TRIANGULATION PLACE OF SUPPLY OF GOODS Reminder place

TRIANGULATION

PLACE OF SUPPLY OF GOODS

Reminder : place of supply of goods MS 1 A MS 2 Invoice B Invoice TRANSPORT IN THE RELATION B - C C Place of supply A – B and B – C in MS 1 A-B = No transport = where goods are put at the disposal of B B-C = Transport = where transport begins/Registration of B in MS 1

Reminder : place of supply of goods MS 1 A Invoice MS 2 B Invoice TRANSPORT IN THE RELATION A - B C Place of supply A–B in MS 1 Place of supply B–C in MS 2 Transport Where transport begins No transport Where goods are placed at the disposal of C

PLACE OF INTRA-COMMUNITY ACQUISITION

Reminder : place of intra-Community acquisition of goods Place where transport ends

Reminder: place of intra-Community acquisition of goods • Member State VAT Identification Number • Security net

TRIANGULATION DEFINITION

Triangulation (ABC) - Definition MS 2 B Sale 1 MS 1 A Sale 2 Transport MS 3 C 3 taxable persons (ABC) in three different Members States 2 sales : A – B and B – C 1 transport directly from A to C

TRANSPORT BETWEEN B AND C

Triangulation - Transport between B and C - No simplification possible MS 2 B Sale 1 MS 1 A Sale 2 Transport between B - C MS 3 C Supply A–B (no transport): place where goods are put at disposal of B (MS 1): local supply + VAT Supply B–C (transport): place where transport begins (MS 1) = IC supply exempt from VAT by B in MS 1 (B must register for VAT in MS 1) C is doing an intra-Community acquisition in MS 3

TRANSPORT BETWEEN A AND B NO SIMPLIFICATION

Triangulation - Transport between A and B MS 2 B Sale 1 MS 1 A Sale 2 Transport between A - B MS 3 C Supply A–B (transport): place where transport begins (MS 1) = IC supply exempt from VAT by A in MS 1 Supply B–C (no transport): place where goods are put at disposal of C (MS 3) B is doing an intra-Community acquisition in MS 3 followed by a local supply to C in MS 3 (VAT registration of B in MS 3)

TRANSPORT BETWEEN A AND B SIMPLIFICATION MALTA IS MS 1

Triangulation - Transport between A and B - Simplification MS 2 B Sale 1 MALTA Transport between A - B A Sale 2 MS 3 C Intra-Community supply made by A in Malta is exempt from VAT if conditions are fulfilled B is communicating a valid VAT number of another Member State (MS 2) to A B is reported as the purchaser of the goods in the recapitulative statement of A, under the VAT number of B in MS 2

TRANSPORT BETWEEN A AND B SIMPLIFICATION MALTA IS MS 2

Triangulation - Transport between A and B - Simplification MALTA B Sale 1 MS 1 A Sale 2 Transport between A - B MS 3 C Item 14(1) Third Schedule B communicates to A his Maltese VAT number : application of the security net Normally intra-Community acquisition by B in Malta but…

Triangulation - Transport between A and B - Simplification MALTA B Sale 1 MS 1 A Sale 2 Transport between A - B MS 3 C Item 14(2) Third Schedule ICA made by B in Malta is deemed to have been subject to VAT in MS 3 if B proves it is made for the purpose of a subsequent supply in MS 3 + 2 conditions: • C is reported as the person liable to pay VAT on the local supply to C in MS 3 • Code “T” must be reported in the recapitulative statement for the supply made to C B reports this sale to C in the box “IC supply exempt” in his VAT return

TRANSPORT BETWEEN A AND B SIMPLIFICATION MALTA IS MS 3

Triangulation - Transport between A and B - Simplification MS 2 B Sale 1 MS 1 A Sale 2 Transport between A - B Art. 20(2)(a) VAT Act MALTA C Item 1 Fifth Schedule Part Three ICA made by B in Malta is exempt from VAT if conditions are fulfilled C is registered under articles 10 or 12 and is reported as liable to pay VAT on the subsequent local supply made by B in Malta C must report this purchase in the box “ICA” of his VAT return