LOCAL VAT MEASURES FOR FOREIGN COMPANIES IN THE UNITED KINGDOM
Do special arrangements apply to "call-off-stock" in The Ubited Kingdom?
Yes
Simplification measures apply for call-off-stock. Foreign taxpayers are therefore not required to be VAT registered in the United Kingdom provided the conditions are met.
Have simplification measures been taken to avoid registration of the foreign company for the goods held on consignment in the country?
No
No simplification measures are available for consignment stock. Foreign taxpayers are therefore required to be registered for VAT purposes in the United Kingdom to report a deemed intra-EU acquisition of goods and charge British VAT on the subsequent supply of goods to final client.
Call-off stock refers to the situation where at the time of transport of goods to another Member State, the supplier already knows the identity of the person acquiring the goods to whom they will be supplied at a later stage and after arrival of the goods in the Member State of destination. This currently gives rise to a deemed supply (in the Member State of departure of the goods) and a deemed intra-Community acquisition (in the Member State of arrival of the goods), followed by a 'domestic' supply in the Member State of arrival and requires the supplier to be identified for VAT purposes in that Member State.
Simplification measures have been implemented in various Member States avoiding the VAT registration of the supplier in the country of destination.
Triangulation can be applied when the middleman (B) is VAT registered for others supplies in the 3rd country (Member State of destination)?
Triangulation simplification measures cannot be applied even if the middleman B is VAT registered as a non-established company in the United Kingdom [Member State C].
Chain transactions refer to successive supplies of goods which are subject to a single intra-Community transport. The intra-Community movement of the goods should only be ascribed to one of the supplies, and only that supply should benefit from the VAT exemption provided for the intra-Community supplies. The other supplies in the chain should be taxed and may require the VAT identification of the supplier in the Member State of supply.
However, the divergent approach amongst Member States in the application of these exemptions for cross-border transactions has created difficulties and legal uncertainty for businesses.
Optional reverse charge for supply of goods?
No
Reverse charge is not applicable on major supplies of goods [with exception for specific items].
Optional reverse charge for supply of services
Domestic reverse charge has been partially implemented in the UK for services. The services to which this applies are:
• services relating to land and property (except opted supplies of land)
• restaurant and catering services, admission to an event and work on goods
• passenger transport
• services that are treated as supplied in the UK as a result of the use and enjoyment provisions
The local reverse charge only applies provided your client is established and VAT registered in the UK.
Optional reverse charge (art. 194 of the VAT Directive)
Member States in which the VAT is due may provide that the person liable for the payment of VAT is the person to whom the goods or services are supplied where the transaction is carried out by a taxable person who is not established in the country in which the VAT is due.
VAT Warehousing implemented in The United Kingdom?
Yes
The United Kingdom has introduced VAT warehousing regime applicable under specific conditions.
VAT Directive
Member States may exempt the importation of goods and the supply of goods which are intended to be placed under warehousing arrangements other than customs warehousing.
Is it possible for a company to pay the import VAT via the periodical VAT return?
Postponed accounting via the VAT return is not possible in the United Kingdom. A deferred payment for VAT and customs [similar delay] is however possible under specific conditions.
VAT DIrective
Member States may provide that VAT on importation does not need to be paid at the time of importation on condition that it is entered as such in the VAT return to be submitted.
VAT OBLIGATIONS IN THE UNITED KINGDOM
How is the tax period determined in Belgium?
Monthly/Tri-Monthly/Yearly
Your company has to report its VAT position by filing periodical VAT returns on tri-monthly basis [three months which do not necessarily correspond to a calendar quarter]. Monthly reporting period can be opted for in case your company is regularly in a VAT receiving position. Opting for a yearly reporting period is also possible under conditions [VAT annual accounting scheme].
When should periodical VAT return be filed?
Your company has to file periodical VAT returns by electronic means before the 7th day of the second month [7 of N+2] following the tax period [e.g. tax period ending in March 31st => deadline: May 7th].
VAT Directive
The tax period shall be set by each Member State at one month, two months or three months. Member States may, however, set different tax periods provided those ones do not exceed one year. The VAT return shall be submitted by a deadline to be determined by Member States. That deadline may not be more than two months after the end of each tax period.
Is this requirement laid down in the country and what is the filing deadline?
No
Your company is not required to file any summarizing annual VAT return in the United Kingdom.
VAT Directive
Member State may require taxable persons to submit a return in respect to all transactions carried out in the preceding year. That return shall provide all the information necessary for any adjustments.
Are quarterly filings allowed by the country and what is the filing deadline?
Your company is required to submit ESL by electronic means for each calendar quarter [but may choose to submit monthly if you prefer] provided your intra-EU supplies of goods have not exceeded GBP 35.000 within the current or four previous quarters. If your company exceeds the above threshold, you must submit the ESL on a monthly basis. The deadline for submitting ESL to HMRC, for all frequencies of submissions are within 21 days of the end of the reporting period.
VAT Directive
The recapitulative statement shall be drawn up for each calendar month. However, Member States, in accordance with the conditions and limits which they may lay down, may allow taxable persons to submit the recapitulative statement on each calendar quarter where the total quarterly amount of intra-EU supplies of goods does not exceed either in respect of the quarter concerned or of any of the previous four quarters the sum of € 50.000 or its equivalent in national currency. The recapitulative statement shall be submitted within a period not exceeding one month.
What is the payment deadline?
The deadline when your electronic payment should clear into HMRC's bank account is usually the same as the deadline for your return. You should check with your bank how long it will take for your payment to clear into HMRC's bank account as some methods of payment do not operate over the weekend or on bank holidays.
Are interim payments required?
Interim payments are not required [unless in case of annual VAT return or for every VAT registered company filing quarterly VAT returns but with annual VAT liability of more than GBP 2.3 million, it is required to make payments on account].
VAT Directive
Any taxable person liable for the payment of the VAT must pay the net amount of the VAT when submitting the VAT return. Member States may, however, set a different date for payment of that amount. Member States may require interim payment to be made.
Is any VAT credit automatically carried forward or refunded?
No carry-forward mechanism. Refund is done immediately by submitting the periodic VAT return.
VAT Directive
Where, for a given tax period, the amount of deductions exceeds the amount of VAT due, the Member States may, in accordance with conditions which they shall determine, either make a refund or carry the excess forward to the following period. However, Member States may refuse to refund or carry forward if the amount of excess is insignificant.
VAT OVERVIEW IN THE UNITED KINGDOM
What is the local name of the tax?
Value Added Tax [VAT]
What is the structure of the VAT number?
UK VAT numbers have 11 characters [GB + 9 digits].
VAT Directive
Member States must apply a standard VAT rate [not lower than 15%] which must be the same for the supply of goods and for the supply of services. Member States may apply either one or two reduced rates [not lower than 5%] only to supplies of goods or services as listed in the Annex III of the VAT Directive.
VAT rates
The United Kingdom applies a standard VAT rate of 20% and one reduced rate of 5%.
£ 70,000
see various thresholds applied in the EU
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