Reverse charge on VAT: Mechanism, Rules and Possible Scenarios

What is reverse charge?

Reverse charge is a mechanism of calculating VAT. It is also one of the reasons for which an invoice may not charge VAT.

If your business has two VAT numbers, one in Germany and another one in France, you may ask yourself why you charge VAT in Germany but not in France for two supplies that are similar in both countries. The answer is in the VAT reverse charge rules, which countries can implement differently in each case.

As a general rule, businesses charge VAT on supplies and deduct VAT on purchases. The reverse charge mechanism is a deviation from this rule where the supplier does not charge VAT on the invoice and the customer pays and deducts VAT simultaneously through the VAT return. The client will pay the net amount to the supplier, however, when completing the VAT return, he will manually calculate the VAT on the reverse charge invoice and report that amount as input VAT and as output VAT, hence having a nil effect for the customer’s and supplier’s cash flow. In some instances, full deduction is not allowed according to partial exemption rules.

How does vat reverse charge work?

If reverse charge applies (see below the possible scenarios) you should issue an invoice without VAT and your client will self-assess the VAT amount. We should split the requirements for the supplier and the customer in a reverse charge transaction:

• Supplier: Issues an invoice without VAT . This invoice will often require some specific content like the customer´s VAT number and a note indicating that " Reverse charge" applies.
• Customer: Receives an in invoice without VAT. However, at the time of preparing his VAT return, the customer will manually calculate the VAT amount and report it as due and as deductible (both) in his VAT return. For example, if company A issues an invoice with reverse charge to Company B for a value of 100€, company B will only pay 100€ to company A. When Company B starts preparing its VAT return, it will manually calculate VAT on the 100€, so 20% of 100€ equals 20€  (let´s say we are in France: 20% VAT rate). These 20€ are reported under the sales section of Company B´s VAT return (as output VAT) and under the purchases section of the same VAT return (input VAT). Since you are doing "a plus and a minus" , you will not pay any VAT to the tax authorities on this invoice .

How to invoice reverse charge vat

If you need to issue an invoice on which reverse charge applies, there are number of considerations and changes from the general rule that you should take into account:

• You will not charge VAT on the invoice. Only the net amount will be stated and only this amount will be paid into your bank account. You should still refer to VAT as 0% as you do with other zero-rated or exempt sales.
• You will include a reference to reverse charge. You should add a sentence that explains why there is no VAT charged on the invoice. Some countries allow you to include the words "Reverse charge" as sufficient wording on the invoice, but in most jurisdictions you will need to check the exact reference and Article of the Domestic VAT law. In EU countries, instead of the Domestic VAT law, you may include the Article of the VAT Directive. For example, article 194 of the VAT Directive is used for Domestic reverse charge,  and article 138 of the VAT Directive is used for intra-Community supplies of goods. You can check the information on invoicing rules of the EU Commission.
• Add the VAT number of your customer. Although it is not required in all reverse charge supplies, most scenarios require you to add the VAT number of your client. This is additional information that you will need to collect from your client before you issue the invoice. In intra-Community and triangular transactions, this number should be valid in VIES. You can double check many VAT numbers at once in the VIES database with our VAT number checker.

When to apply reverse charge?

This mechanism applies in different kinds of transactions, both domestic and intra-Community. Below is a list of the possible scenarios where reverse charge applies. This list is not exhaustive and several exceptions will apply depending the country where you are applying reverse charge.

Intra-Community VAT reverse charge

Normally, a business making an intra-Community acquisition of goods is liable to pay the tax under the reverse charge mechanism. The outgoing side of this transaction is called intra-Community supply, which is zero-rated provided all conditions are met.

Regarding services, where the supplier is not-established in the country of the customer and the services fall in the general B2B rule (see article 44 of the VAT Directive), the VAT registered customer is liable to pay the tax (see article 196 of the VAT Directive). This mechanism may even apply where the supplier has a permanent establishment in the country of the customer provided such permanent establishment did not intervene in the transaction.

Example

If you are a French business buying goods from a German supplier for a total value of €10,000, you will receive an invoice without VAT. Assuming the standard VAT rates applies, you will then calculate the VAT amount at 20% and report €2,000 as output VAT and again €2,000 as input VAT . Regarding invoice requirements, the invoice received must include your VAT number next to your name and address, it should also include a reference to the exemption such as Exempt intra-Community supply – Article 138 (1) of Directive 2006/112/EC.

Domestic reverse charge for non-established suppliers

Member States can impose reverse charge on domestic supplies of goods and services where the supplier is not established and the transaction is located in the country of the supplier. This regime is optional for member states and, besides the lack of establishment for the supplier which is mandatory in every country, each jurisdiction is free to impose additional conditions.

The freedom to impose conditions complicates things for foreign companies. See below some examples of conditions on domestic reverse charge for non-established suppliers. As you can see in these three examples, countries can decide on the applicable conditions for the customer, which often determines the final VAT treatment:

• Belgium

• Supplier requirements

  Not established in Belgium

  (irrelevant if the supplier is  registered or not for VAT)

• Customer requirements

  Taxable person with a  permanent establishment in  Belgium; or

  Registered via fiscal  representative

• Scope

  All supplies of goods

  Supplies of services located  in  Belgium (exceptions to the  B2B  rule).

• France

• Supplier requirements

  Not established in France

  (irrelevant if the supplier is  registered or not for VAT)

• Customer requirements

  VAT registered

  (irrelevant if the customer is  established or not)

• Scope

  All supplies of goods

  Supplies of services located  in  France (exceptions to the  B2B  rule).

• Spain

• Supplier requirements

  Not established in Spain

  (irrelevant if the supplier is  registered or not for VAT)

• Customer requirements

  Taxable person

  (irrelevant if the customer is  established or VAT  registered)

• Scope

  All supplies of goods

  Supplies of services located  in  Spain (exceptions to the  B2B  rule).

Example

If you have a VAT number without a permanent establishment in France and buy goods locally to subsequently sell them to a French VAT registered customer, you will be charged VAT on your purchase, however, the reverse charge applies on your sale. Your invoice will not include VAT, instead, you must state the following reference in the invoice: Reverse charge – Art 194 of Directive 2006/112/EC. You will then report this sale in your VAT return as a zero rated supply (box 7A of your French VAT return). Your final customer will have to manually calculate the VAT amount at the applicable VAT rate (French standard VAT rate is 20%) and report this amount as due and as deductible in the VAT return. The cash effect will be nil.

Domestic VAT reverse charge on specific goods and services

This reverse charge also applies on domestic supplies, however, in this case it is not required that the supplier is not established. The difference here is that only a number of goods and services are subject to this type of reverse charge.

The Directive allows this reverse charge on 1) natural gas, electricity, heat and cooling (article 195 of the VAT Directive); 2) certain supplies connected with immoveable property (see full list in article 199 of the VAT Directive); 3) transactions with investment gold (article 352 of the VAT Directive); and 4) goods or services sensitive to fraud, including allowances to emit greenhouse gases, mobile phones, integrated devices, cereals and raw metals. This last type of reverse charge (number 4 in our list), must be allowed by the European Commission as a derogation to the general rule.

The conditions are also different for each type of goods in each country. Some member states may require both parties to be established, some would only require a registration of the customer, finally, this reverse charge would only apply in certain countries if the supplier is not established. As way of example, our website provides the rules in the United Kingdom, Germany, Belgium, France or Spain.

VAT reverse charge on triangular transactions

In a triangular transaction, a supplier in country A invoices a customer in country B, who subsequently invoices another customer in country C (invoice flow). The goods, however, are shipped directly from country A to country C (goods flow). Where the conditions for simplification are met, party B does not have to register in country C, instead, party C will be liable to pay the VAT under the reverse charge mechanism. This is an EU wide rule applicable in all Member States, but there are a few exceptions where party B is already registered in country A or country C.

Reverse charge on postponed import VAT and suspensive regimes

As a general rule, import VAT must be paid when the goods enter the European Union, but some countries allow simplifications deferring the payment of import VAT. The postponed accounting of import VAT allows the reverse charge mechanism on import VAT amounts. This means that, instead of paying VAT at the border and deducting it later in the VAT return, the importer will pay and deduct the VAT at the same time in the VAT return, with the corresponding nil cash flow impact (unless partial exemption applies).

Similarly, where goods enter into a suspension regime such as VAT or customs warehouses, the first customer after the goods leave the suspension regime may be liable to pay the tax under the reverse charge mechanism.

This type of reverse charge is foreseen in Article 202 of the VAT Directive. The conditions for deferral of import VAT and postponed import VAT accounting are included in our VAT manuals, see for example UK , Spain, France, Germany or Belgium.

At Marosa, we have large experience in EU VAT consultancy projects involving any of the above scenarios. We can also help you with your VAT reporting obligations in any European country.

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