The Vagaries of International VAT Including the Recent Introduction of MOSS! Melanie Lord, VAT Specialist Streets Chartered Accountants

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1 The Vagaries of International VAT Including the Recent Introduction of MOSS! Melanie Lord, VAT Specialist Streets Chartered Accountants

2 VAT Issues & Concerns Relating to International Trade Agenda 1. Different treatment of the supply of goods -v- services 2. How the rules work & difficult areas 3. Distance selling rules 4. Special rules for electronic transactions incl. MOSS

3 What are the Main Issues? Common market yet different rules state to state Place of supply differences Simplification measures Liability to register for VAT elsewhere Documentary burden = exposure Relief applied on absolute basis

4 In Essence International means special rules Can mean uncertainty Potentially costing you: Time Money Nervous energy

5 KEY Wise Men

6 Different Treatment of the Supply of Goods -v- Services Goods Location of goods when sold But B2B -v- B2C can differ Beware multi-party chains V Services Where recipient belongs But B2B -v- B2C differ + Exceptions

7 How VAT Applies to Goods i. Place of supply = where title passes ii. iii. iv. Installation sourced goods outside UK Consignment -v- Call-off stock Multi-party transactions Can mean non-uk VAT registration v. B2B reverse charge mechanism

8 How VAT Applies to Goods i. Triangulation ii. iii. iv. B2C = + UK VAT unless Distance Selling Statistics - ESL & Intrastat Evidence is key

9 Place of Supply of Goods UK = UK VAT Non-UK Outside the scope but inside other VAT regime? Look at: Where title passes Who arranges transport

10 Installation Cross-EU simplification BUT If installation requires local purchases Place of supply of those goods Creates liability to register

11 Consignment -v- Call-off Stock Place of supply where title passes also relevant where allocated to customer. Consignment Goods for multiple customers Place of supply = location of goods Can lead to non-uk registration V Call-off Single Customer Allocated in UK = place of supply Normal rules apply

12 Multi-Party Transactions Triangulation

13 Multi-Party Transactions Ex-Works

14 B2B Reverse Charge Mechanism Concept = Every supply is charged + VAT somewhere If: Customer is EU VAT registered VAT no on sales invoice Goods move to different EU state Evidence of movement held

15 B2B Reverse Charge Mechanism Then: UK sales invoice has no VAT charge Legend Subject to the Reverse Charge Mechanism Customer self-charges VAT

16 Reverse Charge for UK Customer Provide EU supplier with VAT no Supplier doesn t charge local VAT Customer calculates 20% of purchase Adds this self-charge to Box 1 Reclaims under normal rules (Box 4) Adds net to boxes 6, 7 & 9

17 B2C EU Supplies Concept = Every supply is charged + VAT somewhere VAT charge is: Via customer if B2B and Via supplier if B2C

18 B2C EU Supplies For B2C suppliers must: Monitor sales to each EU state Register for VAT elsewhere if > 35k/ 100k Then charge rate in customer s EU state

19 How VAT Applies to Services B2B Place of Supply = General Rule B2C Place of Supply = Where Supplier Belongs Unless supplied where performed Evidence of where customer belongs ESL

20 B2B Place of Supply of Services = General Rule Concept = Every supply is charged +VAT somewhere If: Place of supply is where received Customer is EU VAT registered VAT no on sales invoice Service is supplied to different EU state

21 B2B Place of Supply of Services = General Rule Then: UK sales invoice has no VAT charge Legend Subject to the Reverse Charge Mechanism Customer self-charges VAT

22 Reverse Charge for UK Customer Same as for goods except re Box 9: Provide EU supplier with VAT no Supplier doesn t charge local VAT Customer calculates 20% of purchase Adds this self-charge to Box 1 Reclaims under normal rules (Box 4) Adds net to boxes 6, 7 & 9

23 Services not Under General Rule Excludes services that relate to: Land - place of supply = where land is located B2C cultural, artistic, sporting, scientific, educational, entertainment or similar activities place of supply = where performed

24 Services not Under General Rule B2B admission to cultural, artistic, sporting, scientific, educational, entertainment or similar activities place of supply = where the event takes place B2C Electronic services - - place of supply = where customer belongs

25 Special Rules for Electronic Service New place of supply rule from 1st January 2015 Web-hosting Music & video downloads Internet access Software Telecoms

26 Impact of New Electronic Rules New Place of supply = where B2C customer belongs Result = Sales at different VAT rates Also variances in day-to-day admin Means = Registering wherever there is a customer, or Registering under MOSS = On-line portal for declaring and paying VAT

27 Where Does the Customer Belong? Three rules presumptions 1. Where nature proves location e.g. phone box, hot spots 2. Location of fixed line / mobile code / decoder

28 Where Does the Customer Belong? 3. Others via 2 items of evidence: Billing address IP address Fixed land line Payment details, or Other relevant information EVIDENCE IS KEY

29 Where Does the Customer Belong? The supplier can rebut presumptions 1 & 2 but Has to prove the customer belongs elsewhere

30 Where Does the Customer Belong? Needs 3 items of non-contradictory evidence: Billing address IP address for device used Location of bank account used for payment Mobile country code on SIM used Location of fixed land line re service or Other relevant information

31 Common International VAT Pitfalls Evidence failures = VAT cost Absolute rule Multi-party transactions Ex-works

32 Common International VAT Pitfalls Inadvertent place of supply = Non-UK Registrations Stock of goods Installation Ex-works B2C services & MOSS

33 It is a good thing to learn caution from the misfortunes of others Publilius Syrus, Rome 85 BC - 43 BC

34 The Vagaries of International VAT Including the Recent Introduction of MOSS! Melanie Lord, VAT Specialist Streets Chartered Accountants

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