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Where Taxpayers and Advisers Meet
What impact will the EU invoicing directive have on your business?
18/01/2004, by Mark McLaughlin CTA (Fellow) ATT TEP, Tax Articles - VAT & Excise Duties
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TaxationWeb by VAT Solutions (UK) Limited

VAT Solutions (UK) Ltd outline the possible implications of recent EU legislation on invoicing procedures for your businessWhat impact will the EU invoicing directive have on your business?

There has been a lot of talk in the press recently about the EU invoicing Directive and its effects on UK businesses.

The simple answer, we are glad to tell you, is very little.

The idea of the EU invoicing Directive is to bring all EU member states into line so that they all produce similar VAT invoices and provide consistency for businesses trading in different member states. The main problem with what could be described as sloppy invoicing, was from the Southern European states. Most of the Northern European states already had similar invoicing requirements in place.

The main changes will be:

- Minor changes to the contents of a VAT invoice to add 'unit price' and remove the type of supply and some sterling requirements (although you can still do these if you want).

- Conditions for self-billing to be formally placed in Regulations and a Notice.

- Conditions for electronic transmission and storage of invoices to be placed in Regulations.

- Translation of invoices into English. Businesses will no longer have to show the type of supply or the amount of VAT charged at each rate, but they can continue to include this detail in their invoices if they want to.

They will have to show the unit price, which, although normal commercial practice, is not currently mandatory. Also VAT exclusive amounts may be shown in any currency, provided that the total amount of VAT charged on an invoice continues to be shown in sterling. All other mandatory data elements remain the same as now.

The requirement to include unit price on an invoice applies to countable goods or services. For services the countable element might be, for example, an hourly rate or a price for standard services.

If the supply cannot be broken down into countable elements, then the total tax exclusive price will be the unit price. Additionally, the 'unit price' may not need to be shown at all if it is not normally provided in a particular business sector and is not required by the customer.

In addition there will be some changes to the limits for issuing a less detailed VAT invoice. The current limit is set at invoices of less than £100, this limit is being increased to £250.

Full details can be found in Customs Information Sheet 16/03 which can be found on Customs web site at www.hmce.gov.uk .

These changes come in on 1 January 2004, although Customs say they will be taking a “light touch” for the fist twelve months, so in effect you have until 1 January 2005 to implement the changes. Even if you do get it wrong the system of fines for doing so requires a formal written warning first before the imposition of a small fine.

On another related note, although the requirement to show on EU customers VAT number on a sales invoice to secure zero-rating has been in place for more than ten years now a lot of business do not seem to bother doing so. The VATman has announced on his web site that EU VAT numbers can be verified with them on line. This may be a reminder to business to show the VAT number as they can use the 1 January 2004 changes as an excuse to actively enforce the existing regulations as remove zero-rating from those that do no show an EU customers VAT registration number on their invoices.

Appendix

Less detailed VAT invoice must show the following details:

- Identifying number and date.
- Time of supply (if earlier than invoice date).
- Supplier's name, address and registration number.
- Customer's name (or trading name) and address.
- Type of supply.
- Description sufficient to identify the goods.
- Quantity and price for each line.
- Rates and amounts of VAT charged.
- Totals of VAT and goods at each positive-rate of tax.
- Total amount of VAT charged.

Full VAT invoice must show the following details:

4. (1) Subject to paragraph (2) below and regulation 16, and save as the Commissioners may otherwise allow, a registered person providing a VAT invoice in accordance with regulation 13 shall state thereon the following particulars–

(a) an identifying number,
(b) the time of the supply,
(c) the date of the issue of the document,
(d) the name, address and registration number of the supplier,
(e) the name and address of the person to whom the goods or services are supplied,
(f) a description sufficient to identify the goods or services supplied,
(g) the unit price of the goods,
(h) the gross total amount payable, excluding VAT, expressed in sterling,
(i) the rate of any cash discount offered, and
(j) the total amount of VAT chargeable, expressed in sterling.


VAT Solutions (UK) Ltd
11 Winmarleigh Street,
Warrington,
WA1 1NB

(T) 01925 242497
(F) 01925 242498
(M) 07810 433927
(W) www.vatsolutions-uk.com

VAT Solutions (UK) Limited is an established independent firm of Chartered Tax Advisers, formed by Andrew Needham and Steve Allen. The company has a cross-section of clients from multi-national companies through to medium-sized and numerous smaller regional firms of accountants and solicitors. They produce a regular publication 'VAT Voice', which can be downloaded directly from the Internet via the following address: www.vatsolutions-uk.com/newsletter.doc

About The Author

Mark McLaughlin is a Fellow of the Chartered Institute of Taxation, a Fellow of the Association of Taxation Technicians, and a member of the Society of Trust and Estate Practitioners. From January 1998 until December 2018, Mark was a consultant in his own tax practice, Mark McLaughlin Associates, which provided tax consultancy and support services to professional firms throughout the UK.

He is a member of the Chartered Institute of Taxation’s Capital Gains Tax & Investment Income and Succession Taxes Sub-Committees.

Mark is editor and a co-author of HMRC Investigations Handbook (Bloomsbury Professional).

Mark is Chief Contributor to McLaughlin’s Tax Case Review, a monthly journal published by Tax Insider.

Mark is the Editor of the Core Tax Annuals (Bloomsbury Professional), and is a co-author of the ‘Inheritance Tax’ Annuals (Bloomsbury Professional).

Mark is Editor and a co-author of ‘Tax Planning’ (Bloomsbury Professional).

He is a co-author of ‘Ray & McLaughlin’s Practical IHT Planning’ (Bloomsbury Professional)

Mark is a Consultant Editor with Bloomsbury Professional, and co-author of ‘Incorporating and Disincorporating a Business’.

Mark has also written numerous articles for professional publications, including ‘Taxation’, ‘Tax Adviser’, ‘Tolley’s Practical Tax Newsletter’ and ‘Tax Journal’.

Mark is a Director of Tax Insider, and Editor of Tax Insider, Property Tax Insider and Business Tax Insider, which are monthly publications aimed at providing tax tips and tax saving ideas for taxpayers and professional advisers. He is also Editor of Tax Insider Professional, a monthly publication for professional practitioners.

Mark is also a tax lecturer, and has featured in online tax lectures for Tolley Seminars Online.

Mark co-founded TaxationWeb (www.taxationweb.co.uk) in 2002.

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