set their own reporting deadlines for their returns. Germany, for example, requires VAT filings within 10 days of the reporting period end. Most other countries expect returns by the 20th of the month following the end of the return period. MAKING VAT FILINGS AND PAYMENTS Increasingly, EU countries are now requiring electronic filing via the internet. Whilst one or two countries do provide English-language returns and online portals, the majority are in the local language. Most countries expect immediate payment of any VAT due. This can be done by international bank transfer. In some countries, a local bank account may be more practical, e.g. Romania. VAT RETURNS AND INTRASTAT FOR E-RETAILERS Once VAT registered in a new country, there are EU VAT compliance regulations to follow. These include ensuring invoices are issued according to local laws. Regular VAT returns have to be submitted to the respective country/ies. In addition to VAT returns, retailers may also be required to complete separate Intrastat filings. These detail the movement (dispatched) of the goods from their home state to the state of their customer. They are only required once the value of the goods surpasses a certain threshold. TRIANGULATION AND REDUCING EU VAT REGISTRATIONS When the European Union single market was created, and the current EU VAT system implemented, one particular trading scenario was identified as needing simplification to avoid forcing companies to register multiple times for cross border trade: triangulation. Page 16

17 Example of EU VAT Triangulation Triangulation occurs when three companies in three different EU countries are involved in a single supply of goods. For example: a French company with a French VAT registration sells goods to a German customer, but the French company first has to buy the goods from a Spanish supplier, who then ships directly to the Germany customer. This would require the French company to VAT register itself in Spain for Spanish VAT to record the purchase and onward dispatch (sale) to the Germany customer (The French company could also register for Germany VAT to do the same). To avoid this scenario, the triangulation simplification exemption was created within the EU VAT law. It is implemented across all member states so that, in situations like the one described above, the French company does not have to register for VAT in Spain. Rules for Triangulation Simplification To avoid triangulation, the three parties must be resident in three separate EU member states: 1. The Spanish supplier issues a sales invoice with its VAT number to the French company with no VAT charge, as this is a regular intra-community dispatch of goods. 2. The German customer now becomes responsible for recording the arrival of goods into German as an intra-community supply (thus shifting the reporting from the French company). 3. The French company includes the acquisition and despatch with a T market in its filing. Other countries have similar notifications, for example, in the UK 2 is used in the filing. How to handle the Intrastat and EC Sales Lists The French company will need to report the sale to the German customer in its French EC Sale List / DEB. All triangulation sales in a month/quarter are generally reported as a single line transaction by the customer. It is important not to mix regular sales from triangulated sales. For Intrastat, the Spanish supplier shows the despatch, and the German customer shows the arrival of the goods. In most countries, there is no need for the French company to declare any movement of goods, as they did not pass through France. Page 17

18 IMPORTING GOODS INTO THE EU If your company is importing goods into the European Union ( EU ), then it will face complex and varying rules on VAT compliance and charging. Rules depend on the type of goods, the countries involved and their local rules, and whether or not all the parties in the chain are VAT registered. Below are some if the issues companies need to consider. First of all, is the transaction an import or intra-community supply of goods? Import or Intra-community Supply? Imports charged with VAT For the purposes of EU VAT and customs, bringing goods into the EU for the first time from a non-eu country is termed an import. Generally, the country of arrival will look to charge its standard VAT rate (e.g. Germany at 19%) on the import transaction. The rate must be settled prior to the release of the goods from customs. The goods are then in free circulation and may be stored and sold or sent to another EU country. IZero-rated intra-community supplies If you are selling or moving goods from one EU country to another, then you will not have to charge any VAT. However, a number of important criteria must be met: Both parties in the transaction must have a valid VAT number. You must check your foreign customer s VAT number with the EU VIES. You must note your customer s VAT number on your sales invoice. You must have documentary proof (e.g. goods transport documentation) of the movement of the goods across the border. The goods must leave the country within a set time typically three months. If these conditions are not met and then irregularities arise, the tax authorities may find you liable for any missing VAT. If your customer does not have a valid VAT number, or you are selling to individual consumers, then you must charge the VAT rate of the country of dispatch. Page 18

19 DO YOU NEED AN EU VAT NUMBER OR REGISTRATION TO IMPORT GOODS? Probably. The tax authorities will want to record any movement of goods, and potential tax liability, against a unique VAT number held by a company. This includes both imports and intra-community supplies. If you are importing goods into the EU, customs will require either you or your customer to provide a valid EU VAT number. Typically, since you will not want to disclose the customs cost value of the goods to your customer for commercial reasons, it is better for you to provide the VAT number. In addition, many customers now insist on goods being fully cleared for VAT purposes. This then obliges you to provide a valid VAT number, or to register for one if you do not have one. Companies should be careful about incurring import VAT without having a valid EU VAT number. A number of countries (e.g. Italy and Poland) can make the process of recovering any VAT paid to customs very complicated and slow. WHAT IF YOU DO NOT HAVE A VAT NUMBER IN THE COUNTRY OF IMPORT? You can use your domestic VAT number if you are an EU company from a different state than the country of import or intra-community arrival. However, there may be circumstances when this is not valid. For example, if a French company imports into Germany and then sells locally, it may need a Germany VAT registration. If it had moved the goods to Spain, it may not have needed a Spanish VAT number. If you are a non-eu company, then you will almost certainly have to register your non-eu company as a non-resident VAT trader in at least one EU country. Some countries do operate special schemes to help imports avoid this requirement (e.g. Netherlands), and/or provide VAT cash flow deferment programs (e.g. Czech Republic). Page 19

20 VIES The VAT Information Exchange System (VIES) is a free online service that enables companies to verify that businesses they are trading with are properly VAT registered. EU VAT number checking is a requirement for all companies; if not completed, it can trigger investigations and heavy fines. European Online VIES To help trading companies comply with this requirement, all EU member states have created databases of companies within their countries that are VAT registered, which are shared on the European s online VIES system. Traders can visit this site to check that their customer has the VAT number claimed, and the intra-community supply can go ahead without a VAT charge. VIES VAT Number Checking Traders with a valid VAT number can log onto the VIEW site to check the validity of any European VAT number. However, the VIES site does not confirm the name or address of the business in all member states. Follow this link: National Variations in VIES Whilst most countries participate in the above system, there are some variations, including: German VIES which is for German tax registered users only Italian VIES which only holds Italian VAT numbers Spanish VIES which only holds Spanish numbers Some other countries still only offer a telephone checking service. HOW TO DEREGISTER ON EU VIES DATABASES For most countries, receiving a VAT number will automatically trigger entry on the relevant country s VIEW register. There are exceptions, which mandate additional work at the time of registration, or subsequently when the authorities are willing to accept the company. Variations are due to fears of fraud in the EU VAT system around intra-community supplies. Germany, Italy, Spain and Austria may require additional proof. Page 20

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