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Claritax News

Triangulation – requirement to use “reverse charge” on invoice

10 Jan 2023

The CJEU case of Luxury Trust Automobil has established that under the EU Principal VAT Directive use of the words “reverse charge” is a substantive condition. If these words are not included on the invoice, the triangulation rules are not satisfied.

The triangulation rules allow a company in a supply chain to avoid having to register for VAT. Instead the obligation to account for VAT is passed to the end customer.

As the requirement to use the words is a “substantive” rather than a “formal” requirement it is not possible to reissue the invoices to correct the wording.

https://curia.europa.eu/juris/liste.jsf?language=en&num=C-247%2F21

Related content from Claritax Books

Value Added Tax, written by Ciaran McGee MA (Oxon), FCA, CTA, is an extensive volume (over 1,000 pages), written primarily for non-VAT specialist accountants and tax advisers.

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