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INTRA-COMMUNITY ACQUISITIONS OF GOODS USING THE METHODOLOGY

2. . . DEFINITION. 3. Definition. GeneralAn intra-Community acquisition is the acquisition of the right to dispose as owner of goods which are transported by or on behalf of the supplier or the person acquiring them from a Member State to the person acquiring them in another Member State Compare with the definition of a supply of goods (mirror).

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INTRA-COMMUNITY ACQUISITIONS OF GOODS USING THE METHODOLOGY

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    1. INTRA-COMMUNITY ACQUISITIONS OF GOODS USING THE METHODOLOGY

    2. 2

    3. 3 Definition General An intra-Community acquisition is the acquisition of the right to dispose as owner of goods which are transported by or on behalf of the supplier or the person acquiring them from a Member State to the person acquiring them in another Member State Compare with the definition of a supply of goods (mirror)

    4. 4 Definition Deemed intra-Community acquisitions: will be examined further on ICA done by a non-taxable legal person: will be examined during the session relating to importation All the operations assimilated to a supply of goods (for consideration) are also assimilated to acquisitions of goods (for consideration)

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    6. 6 Questions 1 and 2 : intra-Community acquisition subject to VAT Conditions in the Member State of origin Supply taking place outside Malta (in the other Member State where transport begins) Supply is made for consideration by a taxable person acting as such who is not eligible in the Member State of origin for an exemption under the special scheme for small undertakings

    7. 7 Questions 1 and 2 : intra-Community acquisition subject to VAT Conditions in Malta Goods other than new means of transport or excise goods Acquisition made for consideration Acquisition made by a taxable person acting as such who is registered under article 10 or 12 or a non-taxable legal person

    8. 8 Questions 1 and 2 : intra-Community acquisition subject to VAT New means of transport Intra-Community acquisition always subject to VAT in Malta Whatever is the quality of the person acquiring the good (includes private individual) : will be examined during the session relating to new means of transport

    9. 9 Questions 1 and 2 : intra-Community acquisition subject to VAT Excise goods Intra-Community acquisition always subject to VAT in Malta If made by a taxable person or a non-taxable legal person : will be examined during the session relating to excise goods

    10. 10 Questions 1 and 2: intra-Community acquisition subject to VAT : characteristics VERY IMPORTANT Every Member State is sovereign Every Member State determines if there is an intra-Community acquisition (subject to VAT) without taking into account whether there is or not an intra-Community supply exempt from VAT in the Member State of origin Therefore, intra-Community acquisitions of goods subject to VAT in Malta are completely independent from whether there have been intra-Community supplies of goods exempt from VAT in the Member State of origin : NO LINK AT ALL = TWO SEPARATE OPERATIONS

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    12. 12 Question 3 : place of intra-Community acquisitions In Malta if goods are in Malta when transport ends (compare with place of supply: where transport begins) In Malta if the acquirer provides the supplier with a Maltese VAT number (under article 10: compare with 6th Directive) unless this person proves that the acquisition takes place in another Member State and has been subject to VAT in that other Member State (security net) : will be examined during the session relating to triangulation

    13. 13 Question 3 : place of intra-Community acquisitions (example)

    14. 14 Question 3 : place of intra-Community acquisitions(example)

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    16. 16 Question 4 : exemptions on intra-Community acquisitions ICA of goods whose supply or importation in Malta would be exempt from VAT ICA of goods where the tax would be fully refundable Example: the representation office of an Italian firm (not doing any taxable supply in Malta) is acquiring furniture from Italy for this office: the ICA is exempt from VAT insofar as the Italian firm would be entitled to a refund of this VAT

    17. 17 Question 4 : exemptions on intra-Community acquisitions ICA of goods intended to be placed or while they are placed under a customs duty suspension regime ICA of investment gold

    18. 18 Question 4 : exemptions on intra-Community acquisitions ICA of goods supplied in the MS of origin under the special regime of the margin scheme on second-hand goods, works of art, collectors’ items and antiques

    19. 19 Question 4 : exemptions on intra-Community acquisitions ICA of goods in Malta made for the purposes of a subsequent supply (triangulation – specific conditions) Will be examined during the session relating to triangulation

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    21. 21 Question 5 : person liable to pay VAT on intra-Community acquisitions The payment of the tax on an intra-Community acquisition shall be the liability of the person who makes the acquisition Compliance: reverse charge mechanism VAT reported as due in the VAT return VAT reported as deductible in the same VAT return (according to the right to deduct VAT + limitations and exclusions + compliant invoice)

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    23. 23 Other question : chargeable event and chargeability The chargeable event takes place on the date which would be the date of the chargeable event had those goods been supplied in Malta where the acquisition is made The tax becomes chargeable on: The 15th day of the month following the date of the acquisition (compare with exempt intra-Community supply) The date on which a tax invoice (for the whole price) is issued to the person making the acquisition for the supply of goods in question if this date is earlier than the date referred to in first bullet point

    24. 24 Other question: chargeable event and chargeability (example) Other EU MS Malta A B Intra-Community supply exempt from VAT Intra-Community acquisition subject to VAT and taxable Delivery date: 29/07/2004 Date of the ICA: 29/07/2004 Date of invoice: 20/08/2004 Chargeable event: 29/07/2004 Chargeable event: 29/07/2004 Date tax “becomes chargeable”: 15/08/2004 Date tax becomes chargeable: 15/08/2004

    25. 25 Other question: chargeable event and chargeability (example) Other EU MS Malta A B Intra-Community supply exempt from VAT Intra-Community acquisition subject to VAT and taxable Delivery date: 29/07/2004 Date of the ICA: 29/07/2004 Date of invoice: 29/07/2004 Chargeable event: 29/07/2004 Chargeable event: 29/07/2004 Date tax “becomes chargeable”: 29/07/2004 Date tax becomes chargeable: 29/07/2004

    26. 26 Other question : rate of intra-Community acquisitions The tax chargeable on an intra-Community acquisition of goods shall be the rate applicable to the supply of like goods in Malta

    27. DEEMED INTRA-COMMUNITY ACQUISITIONS OF GOODS TRANSFER NON TRANSFER

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    29. 29 Deemed intra-Community acquisition: definition The use in Malta by a taxable person for the purpose of his economic activity of goods transported by him or on his behalf from another Member State within the territory of which those goods were produced, extracted, purchased, acquired or imported by him for the purpose of his economic activity, where the transport of those goods would, if made from Malta to another Member State, be treated as a transfer of goods to another Member State, shall be treated as an intra-Community acquisition for consideration

    30. 30 Deemed intra-Community acquisition: characteristics Move from another Member State to Malta (without transaction) By a taxable person Of goods forming part of his economic activity = Intra-Community acquisition For consideration

    31. 31 Deemed intra-Community acquisition: characteristics VERY IMPORTANT Every Member State is sovereign Every Member State determines if there is a deemed intra-Community acquisition without taking into account whether or not there is a transfer in the Member State of origin Every Member State determines if there is a deemed intra-Community acquisition taking into account if there would be a transfer in case the goods were transported from his territory to another Member State Therefore, transfer and deemed intra-Community acquisition are in principle independent from each other

    32. 32 Deemed intra-Community acquisition: example Other EU MS Malta

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    34. 34 No deemed intra-Community acquisition Goods shall not be deemed to be intra-Community acquired for consideration if they are transported from another MS to Malta for the purposes of one of the following transactions: (1) A supply with installation or assembly in Malta A supply of these goods, which constitutes a distance sale taxable in Malta A supply of these goods by or on behalf of the taxable person on board ships, aircraft that takes place in Malta A supply of these goods that is treated as an intra-Community supply exempt from VAT, as a supply exempt from VAT for export…

    35. 35 No deemed intra-Community acquisition … : (2) the supply of services to the taxable person involving work on those goods physically carried out in Malta provided the said goods are returned to that person in the Member State of departure on the completion of the said work the temporary use of those goods in Malta for the purpose of the supply of services by the taxable person if that person is established in the other Member State the temporary use of those goods in Malta for a period not exceeding twenty-four months if the importation of those goods into Malta for temporary use would qualify for a full exemption from import duties

    36. 36 The no deemed ICA becomes an ICA If a move of goods to Malta satisfies the conditions to be a non transfer from Malta (and therefore a no deemed ICA in Malta ) and if afterwards these conditions are not longer met, this non transfer (no deemed ICA) becomes a transfer (and consequently an ICA) with all the consequences Simplification measures are possible (regulations)

    37. 37 No deemed intra-Community acquisition: example Other EU MS Malta

    38. 38 No deemed intra-Community acquisition: example Other EU MS Malta

    39. 39 No deemed intra-Community acquisition: example Other EU MS Malta

    40. 40 No deemed intra-Community acquisition: example Other EU MS Malta

    41. 41 No deemed intra-Community acquisition: example Other EU MS Malta

    42. 42 No deemed intra-Community acquisition: example Other EU MS Malta

    43. 43 (No) deemed intra-Community acquisition: example Other EU MS Malta

    44. 44 No deemed intra-Community acquisition: example Other EU MS Malta

    45. 45 No deemed intra-Community acquisition: example Other EU MS Malta

    46. 46 No deemed ICA followed by a deemed ICA: example Other EU MS Malta

    47. 47 No deemed ICA followed by a deemed ICA : example (continued) – No simplification Operation 1 (no simplification in Malta : ICA) (Deemed) ICA in Malta by a taxable person? YES (from the moment goods are acquired by B). VAT registration of A in Malta ICA in the scope of VAT (e.g. for consideration)? YES Place of ICA? In Malta (where transport ends) Is there an exemption? NO (assumption) Person liable to pay Maltese VAT? A (must register for VAT purposes in Malta)

    48. 48 No deemed ICA followed by a deemed ICA : example (continued) – No simplification Operation 2 (no simplification in Malta : supply of goods to B) Supply of goods by a taxable person? YES Supply in the scope of VAT? YES Place of supply? In Malta (where goods are at the time they are put at the disposal of B) Is there an exemption? NO (assumption) Person liable to pay VAT? B

    49. 49 No deemed ICA (followed by a deemed ICA): example (continued) - Simplification Operation 1 and 2 (simplification in the other MS : movement of goods and supply of goods to B) (Deemed) ICA in Malta by a taxable person? NO (from the moment goods are acquired by B) AND ICA in Malta by a taxable person? YES (B) ICA in the scope of VAT? YES Place of ICA? In Malta (where transport of the goods to B on trial ended) Is there an exemption? NO (assumption) Person liable to pay VAT? B

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