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EXCISE GOODS

2. . . DEFINITION. 3. Definition in the (Excise) Directive 92/12/EECMineral oilsAlcohol and alcoholic beveragesManufactured tobacco. EU Directive Excise. Sixteenth Schedule. Excise Duty Act. 4. Others but special VAT regime not applicableMineral water in BelgiumCar in MaltaCoffee or tea in some countries ... .

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EXCISE GOODS

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    1. EXCISE GOODS

    2. 2

    3. 3 Definition in the (Excise) Directive 92/12/EEC Mineral oils Alcohol and alcoholic beverages Manufactured tobacco EU Directive Excise

    4. 4 Others but special VAT regime not applicable Mineral water in Belgium Car in Malta Coffee or tea in some countries ... Others: regime not applicable

    5. 5

    6. 6 Maltese VAT is always due No threshold applicable By a taxable person or a non-taxable legal person

    7. 7 Goods are transported by the private individual or on behalf of the private individual Goods are for the private needs of the private individual The intra-Community acquisition is not subject to VAT No threshold applicable (see however next slide) Taxation in the Member State of origin By a private individual

    8. 8 Limits applicable in excise regime (assumption related to the difference between private needs and commercial purposes) cigarettes 800 alcoholic beverages 10 liter cigarillos 400 intermediary products 20 liter cigares 200 wine 90 liter tobacco to smoke 1kg beer 110 liter NOT APPLICABLE FOR VAT but TAXABLE PERSON IF FOR COMMERCIAL PURPOSES ICA subject to VAT Limits for private individuals

    9. 9

    10. 10 Goods are transported by or on behalf of the vendor No threshold applicable Place of supply by the vendor always in Malta Maltese always due VAT registration of the vendor in Malta = person liable to pay VAT Supplies to private individuals

    11. 11

    12. 12 Payment of VAT on supplies by a foreign vendor in specific situations Simplifications possible Will be dealt with by customs and excise Payment of VAT on intra-Community acquisitions made by members of the «Group of 3» Will be dealt with by customs and excise Distance sales to Malta Intra-Community acquisition

    13. 13

    14. 14 The taxable person is either a « licensed warehouse keeper » or a « registered operator » or a « non registered operator » In this case, the taxable person is authorised to « receive » excise goods in suspension of payment of foreign and Maltese excise duties But, an intra-Community acquisition takes place for VAT purposes and must be declared The taxable value of this intra-Community acquisition does not take into account Maltese excise duties to be paid at a later stage From the moment Maltese excise duties are paid (release from the excise suspension regime), the taxable value of the intra-Community acquisition must be adjusted by adding excise duties to this value VAT has to be paid on the value of the excise duties paid (no adjustment if the taxable person is entitled to deduct entirely VAT) Intra-Community acquisition: taxable value for taxable person art. 10

    15. 15 The taxable person is not authorised to « receive » excise goods in suspension of payment of foreign and Maltese excise duties In this case, the taxable value of the intra-Community acquisition will include foreign and Maltese excise duties From the moment foreign excise duties are refunded by the vendor, the taxable value of the intra-Community acquisition must be adjusted by deducting foreign excise duties refunded VAT paid on the value of these excise duties at the origin must be refunded to the taxable person (no adjustment is made if the taxable person is entitled to deduct entirely VAT) Intra-Community acquisition: taxable value for taxable person art. 10

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