Supply of goods with installation in Germany
In order to have a clear view on the European VAT compliance obligations of your company, you need to understand how VAT regulations treat differents kind of transactions. The EU VAT system defines two type of transactions: supplies of goods and of services.
There is a lack of harmonization to determine whether the supply of goods with installation is considered as a supply of goods or supply of services. Germany has adopted a restricted view of the concept of "supply of goods with installaton".
Let's take an example
A German company engages an EU-based company to supply and install a machine in its premises in Germany. The materials are shipped from Romania to German y and installed by the supplier.
What are the rules in Germany?
In Germany, the VAT reverse charge mechanism applies to work supplies by a non-established taxable person to another taxable person, even if that operation actually qualifies as a supply of goods from a German VAT perspective. There is however a distinction to be made between such work supplies (“Werklieferungen”) and assembly deliveries (“Montagelieferungen”), although both operations include an installation and are therefore deemed to take place in Germany from a VAT perspective.
On 1 October 2020, the German Authorities issued clarifications in that respect, implying clearer definitions of these concepts.
According to the German Tax Authorities, a work supply shall be deemed to have been performed if the supplier processes goods which do not belong to him and also uses goods procured by himself for this purpose. It means that, if the supplier only processes his own goods, the operation rather qualifies an assembly delivery.
The reverse charge however applies to work supplies (“Werklieferungen”) only !!!
If a non-established supplier performs an assembly delivery (“Montagelieferung”) in Germany, e.g. the supply of an equipment that is installed in the premises of the customer, that supplier must register for VAT in Germany and charge German VAT! This is new because such operations used to be regarded as work supplies subject to the reverse charge.
(Source: Letter of Bundesministerium der Finanzen dated 1 October 2020)
Checking the rules in each country
- Determine the exact qualification of the transaction. There is a lack of harmonization to determine whether the supply of goods with installation is considered as a supply of goods or supply of services. Submitting a ruling request in order to obtain the official position of the local tax authorities is often required for juridical security purpose.
- Check whether or not special arrangements have been implemented into the country where the goods are installed or assembled;
- In case no special arrangements are applicable, proceed to the local VAT registration.
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