Reverse charge or no reverse charge?

Lookingforanswers

Free Member
Dec 1, 2018
2
0
Hi,
first of all - sorry if that has already been explained but it seems I cannot find an answer to my question anywhere in the Internet:)

I provide translations, own a company and have a EU VAT number - so far everything has been quite obvious - I have been issuing invoices with the "reverse charge" formula since my clients are usually VAT registered (therefore have a VAT EU number).

However, recently I have provided translations to a LTD company based in Scotland, which is not VAT registered. And it says I should add VAT to the invoice and it cannot accept an invoice with N/A VAT and the "reverse charge" formula.

My accountant (my company is registered in Poland) says otherwise - emphasising that the "reverse charge" applies here - and that the service - according to the EU rules - is performed at the purchaser's location (so Scotland in this case). And I am leaning towards his position.

My Scotland-based client says that since it is not VAT registered, it should not be treated as a company (so our relation is not B2B) but as an individual (so B2C service) and hence the VAT should be added. But actually it is a company - LTD - with a Scottish registration number.

The service has been provided, there are no problems with the amount to be paid etc - there is just the issue of the invoice's format. And they said that the EU would make life easier:)))

Any help much appreciated:)
 

TheCyclingProgrammer

Free Member
Jul 15, 2014
1,249
254
As far as I know, if you don't add vat to your invoice you'll become responsible for paying it. Your customer (based in Scotland) is not vat registered so you don't have a vat number for them..so you can't apply the reverse charge. But..I'm not an accountant so could be wrong!

This is wrong and OP is right. It is a B2B supply and is subject to the reverse charge. The Scottish customer, not being VAT registered, should count the value of the supply towards their own turnover for the purposes of the VAT registration threshold.

OPs client is likely getting confused with the rules for goods, which would require the recipient be VAT registered for an overseas supply to be zero rated. The rule for services is different.

OP, I recommend you point your customer to 5.7 here:
https://www.gov.uk/guidance/vat-place-of-supply-of-services-notice-741a
 
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spidersong

Free Member
Aug 20, 2008
288
110
East Anglia
Just so you've got some consensus with all this I'd agree with TheCyclingProgrammer, the Scots company know not of what they speak!

The reverse charge does apply even if they don't pay it over to anyone, it counts toward their registration threshold, and you should keep going as you are.
 
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