IC Special cases Distance sales New means of transport Excise goods

1. IC Special casesDistance salesNew means of transportExcise goods

2. IC SUPPLIES TO OR ACQUISITIONS BY MEMBERS OF THE “GROUP OF ¾”

3. DEFINITION

4. Definition of “Group of 3/4” The “Group of 3/4” consists of: • The non-taxable legal persons (essentially public authorities acting as such and not performing activities referred to in Schedule 1 as well as some pure holdings) • The small undertakings registered under article 11 • The other taxable persons not registered under articles 10 and 11 that only make exempt operations without any right to deduct VAT (e.g. bank, insurance companies, non-profit making organisations, hospitals…) • The farmer subject to the flat-rate scheme in some Member States (thus “Group of 4”) = not applicable in Malta

5. THRESHOLD AND OPTION

6. Threshold and registration art.12 in Malta A threshold of the equivalent in MT liri of EUR 10,000 has been fixed: • Under which or up to which the intra-Community acquisition by a member of the “Group of 3” is not subject to VAT in Malta • Above which the intra-Community acquisition by a member of the “Group of 3” is subject to VAT in Malta (= registration art.12) The threshold is calculated on an annual (calendar year) basis If the threshold is exceeded, Maltese VAT is due on all intra-Community acquisitions for the rest of the calendar year during which the threshold has been exceeded and for at least the following calendar year. If the threshold is also exceeded during this following year, the same rules apply regarding the liability of Maltese VAT on the intra-Community acquisitions.

7. Option in Malta = application for registration art.12 The member of the “Group of 3” is liable to pay Maltese VAT on all his intra-Community acquisitions from the moment he opts for (registration under art.12): • for the rest of the calendar year during which he has opted • as well as for at least the two following calendar years. If the threshold is in any case exceeded during the second following calendar year, the rules regarding the threshold also apply regarding the liability of Maltese VAT on the intra-Community acquisitions made by the member of the “Group of 3”

8. Threshold in another MS A threshold has been fixed: • Under which or up to which the intra-Community acquisition by a member of the “Group of 3/4” is not subject to VAT in the other MS • Above which the intra-Community acquisition by a member of the “Group of 3/4” is subject to VAT in the other MS (= in principle registration under the equivalent of art.12) The threshold is calculated on an annual (calendar year) basis If the threshold is exceeded, VAT of the other MS is due on all intra-Community acquisitions for the rest of the calendar year during which the threshold has been exceeded and for at least the following calendar year. If the threshold is also exceeded during this following year, the same rules apply regarding the liability of VAT of the other MS on the intra-Community acquisitions.

9. Option in the other MS The member of the “Group of 3/4” is liable to pay VAT of the other MS on all his intra-Community acquisitions from the moment he opts for (in principle registration under the equivalent of art.12): • for the rest of the calendar year during which he has opted • as well as for at least the two following calendar years. If the threshold is in any case exceeded during the second following calendar year, the rules regarding the threshold also apply regarding the liability of VAT of the other MS on the intra-Community acquisitions made by the member of the “Group of 3/4”

10. EXAMPLES

11. FACTS: IC acquisition in Malta • A member of the “Group of 3” purchases goods in Italy • Goods are not excise goods nor new means of transport (special regime examined in next session) • Goods are transported from the other Member State to Malta on behalf of the member of the “Group of 3” (special regime for distance sales examined in next session) Other EU MS Malta Sale of goods A B = member of “Group of 3” Transport on behalf of B

12. First hypothesis The member of the “Group of 3” does not exceed the threshold at the time of the acquisition and did not exceed it during the previous calendar year and he does not opt for the taxation of its intra-Community acquisitions in Malta • Is there an ICA in Malta? YES • Where is the place of this ICA? In Malta (where transport ends) • Is this ICA subject to VAT in Malta? NO • Is there any exemption? N/A • Who is liable to pay VAT? N/A Art. 4(b)(i) and 12 VAT Act

13. Second hypothesis The member of the “Group of 3” exceeds the threshold at the time of the acquisition or he has exceeded this threshold during the previous calendar year or he has opted for the taxation of its intra-Community acquisitions in Malta • Is there an ICA in Malta? YES • Where is the place of this ICA? In Malta (where transport ends) • Is this ICA subject to VAT in Malta? YES • Is there any exemption? NO (assumption) • Who is liable to pay VAT? The member of the “Group of 3” Art. 4(b)(i),12 and 20(1)(b) VAT Act

14. COMPLIANCE

15. Obligations to be respected by the member of the “Group of 3” The member of the “Group of 3” must: ·  Inform the VAT Commissioner that the threshold will be exceeded ·  Ask for a VAT registration under article 12 ·  Keep records of the intra-Community acquisitions made (Art.30(2) VAT Act) ·  Submit a special VAT form (Art.21(5) VAT Act) for the month during which he has made intra-Community acquisitions and during the period during which he is liable to pay Maltese VAT on these acquisitions (only if there are ICA made) ·  Pay VAT due on these intra-Community acquisitions by not later than the fifteen day following the month during which the tax becomes chargeable ·  Communicate his VAT identification number to his suppliers in other EU Member States during the period he is liable to pay Maltese VAT on his intra-Community acquisitions

16. FACTS: supply from Malta • A member of the “Group of 3/4” purchases goods in Malta from A established and registered under art.10 • Goods are not excise goods nor new means of transport (special regime examined in next session) • Goods are transported from Malta to the other MS on behalf of the member of the “Group of 3/4” (special regime for distance sales examined in next session) Malta Other EU MS Sale of goods A B = member of “Group of 3” Transport on behalf of B

17. First hypothesis The member of the “Group of 3/4” does not exceed the threshold at the time of the acquisition and did not exceed it during the previous calendar year and he does not opt for the taxation of its intra-Community acquisitions in the other MS • Taxable person? Yes (A) • Operation in the scope of VAT? Yes (supply of goods) • Place of operation? In Malta (where transport begins) • Is there any exemption? No • Who is liable to pay VAT? A

18. Second hypothesis The member of the “Group of 3/4” exceeds the threshold at the time of the acquisition or he has exceeded this threshold during the previous calendar year or he has opted for the taxation of its intra-Community acquisitions in the other MS • Taxable person? Yes (A) • Operation in the scope of VAT? Yes (supply of goods) • Place of operation? In Malta (where transport begins) • Is there any exemption? Yes (if 2 conditions are met) • Who is liable to pay VAT? N/A

19. DISTANCE SALES

20. SCOPE AND PRINCIPLE

21. Definition A distance sale means an intra-Community supply of goods that are transported from a Member State to another Member State BY or ON BEHALF of the supplier and that satisfies some conditions Item 4(1) Third Schedule Art. 7 VAT Act EU MS 2 EU MS 1 Sale of goods A B Transport by A or on his behalf

22. CONDITIONS

23. Principle A distance sale takes place in the Member State where transport ends provided the total value of such sales by the supplier exceeds a threshold fixed by the Member State of destination during the year in which the distance sale takes place or during the previous calendar year or the supplier has opted in his Member State for the taxation of all his distance sales in the Member State of destination Art. 7 VAT Act Item 4(2) and (3) Third Schedule

24. THRESHOLD AND OPTION

25. Threshold (35.000 or 100.000 EUR) A threshold (in Malta the equivalent in Maltese liri of EUR 35,000) is fixed by the Member State of destination: • Under which or up to which the place of supply remains in the Member State of origin (where transport begins) • Above which the place of supply is shifted to the Member State of destination (where transport ends) This threshold is calculated on an annual (calendar year) basis If the threshold is exceeded, the supplier is liable to pay VAT of the MS of destination on all his distance sales made to this MS for the rest of the calendar year during which the threshold has been exceeded and for the following calendar year. If the threshold is also exceeded during this following year, the same rules apply regarding the liability of the VAT of the MS of destination on such supplies

26. Option: Member State by Member State The supplier may opt (in the MS of establishment) to pay VAT of the MS of destination on all his distance sales from the moment of the option: • for the rest of the calendar year during which he has opted • as well as for the two following calendar years. If the threshold is in any case exceeded during the second following calendar year, the rules regarding the threshold also apply regarding the liability of VAT of the MS of destination on such supplies

27. DISTANCE SALES AND ICA BY A MEMBER OF THE “GROUP OF 3 (4)”

28. Example: supply from Malta • Goods are supplied by A (taxable person registered under art.10) in Malta to B in another MS • Goods are not excise goods nor new means of transport (special regime) and are not exempt from VAT • Goods are transported from Malta to the other Member State on behalf of A Malta Other EU MS Sale of goods B A (taxable person, art.10) Transport on behalf of A

29. First hypothesis The distance sales threshold fixed by the MS of destination is not exceeded and there is no option by A to pay VAT in this MS. The purchaser is a member of the “Group of 4“ (+ flat-rate farmers in some MS) who does not exceed the acquisition threshold fixed by the MS of destination and has not opted to be liable to VAT in this MS on his intra-Community acquisitions or he is a private individual • Is it a supply made by a taxable person? YES • Is it a supply in the scope of VAT? YES (supply of goods) • Where is this supply taking place? In Malta (where transport begins) • Is there any exemption? NO (assumption) • Who is liable to pay VAT? A

30. Second hypothesis The distance sales threshold fixed by the MS of destination is not exceeded and there is no option by A to pay VAT of this MS. The purchaser is a member of the “Group of 4“ (+ flat-rate farmers in some MS) who exceeds the acquisition threshold fixed by the MS of destination or has opted to be liable to VAT in this MS on his intra-Community acquisitions • Is it a supply made by a taxable person? YES • Is it a supply in the scope of VAT? YES • Where is this supply taking place? In Malta (where transport begins) • Is there any exemption? YES • Who is liable to pay VAT? N/A

31. Third hypothesis The distance sales threshold fixed by the MS of destination is exceeded or A has opted to pay VAT in this MS. The purchaser is a member of the “Group of 4“ (+ flat-rate farmers in some MS) who does not exceed the acquisition threshold fixed by the MS of destination and has not opted to be liable to VAT in this MS on his intra-Community acquisitions or he is a private individual • Is it a supply made by a taxable person? YES • Is it a supply in the scope of VAT? YES • Where is this supply taking place? In the other MS (where transport ends) • Is there any exemption? N/A • Who is liable to pay VAT? N/A

32. Fourth hypothesis The distance sales threshold fixed by the MS of destination is exceeded or A has opted to pay VAT in this MS. The purchaser is a member of the “Group of 4“ (+ flat-rate farmers in some MS) who exceeds the acquisition threshold fixed by the MS of destination or has opted to be liable to VAT in this MS on his intra-Community acquisitions • Is it a supply made by a taxable person? YES • Is it a supply in the scope of VAT? YES • Where is this supply taking place? In Malta (where transport begins) • Is there any exemption? YES • Who is liable to pay VAT? N/A

33. Example: distance sale to Malta • Goods are supplied by A (regular taxable person) in another MS to B in Malta • Goods are not excise goods nor new means of transport (special regime) and are not exempt from VAT • Goods are transported from the other Member State to Malta on behalf of A Other EU MS Malta Sale of goods B A (regular taxable person) Transport on behalf of A

34. First hypothesis The distance sales threshold fixed by Malta is not exceeded and there is no option by A to pay VAT in Malta. The purchaser is a member of the “Group of 3“ who does not exceed the acquisition threshold fixed by Malta and has not opted to be liable to VAT in Malta on his intra-Community acquisitions or he is a private individual • Is it a supply made by a taxable person? YES • Is it a supply in the scope of VAT? YES • Where is this supply taking place? In the other MS (where transport begins) • Is there any exemption? N/A • Who is liable to pay VAT? N/A

35. Second hypothesis The distance sales threshold fixed by Malta is not exceeded and there is no option by A to pay VAT in Malta. The purchaser is a member of the “Group of 3“ who exceeds the acquisition threshold fixed by Malta or has opted to be liable to VAT in Malta on his intra-Community acquisitions • Is there an ICA ? YES • Is this ICA in the scope of VAT? YES • Where is this ICA taking place? In Malta (where transport ends) • Is there any exemption? NO (assumption) • Who is liable to pay VAT? B

36. Third hypothesis The distance sales threshold fixed by Malta is exceeded or A has opted to pay VAT in Malta. The purchaser is a member of the “Group of 3“ who does not exceed the acquisition threshold fixed by Malta and has not opted to be liable to VAT in Malta on his intra-Community acquisitions or he is a private individual • Is it a supply made by a taxable person? YES • Is it a supply in the scope of VAT? YES • Where is this supply taking place? In Malta (where transport ends) • Is there any exemption? NO (assumption) • Who is liable to pay VAT? A (must register for VAT purposes in Malta under art.10)

37. Fourth hypothesis The distance sales threshold fixed by Malta is exceeded or A has opted to pay VAT in Malta. The purchaser is a member of the “Group of 3“ who exceeds the acquisition threshold fixed by Malta or has opted to be liable to VAT in Malta on his intra-Community acquisitions • Is there an ICA ? YES • Is this ICA in the scope of VAT? YES • Where is this ICA taking place? In Malta (where transport ends) • Is there any exemption? NO (assumption) • Who is liable to pay VAT? B

38. NEW MEANS OF TRANSPORT

39. DEFINITION

40. Land vehicles, vessels, aircraft (intended for transport of passengers or goods) • Motorised land vehicles the capacity of which exceeds 48 cc or the power of which exceeds 7,2 kw • supplied not more than 6 months after the first entry into service or • that have not travelled more than 6.000 km • Vessels exceeding 7,5 meters in length (except « commercial vessels) • supplied not more than 3 months after the first entry into service or • that have not sailed for more than 100 hours • Aircraft the take-off weight of which exceeds 1.550 kg (except airlines) • supplied not more than 3 months after the first entry into service or • that have not flown for more than 40 hours

41. INTRA-COMMUNITY ACQUISITION

42. Always subject to VAT in Malta • Whatever is the quality of the vendor (never treated as a second-hand goods…) • Whatever the qualifications of the acquirer (taxable person, non-taxable legal person, private individual) • (Even if there is no transaction) • Without the application of any threshold • Distance sales regime never applicable Art. 4(1)(b) VAT Act Item 2(a) Part Two Sixth Schedule

43. INTRA-COMMUNITY SUPPLY

44. By a taxable person art.10 acting as such Acting in the framework of his economic activity • Always exempt from VAT if transport is proven • Whatever the qualifications of the acquirer (taxable person, non-taxable legal person, private individual) Art. 9 VAT Act Item 3(1) or (2) Part One Fifth Schedule

45. By another person than a taxable person art.10 • Supplier becomes in any case a taxable person for this supply • Supply exempt with right to deduct VAT (refund) • Refund is however limited to the tax that would be chargeable if the supply by him of the means of transport were a taxable supply • Moreover, refund is in any case limited to the VAT paid on the purchase made by the vendor Item 3(2) Part One Fifth Schedule Art. 5(4) and 25(1) VAT Act

46. Example: intra-Community supply by a private individual • A Maltese private individual purchases a car for 25,000 liri + VAT (18%) = 4,500 liri • He sells the car to an Italian private individual after 5 months (10,000 kilometers) for 30,000 liri. The car is transported to Italy. • The Italian VAT is due by the Italian private individual = 30,000 liri in EUR X 20% • The Maltese private individual can deduct Maltese VAT paid on the purchase up to 30,000 liri x 18% = 5,400 liri but the deduction will be limited to 4,500 liri The Maltese private individual becomes an occasional taxable person for this operation

47. EXCISE GOODS

48. DEFINITION

49. EU Directive Excise • Definition in the (Excise) Directive 92/12/EEC • Mineral oils • Alcohol and alcoholic beverages • Manufactured tobacco Sixteenth Schedule Excise Duty Act

50. INTRA-COMMUNITY ACQUISITION IN MALTA