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Finance Act 2014

Transposition note

With effect from 1 Jan 2015 Council Directive 2008/8/EC Article 5 amends Directive 2006/112/EC (PVD) regarding the place of supply of telecommunications, broadcasting and electronically supplied services (BTE) to non-taxable persons and the optional special accounting scheme for suppliers based outside the Member States (the non-Union scheme) and inserts the special scheme for those based within the EU but not in the same member state as their customers (the Union scheme).

Reference should also be made to Council Regulation (EU) No 967/2012 amending Implementing Regulation (EU) No 282/2011, section 2 of Council Regulation (EU) No 904/2010 and Commission Implementing Regulation (EU) No 815/2012 which contain directly applicable provisions.

The changes to the VAT Act 1994 and subordinate legislation do not go beyond what is necessary to implement the Directive, including making consequential changes to domestic legislation to ensure its coherence in the area to which they apply.

Unless otherwise specified the implementation is made by existing provision in or amendment to the VAT Act 1994.*

PVD Amended ArticleObjectiveImplementation*
58Moves the place of supply to where the non-taxable person is established, has his permanent address or usually resides.

SI 2014/***

The Value Added Tax (Place of Supply of Services) (Exceptions Relating to Supplies Not Made to Relevant Business Person) Order 2014 and section 104 of the    Finance Act 2014.

204(1) 3rd paragraphPrevents the use of a tax representative by persons not established in the EU using the special scheme for supplies of BTE services.Sch 3B (Electronic, Telecommunications and Broadcasting services: non-Union scheme) para 19.
358Defines and amends the services covered by the non-Union scheme, the VAT return and the Member State of consumption (MSC).Sch 3B para 3.
358aDefines a taxable person not established in the Community (NETP) and the Member State of identification (MSI) for the purposes of the non-Union scheme.Sch 3B para 2.
359Obliges Member States to allow a NETP making the BTE supplies to register for the special scheme.Sch 3B para 4 (1).
360Obliges the NETP to electronically inform the MSI when it starts or ceases making BTE supplies or otherwise ceases to be eligible for the non-Union scheme.Sch 3B para 4(5) and para 7(3).
361Defines the information the NETP must provide to the MSI on commencement of BTE supplies to non-taxable persons in the Community and obliges them to inform the MSI of any changes in that information.Sch 3B para 4(3) HMRC also propose to make regulations regarding registration requests under Sch 3B para 4(5).
362Obliges the MSI to allocate a unique identification number to the NETP.Sch 3B para 6.
363Obliges the MSI to remove the NETP from their VAT register where the NETP has ceased (or can be assumed to have ceased) making BTE supplies; where the conditions for the scheme are no longer met or where the NETP has persistently failed to comply with the special scheme rules.Sch 3B para 8(1).
364Requires the NETP to electronically submit a declaration of BTE supplies (whether or not any have been made) to the MSI on a calendar quarter basis.Sch 3B para 11 and see Article 4 of Commission Implementing Regulation (EU) No 815/2012.
365Requires the VAT return to include the NETP’s identification number, to identify value, VAT, rate of VAT applied per MSC.See Article 4 of Commission Implementing Regulation (EU) No 815/2012.
366(1)Permits VAT returns to be denominated in local currencies where the Euro has not been adopted and specifies the date upon which any currency conversion must take place.Sch 3B para 12.
367Requires the NETP to make payment of the VAT due with reference to the relevant return and by the deadline for the submission of the return, payment being made to the bank account specified by the MSI.Sch 3B para 13.
368Forbids deduction of input tax through the special scheme. Any refund of VAT incurred on expenses within the EU must be made through the refund system. Certain restrictions within the refund scheme are disapplied for NETPs using the special scheme.Sch 3B para 10(6) & para 22.
369(1)Requires the NETP to keep sufficient records of their BTE supplies for the MSC to verify the correctness of the return.Sch 3B para 14.
369aDefines the MSI and the taxable persons eligible to use the Union Scheme, dependent upon where their business is established or, if there is no such establishment, from any fixed establishment located within the EU. If the taxable person has a choice they shall notify the MSI and be bound by that choice for two years.Sch 3BA (Electronic, telecommunication and broadcasting services: Union scheme) para 4(1)(b) & (c).
369bRequires Member States to permit a taxable person not established in the MSC to use the Union scheme for BTE supplies to non-taxable persons belonging in the EU.Sch 3BA para 5 (1).
369cRequires the taxable person to notify the MSI when BTE supplies to MSCs start, cease or the activity changes so as to be no longer eligible for the scheme and that such information be submitted electronically.Sch 3BA para 6.
369dRequires the scheme user to be registered in the MSI only and that the MSI may use their normal VAT register.Sch 3BA para 3 & 5. HMRC also propose to make regulations regarding registration requests using the powers in Sch 3BA para 5(5).
369eRequires the MSI to exclude the taxable person from the special scheme where BTE supplies are, or may assumed to be, no longer made, the taxable person is no longer eligible or the scheme conditions are persistently not complied with.Sch 3BA para 7.
369fRequires the scheme user to electronically submit a VAT return on a calendar quarter basis to the MSI whether or not any BTE supplies have been made. The return must be submitted within 20 days of the quarter end.Sch 3BA para 9; para 10(3)(a).
369g (1st paragraph)The VAT return is required to show the identification number; the value, VAT and VAT rate per MSC.Sch 3BA para 10(3)(b). See also Article 4 of Commission Implementing Regulation (EU) No 815/2012.
369g (2nd paragraph)Where a taxable person has one or more fixed establishments outside the MSI from which BTE supplies are made, the VAT return must also show the information in the 1st paragraph for each MS in which there is an establishment, with reference to the local VAT number and broken down by MSC.

Sch 3BA para 10(3)(b)

See also Article 4 of Commission Implementing Regulation (EU) No 815/2012.

369hWhere the MSI has not adopted the Euro the VAT return can be made out in the local currency. Any conversions required are to be made on the last day of the tax period using the rate published by the ECB.Sch 3BA para 10(2).
369iRequires the scheme user to make payment of the total VAT due, referring to the relevant VAT return, by the due date for the return and to a bank account specified by the MSI and in the currency specified where the Euro has not been adopted.Sch3BA para 10(2) & para 11.
369j (1st paragraph)The scheme user may not deduct VAT incurred in making BTE supplies through the special scheme but may use the special refund scheme.Sch 3BA para 8(3) and regulations to be made under section 39 of the VAT Act 1994 in reliance on paragraph 19 of Sch 3BA.
369j (2nd paragraph)If the scheme user is registered in the MSC for other taxable activities he may use the VAT return to recover VAT incurred in making BTE supplies in that MSC.Sections 24-26 of the VAT Act 1994.
369kThe scheme user must keep sufficient records of the BTE supplies made to allow the MSC to verify the figures declared on the VAT return. These records must be kept for a period of 10 years and, upon request, made available electronically to the MSI or MSC.Sch 3BA para 12 and para 31.

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