Are you from Italy?
The problem is to make the seller accept writing a bill without VAT.
So I need prove to show the seller as he may not know and is afraid to loose VAT/IVA.
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tax law - VAT / IVA - Exporting goods inside EU - which law is it italy
Hi there.
Today I have a not really technical question ;-)
My company is based in UK (London) and I what to buy goods (like electronic devices) in Italy.
My company is VAT registered. And the seller is IVA registered in Italy too.
According to European tax law, if
- seller and buyer are based in different counties of the EU
- both are VAT registered
- the seller send the good to a different EU country
the seller can make a bill without charging VAT (He has not to pay VAT to his state).
The point is: Not everyone knows about this fact. So I would need to know which Italian law governs this.
Does anyone knows the name of the law and the paragraph for VAST handling inside the EU?
Thank you very much !!!
Christine
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Answers
No, originally Luxembourg now living in Germany.
http://www.brighton-accoun
see in particular the bottom of the site ("Reclaiming Italian IVA") and this link :-
http://customs.hmrc.gov.uk
Thank you for the Link. The only problem is this:
"Payment will only be made in lire to an account in your name at an Italian bank or post office."
But it seams an agency could be involved.
or:
"(2) When a UK VAT-registered business imports goods from Italy from an Italian IVA-registered business, the UK business should pay UK VAT on the import by including VAT in box 2 of its regular UK VAT return, at the appropriate UK VAT rate. It may then reclaim that same amount by including it as input VAT in box 4 of the same VAT return, subject to the normal rules about recovering input VAT. The reason for this apparently circular exercise is to avoid VAT distortions between buying goods in the UK and importing them from Italy."
Unfortunately Italian companies don't what to do it the usually way I know :-(
which would be like this: "(1) A UK business importing goods from Italy should give the Italian supplier its UK VAT registration number so that Italian IVA does not get charged. If IVA is charged, the UK business cannot reclaim it on their UK VAT return or by a direct claim to the Italian tax authorities."
So I am not quite sure if they don't know it's OK not charging IVA/VAT. Or if they simply don't what to, meaning we would need to do it descried in (2).
So I am looking for a text from Italian government (or so) describing (1).
But where to find ...
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by: BigRatPosted on 2009-11-04 at 06:00:28ID: 25739334
I can't quote you chapter and verse, but what you have written is essentially correct. It is probably something to do with the Schengen Agreement, since the VAT laws were revised at the time. Originally the idea was for a giant computer to calculate the VATs due to export/import but the Germans blocked it.
The best place to ask is your local customs and excise office (should be in the telephone book).
Currently you can pay local VAT and export the goods into another country if the total value of the goods is under 400 Euros. Anything above this must be declared to the customs. You'll find that the VAT rates are all within a couple of percent from each other, so the difference is normally waivered. The exception is Scandanavia where the VAT is around 25% and there are certain extra import taxes on specific goods like cars.
If you do export something without paying VAT and without declaring it to the customs you'll get into a lot of trouble - particularly in Italy where tax evasion is a national sport. Similarly the customs in Britain will also get upset if you import from the EEC tax free goods without paying VAT. The worst thing which can happen to your company, is that the excise turns up and confiscates all your computers and books and you'll find it impossible to perform any business at all.