What are intra-Community transfers of goods?
Intra-Community transfers of goods are a way of reducing the bureaucracy involved in paying VAT. We explain what they are here.
Transferts intracommunautair de biens : définition
Intra-Community transfers of goods are sales for consideration between businesses in the European Union that are exempt from VAT on the invoice. The main condition is that they must be made by one business to another and/or to a professional, and that the professional is not the final consumer.
There are formulas for recovering VAT on invoices from third countries, but in the case of the European Union, this issue, for businesses and professionals, is already covered by default. That’s why it’s a common formula for businesses that often have to operate within the European Union, for bureaucratic and cost-cutting reasons. After all, paying tax is just one more expense that has to be met.
Of course, this does not mean that VAT should not be paid, but it should only be paid in the country of destination by the buyer. And, of course, he will pay the corresponding VAT in the country of receipt, so there is no intra-Community double taxation. However, as this is a professional figure, it is subject to certain conditions.
Conditions to be met for intra-Community transfers
To find out more about intra-Community transfers, it is essential to specify that the VAT rate to be paid in Spain is the one that applies here, regardless of the rate applicable in the other country. To do this, the following points must be clarified and these conditions must be met:
- Entry in the register of entrepreneurs and professionals: the first and obvious condition is that the seller or buyer must be entered in the register of entrepreneurs and professionals (forms 036 and 037).
- ROI-VIES: the seller must check that the buyer has an intra-Community VAT number (censo VIES) and can therefore be invoiced without VAT. If this is not the case, the business cannot benefit. Remember that this step must be taken on request, and is not automatic.
- Paying for the purchase during the VAT settlement period: during the tax settlement period (the month following the invoicing quarter), VAT must be paid, whether deductible VAT or output VAT. This must be taken into account, as it must be done using form 303.
- Record all intra-Community transactions: this is calculated using form 349, which has been specially designed for this purpose. It is possible to get lost here, which is why you are strongly advised to seek advice from a chartered accountant. The opportunity cost of not doing so can be high because of the penalties to which the company is exposed.
And we stress: the end consumer cannot benefit from this type of operation. For example, if an online sales portal, even one domiciled abroad, sells to the end consumer, the latter will be subject to VAT.
A summary...
Knowing how intra-Community transfers of goods work is essential for operating internationally. Asesoría Orihuela Costa specialises in helping professionals and SMEs who want to work with foreigners. Get to know us better!
