EU – implementation of new VAT e-commerce rules postpone till 1 July 2021

“The extension of the MOSS and the special provisions concerning the obligations of electronic interfaces will enter into force on 1 July 2021 as IT systems need to be adapted or developed.

  • Businesses operating electronic interfaces such as marketplaces or platforms will, in certain situations, be deemed for VAT purposes to be the supplier of goods sold to customers in the EU by companies using the marketplace or platform. Consequently, they will have to collect and pay the VAT on these sales.
  • Building on the success of the MOSS for TBE services, this concept will be extended and turned into a OSS:
    • The non-Union scheme for supplies of TBE services by taxable persons not established in the EU will be extended to all types of cross-border services to final consumers in the EU;
    • The Union scheme for intra-EU supplies of TBE services will be extended to all types of B2C services as well as to intra-EU distance sales of goods and certain domestic supplies facilitated by electronic interfaces. The extension to intra-EU distance sales of goods goes hand in hand with the abolition of the current distance sales threshold, in line with the commitment to apply the destination principle for VAT;
    • An import scheme will be created covering distance sales of goods imported from third countries or territories to customers in the EU up to a value of EUR 150. Unlike today, when the import scheme is used, the seller will charge and collect the VAT at the point of sale to EU customers and declare and pay that VAT globally to the Member State of identification in the OSS. These goods will then benefit from a VAT exemption upon importation, allowing a fast release at customs. The introduction of the import scheme goes hand in hand with the abolition of the current VAT exemption for goods in small consignment of a value of up to EUR 22. This is also in line with the commitment to apply the destination principle for VAT.
  • Where the import OSS is not used, a second simplification mechanism will be available for imports. Import VAT will be collected from customers by the customs declarant (e.g. postal operator, courier firm, customs agents) which will pay it to the customs authorities via a monthly payment.

Businesses will benefit from a substantial reduction in cross-border VAT compliance costs. This will facilitate greater cross-border trade. EU Businesses will be able to compete on equal footing with non-EU businesses that are not charging VAT. Member States should gain through an increase in VAT revenues of EUR 7 billion annually.”

For further details see link below.

https://ec.europa.eu/taxation_customs/news/taxation-commission-proposes-postponement-taxation-rules-due-coronavirus-crisis_en

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1582118248440&uri=CELEX%3A32020R0194

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