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SUPPLY OF GOODS USING THE METHODOLOGY

SUPPLY OF GOODS USING THE METHODOLOGY. FIRST QUESTION. First question: a taxable person acting as such. Supply of goods made by a taxable person Taxable person means a person who carries on an economic activity, whatever the purpose or the result of that activity. Art. 5(1)VAT Act.

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SUPPLY OF GOODS USING THE METHODOLOGY

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  1. SUPPLY OF GOODSUSING THE METHODOLOGY

  2. FIRST QUESTION

  3. First question: a taxable person acting as such • Supply of goods made by a taxable person • Taxable person means a person who carries on an economic activity, whatever the purpose or the result of that activity Art. 5(1)VAT Act

  4. First question: a taxable person acting as such • Supply of goods made by a taxable person • Economic activity means an activity carried on by a person, other than an employee acting as such, and consisting of any one or more of the following: •  (a) any trade or business; •  (b) any profession or vocation and the provision of any personal services; •  (c) the exploitation of tangible or intangible property for the purpose of obtaining income therefrom on a continuing basis; •  (d) the provision by a club, association or organisation (for a subscription or other consideration) of the facilities or advantages available to its members; •  (e) the admission, for consideration, of persons to any premises. Art. 5(2) VAT Act

  5. First question: a taxable person acting as such • Supply of goods made by a taxable person • The activities of a public authority acting in the exercise of the functions assigned to it by law shall not be deemed to be an economic activity except as and to the extent provided in the First Schedule and except where such treatment as non-taxable persons would lead to significant distortions in competition Art. 5(3)VAT Act

  6. First question: a taxable person acting as such • Supply of goods made by a taxable person • A person who does not carry on an economic activity within the meaning of the foregoing provisions but who, from time to time, makes an intra-community supply of new means of transport shall, for the purpose of any such supply, be treated as a taxable person Art. 5(4)VAT Act

  7. SECOND QUESTION

  8. Second question: supply in the scope of VAT • A supply of goods is the transfer of the right to dispose of tangible property as owner • Legal ownership but also economic ownership • Made for consideration • By a taxable person acting as such Item 1(a) Second Schedule Art. 6 VAT Act

  9. THIRD QUESTION

  10. Third question: place of supply Transport versus no transport • Goods ARE NOT TRANSPORTED : place is where the goods are at the time when they are placed at the disposal of the person acquiring those goods • Goods ARE TRANSPORTED : place is where the goods are at the time when the transport begins Item 1(a) Third Schedule Art. 7 VAT Act Art. 7 VAT Act Item 1(b) Third Schedule

  11. Third question: place of supply Transport versus no transport MALTA A B C Sale Transport 1 Sale Transport 2 Both sales are taking place in Malta: where transport begins

  12. Third question: place of supply Transport versus no transport MALTA A B C Sale Sale One transport : in the relation A – B (contract) Sale A - B = sale with transport : place where transport begins Sale B - C = sale without transport : place where the goods are at the time they are placed at the disposal of C

  13. Third question: place of supply Transport versus no transport MALTA A B C Sale Sale One transport : in the relation B - C (contract) Sale B - C = sale with transport : place where transport begins Sale A - B = sale without transport : place where the goods are at the time they are placed at the disposal of B

  14. Third question: place of supply Transport versus no transport MALTA Other country A B C Sale Transport 1 Sale Transport 2 Both sales are taking place in Malta: where transport begins

  15. Third question: place of supply Transport versus no transport MALTA Other country A B C Sale Sale One transport : in the relation A – B (contract) Sale A - B = sale with transport : place where transport begins Sale B - C = sale without transport : place where the goods are at the time they are placed at the disposal of C

  16. Third question: place of supply Transport versus no transport MALTA Other country A B C Sale Sale One transport : in the relation B - C (contract) Sale B - C = sale with transport : place where transport begins Sale A - B = sale without transport : place where the goods are at the time they are placed at the disposal of B

  17. Third question: place of supply Installation or assembly • Goods ARE INSTALLED OR ASSEMBLED BY THE SUPPLIER OR ON BEHALF OF THE SUPPLIER : place is where the goods are installed or assembled Art. 7 VAT Act Item 2 Third Schedule

  18. Third question: place of supply Installation or assembly MALTA Other country A Installation by or for the account of A Invoice Invoice C B Place of supply A-B B-C

  19. Third question: place of supplyOn board ships or aircraft A supply of goods on board ships, aircraft (or trains) during the part of a transport of passengers effected in the Community takes place at the point of departure of the transport of passengers Art. 7 VAT Act Item 3 Third Schedule

  20. Third question: place of supplyOn board ships and aircraft Air Malta : flight Malta – Brussels (supply of perfumes, tobacco…) Supply takes place in Malta Brussels Luqa

  21. Third question: place of supplyOn board ships and aircraft Air Malta : flight Brussels - Malta (supply of perfumes, tobacco…) Supply takes place in Belgium Luqa Brussels

  22. Third question: place of supply Distance sales Will be examined during the session distance sales Item 4 Third Schedule Art. 7 VAT Act

  23. Third question: place of supplySupply subsequent to an importation Will be examined during the session importation Art. 7 VAT Act Item 1(c) Third Schedule

  24. FOURTH QUESTION

  25. Fourth question: exemptionsExemptions without credit • Immovable property: no change • Education: changes • Supply of goods where the said supply is connected with and essential for the supply of educational services • Supplies of goods in respect of which the supplier had not qualified for input tax credit: new

  26. Fourth question: exemptionsExemptions with credit • Exports and services connected with exports: changes • Supply of goods transported or dispatched outside the Community by or on behalf of the supplier • Supply of goods transported or dispatched outside the Community by or on behalf of a purchaser not established in Malta with exceptions • Work on movable tangible property acquired or imported for such work in Malta and transported outside the Community by the performer of the service or by the customer not established in Malta, or on their behalf (see also services)

  27. Fourth question: exemptionsExemptions with credit • International goods traffic: new • The supply of goods intended to be placed or while they are placed under a customs duty suspension regime • The supply of services other than those exempted by item 6 (read 5: brokers and intermediaries), consisting in work on movable goods that are intended to be placed or while they are placed under a customs duty suspension regime (see services)

  28. Fourth question: exemptionsExemptions with credit • Intra-Community supplies: new (see hereafter) • International transport and ancillary services: new (see services) • The international transport of persons; the transport of luggage and motor vehicles accompanying passengers and the supply of services related to the international transport of passengers • The transport of goods from a third territory and the supply of services ancillary thereto, where the value of these transport and ancillary services are included in the taxable value of the importation of those goods • The transport of goods which is directly connected with the export of those goods outside the Community

  29. Fourth question: exemptionsExemptions with credit • Brokers and other intermediaries: new (see sessions services) • Sea vessels and aircraft: new wording • Internal transport: no change (see services) • Food: no change • Pharmaceutical products: no change

  30. Fourth question: exemptionsExemptions with credit • Gold: new • The supply of gold to the Central Bank of Malta. • The supply of investment gold, including investment gold represented by certificates for allocated or unallocated gold or traded on gold accounts and including, in particular, gold loans and swaps, involving a right of ownership or claim in respect of investment gold, as well as transactions concerning investment gold involving futures and forward contracts leading to a transfer of right of ownership or claim in respect of investment gold. • The supply of services of agents who act in the name and for the account of another when they intervene in the supply of investment gold for their principal. • The exemptions in paragraphs (2) and (3) shall be subject to the option for taxation in terms of Part Six of the Fourteenth Schedule

  31. FIFTH QUESTION

  32. Fifth question: person liable to pay VAT • If supplier established in Malta = person who makes the supply • If supplier not established in Malta and not registered under art.10 VAT Act = person established in Malta and registered under article 10 VAT Act to whom the supply is made • Special regime for triangulation : will be examined during the session triangulation Art. 20(1)(a) VAT Act Art. 20(2)(c) VAT Act Art. 20(2)(a) VAT Act

  33. Fifth question: person liable to pay VAT • Jointly and severally liable: the person who mentions the tax on an invoice or a document • Representative Art. 20(3) VAT Act Art. 20(4) and 66 VAT Act

  34. INTRA-COMMUNITY SUPPLY OF GOODS

  35. Definition • No legal definition in the Sixth Directive • Concept • Supply of goods THAT ARE TRANSPORTED by or on behalf of the supplier or the person to whom the supply is made from a Member State to another Member State Part 1, Preliminary, Interpretation, 2(1), VAT Act

  36. Characteristics: basic questions 1 and 2Operation in the scope of VAT Supply of goods in the scope of VAT: YES if made by a taxable person acting as such Art. 4, 5 and 6 VAT Act Item 1(a) Second Schedule

  37. Characteristics: basic question 3Place of the supply ALWAYS where transport begins Art. 7 VAT Act Item 1(b) Third Schedule Part 1, Preliminary, Interpretation, 2(1), VAT Act

  38. Characteristics: basic question 4Exemption YES if: • made to a person identified on the relative invoice by an EU VAT identification number excluding: • a supply made by a person registered under article 11 • a supply that is subject to the special scheme of the profit margin • Implicitly: goods are transported to another Member State Art. 9(1)(a) VAT Act Item 3(1) Part One Fifth Schedule

  39. Characteristics: basic question 5Person liable to pay VAT If any VAT to pay: ALWAYS the person who makes the supply A taxable person not established in Malta who, in terms of article 20 VAT Act, is liable for the payment of the tax on a supply shall apply to register under article 10 VAT Act (EVEN IF THERE IS AN EXEMPTION FOR IC SUPPLY : formalities such as the intra-Community sales listing) Art. 20(1)(a) VAT Act Art. 10(4) VAT Act

  40. Other questions : chargeable event and chargeability The chargeable event takes place on the date when the goods are delivered The tax becomes chargeable on the earlier of the following dates: • The 15th day of the month following the date when the chargeable event takes place (compare with intra-Community acquisition) • The date on which a tax invoice (for the whole price) is issued for that supply Art. 8 VAT Act Item 1(1) Fourth Schedule Art. 8 VAT Act Item 4 Fourth Schedule

  41. INTRA-COMMUNITY SUPPLY OF GOODSPRACTICAL CASES

  42. IC supply by a private individual A Maltese private individual sells goods. Goods are transported to another Member State • Is the supply made by a taxable person? NO • Is the supply in the scope of VAT? N/A • Where is the place of the supply? N/A • Is there any exemption? N/A • Who is liable to pay VAT? N/A ATTENTION : SPECIAL REGIME FOR NEW MEANS OF TRANSPORT

  43. IC supply by a non-taxable legal person A Maltese non-taxable legal person sells goods. Goods are transported to another Member State • Supply made by a taxable person? NO (attention First Schedule) • Supply in the scope of VAT? N/A • Place of supply? N/A • Is there any exemption? N/A • Who is liable to pay VAT? N/A ATTENTION : SPECIAL REGIME FOR NEW MEANS OF TRANSPORT

  44. IC supply by a taxable person doing only operations without credit A Maltese taxable person doing only operations without credit (even if registered under article 12 VAT Act) sells goods. Goods are transported to another Member State • Supply made by a taxable person? YES • Supply in the scope of VAT? YES • Place of supply? In Malta (where transport begins) • Is there any exemption? YES (but VAT Act, art.9(1)(a) and Fifth Schedule, Part Two, item 13) • Who is liable to pay VAT? N/A ATTENTION : SPECIAL REGIME FOR NEW MEANS OF TRANSPORT

  45. IC supply of goods subject to the profit margin scheme A Maltese taxable person registered under article 10 sells goods subject to the profit margin scheme. Goods are transported to another Member State • Supply made by a taxable person? YES • Supply in the scope of VAT? YES • Place of supply? In Malta (where transport begins) • Is there any exemption? NO (but Maltese VAT due on the profit margin) • Who is liable to pay VAT? Maltese taxable person ATTENTION : SPECIAL REGIME FOR NEW MEANS OF TRANSPORT

  46. IC supply of goods by a taxable person registered under article 10 A Maltese taxable person registered under article 10 sells goods. Goods are transported to another Member State. • Supply made by a taxable person? YES • Supply in the scope of VAT? YES • Place of supply? In Malta (where transport begins) • Is there any exemption? YES (if 2 conditions are fulfilled: (1) transport and (2) VAT number of the acquirer in the other MS) • Who is liable to pay VAT? N/A Compliance: recapitulative statement (Art.30(3) VAT Act)

  47. IC supply of goods exempt from VATCompliance • Report of the operation in the proper tax records • Report of the operation in the appropriate box of the VAT return • Tax invoice on which is reported the EU VAT identification number of the recipient in another Member State (ISO Code) • Report of the operation in the recapitulative statement to be submitted for each calendar quarter during which exempt intra-Community supplies take place Eleventh Schedule Art.27 VAT Act Twelfth Schedule Art.30(3) VAT Act)

  48. IC supply of goods exempt from VATProof of exemption • Transport to another Member State • Contracts • Order forms • Proof of payment • Transport documentation (attention when the transport is made by the recipient or on his behalf) • … • Recipient is liable to pay VAT in the Member State of destination: communication of a valid VAT identification number of another Member State (preceded by the ISO Code for this Member State)

  49. IC supply of goods by a taxable person registered under article 10 A Maltese taxable person registered under article 10 sells goods. Goods are transported to another Member State. • Supply made by a taxable person? YES • Supply in the scope of VAT? YES • Place of supply? In Malta (where transport begins) • Is there any exemption? NO (if one of the 2 conditions are not fulfilled: (1) transport and (2) VAT number of the acquirer in the other MS) • Who is liable to pay VAT? Maltese taxable person

  50. DEEMED INTRA-COMMUNITY SUPPLY OF GOODS (TRANSFER)NON TRANSFER

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