Place of Supply of Services - VAT Rules Explained

Have you ever wondered how VAT rules apply to the place of supply of services in cross-border transactions? VAT rules and regulations are complex, and can be difficult to decipher, but understanding the place of supply rules is crucial to ensure your business is meeting its VAT compliance obligations. In this post, we'll look at how the place of supply for services is determined, who pays VAT, and explore common exceptions.

Short summary

• Determining the place of supply for services involves understanding different rules and applying correct VAT rates.
• Who pays VAT is determined by the place of supply rules, although there are certain exceptions to this rule.
• Common exceptions to general rules include immovable property, passenger transport services, catering & restaurant services, and electronically supplied services.

Determining the place of supply for services

Ensuring accurate VAT application for services, especially in cross-border transactions, is of paramount importance. The general rules for determining the place of supply for services can be divided into business-to-business (B2B) and business-to-consumer (B2C) services.

Understanding the different place of supply rules for B2B and B2C services is essential for businesses to comply with VAT obligations and avoid potential penalties. By accurately determining the place of supply and applying the correct VAT rates, businesses can ensure that they are adhering to the appropriate VAT rules in their cross-border transactions.

Business-to-Business (B2B) services

For B2B services, the general rule is that the place of supply is the location where the business receiving the services is established (whether the business customer is based in the EU or not), with the receiving business responsible for paying VAT. A valid VAT invoice must be issued containing all necessary details, including the supplier accounts information. This ensures that the receiving business, such as a French company, can accurately account for VAT on their end.

For example, if Company A, based in Country X, provides consulting services to Company B, located in Country Y, the place of supply would be Country Y. Company B would account for the VAT on the services as if they were the supplier.

However, certain exceptions to the general rules exist, such as advertising services, which have specific rules for determining the place of supply.

Business-to-Consumer (B2C) services

For services provided directly to consumers (B2C), the place of supply rules are generally based on the location of the supplier. In this case, the supplier is responsible for charging and accounting for the VAT in their own country.

For example, if Company A provides digital marketing services to an individual in Country X, the place of supply would be Country X, and Company A would be required to charge and remit the applicable VAT for that country.

Common exceptions to the general rules

In addition to the general rules for determining the place of supply services, there are common exceptions that businesses should be aware of, including immovable property, passenger transport, catering services, and ancillary services, especially when dealing with a non-business customer.

Each of these exceptions has its own specific rules that govern the place of supply, which we will explore in the following subsections.

Immovable property services

Immovable property services, such as those related to land, buildings, and other structures, are subject to the place of supply rules of the country where the property is located. This includes various services such as legal, auctioneers, architects, surveyors, and more. These services are subject to VAT at the standard rate, while services involving the development of immovable goods are subject to VAT at the reduced rate, in accordance with the two-thirds rule.

Passenger transport services

Passenger transport services, which include air, rail, and bus transportation, as well as ancillary transport services, are subject to the place of supply rules of the jurisdiction where the passenger is located. In the UK, for example, passenger transport services within any vehicle, ship, or aircraft designed or adapted to carry ten or more passengers are exempt from VAT, while services in a vehicle with a carrying capacity of fewer than ten passengers are subject to VAT at the standard rate.

Catering and restaurant services

Catering and restaurant services are subject to VAT in the country where the services are physically performed. Meal prices displayed outside or inside a restaurant must include Value Added Tax, though it's not required to be included on the menu. To comply with regulations, businesses in this industry must pay VAT accordingly.

Digital services supplied

Digitally supplied services, such as those provided over the Internet or an electronic network, play a significant role in today’s digital economy. For VAT purposes, the place of supply of these services in an EU country requires the payment of VAT in that country. It's not liable in any other country. Conversely, services supplied outside the EU are not liable to VAT in any EU country.

The implications of the place of supply for digitally supplied services are critical for businesses and entrepreneurs operating in the digital realm, as they must be aware of the applicable VAT rules in different jurisdictions and ensure compliance with the relevant regulations.

Use and enjoyment rules

Use and enjoyment rules are designed to ensure that specific services are subject to taxation in the jurisdiction where the service is used and enjoyed, rather than where the customer or supplier is based. These rules apply to the hiring of movable goods and television and broadcasting services, regardless of whether the customer is a business or private customer.

The use and enjoyment rules help to avoid double taxation, non-taxation, or imbalances in competition by ensuring that services are taxed in the jurisdiction where they are consumed. Businesses should be aware of these rules and their implications to accurately account for VAT and ensure compliance with the relevant regulations.

Navigating VAT obligations for cross-border services

Navigating VAT obligations for cross-border services can be challenging, but understanding the reverse charge procedures and reporting requirements can help businesses ensure compliance with the relevant regulations. For B2B services, VAT is not applicable. However, the supplier must still include the sale in their VAT return. For B2C services, the VAT is charged at a rate of zero percent when the supplier is located outside the EU, and the place of supply is where the supplier is established.

To help businesses meet their VAT obligations, it's a good idea to consider other reporting obligations such as the OSS (One Stop Shop) scheme, in which case the relevant returns should include the necessary details of the supplies. By staying informed about the various VAT rules and reporting requirements, businesses can accurately account for VAT and avoid potential compliance issues.

Conclusion

Compliance with the place of supply rules for services is crucial for businesses to ensure accurate VAT application, particularly for cross-border transactions. By familiarizing themselves with the general rules for B2B and B2C services, as well as the common exceptions and specific rules for immovable property, passenger transport, and catering services, businesses can better understand the complex world of VAT obligations.

As the VAT landscape continues to evolve, businesses must stay informed about upcoming changes and their potential impact on their operations. By doing so, they can adapt their processes, ensure compliance with the relevant regulations, and maintain a competitive edge in the global marketplace.

Do you need help with your VAT compliance? Book a free call with one of our VAT experts to find bespoke solutions for your business, optimize your VAT costs, and reach millions of new potential customers.

Frequently Asked Questions

What is the B2B general rule for supplies of services?

In B2B transactions, the place of supply is generally determined by the recipient’s location, while for B2C transactions it's determined by the supplier’s location.

What does 'place of supply' mean for VAT?

The ‘place of supply’ is the place where a supply is made and VAT may be charged and paid. Generally, B2B services are supplied where the business customer belongs, while non-business customers are supplied where the supplier is based.

How do the use and enjoyment rules impact VAT obligations?

The use and enjoyment rules ensure fair taxation across jurisdictions, preventing double taxation, non-taxation, or imbalances in competition for VAT obligations.

These rules are designed to ensure that businesses are not unfairly disadvantaged by the taxation system, and that all businesses are paying their fair share of taxes.

The use and enjoyment rules are an important part of the overall taxation system.