CONTENTS Page Appendices 2 Foreword 3 Introduction to VIES and INTRASTAT 4 VAT Information Exchange System (VIES) General 6 VIES Statements 8 VIES Law 8 Completing the VIES Statements 12 Credit Notes 15 VIES Statement Correction 15 Zero-rating of Intra-Community supplies and VAT Registration Queries 17 VAT Number Formats 19 VIES Action List for Traders 20 INTRASTAT 1 General 21 INTRASTAT Law 21 INTRASTAT Returns (Goods Covered) 22 INTRASTAT Exclusions 22 Traders covered and reference dates 24 INTRASTAT – Electronic submission of INTRASTAT Return 25 INTRASTAT Returns, Completion of 25 INTRASTAT Data on the VAT 3 25 The INTRASTAT monthly return 27 INTRASTAT - Guide to Completion 28 INTRASTAT Continuation Sheets 32 INTRASTAT Corrections 33 Treatment of returned goods 33 INTRASTAT Action List for Traders 33 AGENTS 34 SANCTIONS and CONTROL VISITS 35 APPENDICES APPENDIX 1 VAT 3 Return APPENDIX 2 VIES Statement Form APPENDIX VIES Statement Continuation Form 3 APPENDIX 4 VIES Statement Correction Form APPENDIX 4A VAT Registration Confirmation Form APPENDIX 5 Guide to the return of VIES and INTRASTAT data in Electronic Format APPENDIX 6 Electronic & Plain Paper VIES and INTRASTAT Returns APPENDIX 7 INTRASTAT Return Form APPENDIX 8 INTRASTAT Return (Continuation Sheet) APPENDIX Commodity Codes 9 APPENDIX 10 Country Codes for INTRASTAT purposes APPENDIX 11 Transaction Codes APPENDIX 12 Your VIES Questions Answered APPENDIX 13 Your INTRASTAT questions Answered APPENDIX Notification Sheet for VIES and INTRASTAT 14 APPENDIX 15 Delivery Terms APPENDIX 16 Triangulation Information APPENDIX 17 Application forms for supplies from VIMA Office, Dundalk APPENDIX 18 VIMA Control Officer Stations FOREWORD This manual is issued as part of the on-going comprehensive education and promotion programme on VIES and INTRASTAT, and has been updated to take account of all changes which have occurred since 1st January 1993. It replaces the manuals issued in October 1992, November 1995 , February 1999 and March 2003. The manual contains detailed information on the two EU regimes, which came into effect on 1st January 1993. Both regimes entail the periodic submission by importers and exporters of certain information to VIMA about their trade with other EU countries. This manual is the definitive document and all traders are strongly advised to study it carefully. As regards INTRASTAT, the thresholds, which trigger the obligation to make the more detailed monthly return, have been set at 191,000 EURO for Arrivals (Imports) and 635,000 EURO for Dispatches (Exports) (see paragraph 8.3). As regards VIES, there is no threshold. Each VAT registered trader who zero-rates goods to a VAT registered trader in another Member State, must submit a VIES Statement regardless of value. Traders must submit their INTRASTAT and/or VIES declarations by the due date (see Par. 3.11 and 8.6) This manual contains details of how to make VIES and INTRASTAT declarations in electronic format or plain paper (See Appendices 5 and 6). It is very specific about the scope of the new system, i.e. the kinds of transactions that are covered and those that are not. Information on the conditions, which apply to the zero-rating of supplies to other member states, is also included. (See paragraph 5). We include VIES and INTRASTAT action lists for traders (See paragraphs 6 and 10 respectively) and we illustrate the requirements in questions and answers format (See Appendices 12 and 13) FURTHER INFORMATION: If you want any further information or clarification about anything in this manual please contact: VIMA, Office of the Revenue Commissioners, P.O. Box 43, Dundalk, Co. Louth. Telephone No.:(042) 9353300 or LoCall No.: 1890251010 Fax No.: (042) 9353388 E Mail: [email protected] VIES AND INTRASTAT 3 1. INTRODUCTION TO VIES AND INTRASTAT 1.1 In January 1993, frontier controls on the movement of goods between E.U. Member States were abolished and Importers and Exporters in E.U. trade no longer were required to complete customs documentation. Under Council Regulation (EEC) No. 218/92 of 27th January 1992, the EU Council established a system of administrative co-operation known as the VAT Information Exchange System (VIES) which was designed to prevent and deter abuse of the VAT zero-rating provisions for goods traded in the EU from 1st. January 1993. An integral part of the VIES arrangements is a requirement that each Member State must store and process specific information which it collects from its exporters about their trade with other Member States. The details are set out in paragraphs 2 to 6 below. 1.2 Council Regulation (EEC) No. 3330/91 of 7th November 1991 introduced a system known as INTRASTAT which was designed to ensure that from 1st January 1993, statistics of internal EU trade could be collected in a way, which would maintain the quality of the statistics and the timeliness of their collection. The details are set out in paragraphs 7 to 10 below. 1.3 Both of these systems place obligations on traders to submit periodic declarations of their trade to VIMA Dundalk. Statements required for VIES relate only to dispatches of goods to VAT Registered Traders in other EU countries. Returns under INTRASTAT concern arrivals from, as well as dispatches to, other Member States. A summary of the VIES and INTRASTAT requirements is given in the table under. Summary of VIES requirements Category of Trader and INTRASTAT VIES 4 INTRASTAT If value of dispatches exceeds 635,000 EURO annually, complete a detailed INTRASTAT monthly return Do not complete (VIES If value of arrivals Statement applies only to exceeds 191,000 EURO annually, complete a exports) detailed INTRASTAT monthly return A ‘Nil’ Declaration must be made where appropriate for a particular period. Traders who dispatch to EU Complete VIES statement Member States (Quarterly or monthly --Annually in limited cases) Traders who have arrivals from EU Member States. declaration VAT 3 return All traders must complete the Intra-EU Trade (INTRASTAT) section, Boxes E1 and E2 of the VAT 3 return; these boxes should never be left blank. . N.B. The digit 0 must be shown where appropriate for a particular period. Note: A copy of a VAT3 return is reproduced at Appendix 1. --------------------------------------------------------------------------------------------------- Please remember, getting things right from the start is the best way to avoid problems later on. You may receive a query from our office regarding information submitted on a particular Declaration; if you do, you should endeavour to make a reply within the specified time in order to avoid the same problem recurring in subsequent returns/statements. If you need help or advice with the completion of your VIES/INTRASTAT declarations, please contact our Help-line at VIMA, Dundalk (042) 9353300 or LoCall No.1890-251010. If your query is complicated we recommend you outline it in writing, quoting your VAT Number and send it to us at VIMA, P.O. Box 43, Dundalk, Co. Louth or Fax it - Fax Number (042) 9353388. Supplies of VIES/INTRASTAT related forms etc. may be obtained from VIMA, Dundalk. See Appendix 17 for Application Form (Optional) 5 THE VAT INFORMATION EXCHANGE SYSTEM (VIES) 2. GENERAL 2.1 VAT controls rely a great deal on the auditing of trader’s commercial records (such as accounts, transport documents, invoices, settlement documents, etc.) and on co-operation arrangements between Member States. 2.2 In addition, zero-rating of trade between Member States is conditional in part on the exporter being in a position to show that the goods have in fact been supplied to a VAT-registered person/trader in another Member State. The other conditions are set out in paragraph 5.1 below. A Statement of Practice (SP-VAT /8/92) is available from your local VAT Office or from VIMA, P.O. Box 43, Dundalk. 2.3 The VAT Information Exchange System (VIES) put in place by the EU, contributes to the effectiveness of the new VAT arrangements. It provides a mechanism whereby checks can be made in each Member State on the validity of claims to zero-rating and it helps to detect unreported movements of zerorated goods between Member States. 2.4 VIES also enables exporters who have doubts about the validity of VAT Numbers quoted to them, to confirm the VAT registration numbers of their customers in other EU Member States (see also paragraph 5.4 to 5.8 below). 2.5 Under the EU rules governing VAT in the Single Market, VAT registration numbers in all the Member States have, from 1st January 1993, been prefixed by alpha codes indicating the country of their issue. Irish VAT numbers have been prefixed by "IE" to denote their Irish origin. The full list of Member States and their alpha codes is as follows: France (FR), Belgium (BE), Luxembourg (LU), Netherlands (NL), Germany (DE), Italy (IT), Ireland (IE), Denmark (DK),* Greece (EL), Portugal (PT), Spain (ES), *Northern Ireland (GB), *United Kingdom (GB), Sweden (SE), Finland (FI), Austria (AT) Cyprus (CY), Czech Republic (CZ), Estonia (EE), Latvia (LT), Lithuania (LT), Hungary (HU), Malta (MT), Poland (PL), Slovenia (SI) and Slovakia (SK). The proper alpha code forms an integral part of all VAT numbers and must be quoted along with the VAT number on all invoices (See 5.8 below). * For VIES purposes only Northern Ireland VAT Nos. use the GB prefix, and Greek VAT Numbers use the EL prefix. 6 2.6 An essential part of the VIES arrangements is that exporters in each Member State are obliged to provide to their tax authorities, periodic statements giving specific details of their trade (i.e. Intra-Community supplies of goods and certain transfers of goods) with other member States. Each Member State maintains a database in which it stores and processes the information on these statements to enable control checks of the kind mentioned in paragraph 2.3 to be carried out. 2.7 The VIES system applies to Intra-EU export trade only. The Customs requirements including the normal export entry procedure (SAD) continue to apply to third country trade. 7 3. VIES STATEMENTS 3.1 VIES LAW: The legislation covering VIES is: Council regulation (EC) No. 1798/2003. 6th Council Directive (77/388/EEC) as `amended by Council Directive 91/680/EEC. Finance Act 1992, Section 183, which inserted Section 19A into the Value-Added Tax Act, 1972; and Value-Added Tax (Statement of Regulations, 1993 (S.I. No. 54 of 1993). 3.2 Intra-Community Supplies) Each VAT registered exporter to other Member States is required to supply a periodic VIES statement to VIMA containing the following information: • Trader’s own VAT registration number. • The VAT registration number, including the relevant national alpha codes of each of the customers in other Member States to whom he made a zerorated Intra-Community supply of goods e.g. export sales, during the period (See Paragraph 5.8 for VAT number formats). • The total aggregate value of such supplies made to each such customer during the period • Details of goods involved in Triangulation. (See Appendix 16 for details) 3.3 Certain transfers of goods to other member states for the purpose of the exporter's business e.g. branch-to-branch transactions are deemed to be IntraCommunity supplies (see Appendix 12 Question 4). The value to be given for such transactions in VIES statements should be the open market value of the goods. 3.4 The date that the VAT becomes chargeable determines in which periodic VIES Statement the supply is to be included. VAT becomes chargeable on the date of issue of the invoice or the 15th day of the month following the supply, whichever is the sooner. In the case of transfers for business purposes, the determining date shall be the date the goods were transferred. 8 3.5 A statement is required in respect of each calendar quarter; however, where a trader finds it more convenient to furnish monthly statements, he/she can do so on written application to VIMA, Registration Section P.O. Box 43, Dundalk, Co. Louth. Exporters whose total annual dispatches are under a certain value may apply to make one statement each year (A1 or A2) The criteria for determining “A1” or “A2” status are set out below. “A1” (a) where the trader’s supplies of goods and related services do not exceed or are not likely to exceed 200,000 EURO in the calendar year, and (b) his intra-community supplies do not exceed or are not likely to exceed 15,000 EURO in the calendar year, and (c) his supplies do not include the supply of new means of transport An “A1” statement is similar to any monthly or quarterly statement and all the relevant details i.e. VAT Nos. of customers, values, flags etc must be supplied. “A2” As in (a) and (b) above except that the 200,000 EURO figure in (a) is replaced by a figure of 85,000 EURO An “A2” statement requires the Declarant to list the VAT Nos. of the Trader’s customers in the other Member States, but does not require the value of the trade or “T” flag. Irrespective of whether a trader is “Q” (quarterly), “M” (monthly), “A1” or “A2”, he must use the VIES Statement (VS1 (E)) form, Plain Paper in an approved format or electronic format (Diskette or E-Mail; see 3.12 below). N.B. Where an exporter has no dispatches (exports) to other Member States in a particular period, a “Nil” statement must be submitted for that period. 3.6 The VIES Statement involves the furnishing of aggregate turnover information only. Exporters should not provide details of individual transactions on the VIES Statement, but merely a total value figure for trade with each VAT registered customer in another Member State in the course of each period. 3.7 Information collected by each Member State from VIES statements is available to the tax authorities of other Member States solely for the purpose of controlling the taxation of goods acquired in other Member States and in order to combat evasion of VAT. 9 3.8 Blank VIES Statement forms are issues by Revenue to VAT registered traders known to be involved in the intra-community supply of goods. Certain details are pre-printed (see paragraph 4.3 below). A separate form is available to enable traders to make corrections to previously submitted statements (see paragraph 4.9). VIES statements are additional to, and separate from, the VAT 3 returns For sample VIES Declarations Forms, please see Appendices 2,3 and 4. 3.9 Traders identified by the VIMA office as being currently involved in IntraCommunity trade are advised of their obligations under the VIES system; however the onus is on the traders to supply this information, even if not specifically advised of their obligations by VIMA. 3.10 A trader may make his own VIES statement or may appoint an agent (e.g. his accountant or the person who completes his VAT returns) to make VIES declarations on his behalf (see par. 11 below for the conditions which apply). For traders who are Group Registered for VAT the following arrangements apply:- each trader in the group should always use his own VAT registration number as well as his own business name or trading name as appropriate, and address, on the invoice when making an Intra- Community supply. The Group remitter’s registration number should not be used unless the trader concerned is in fact the group remitter and, - each trader in the group should complete his own separate VIES statement (quoting his own VAT number) in respect of the zero-rated supplies etc. (see paragraph 3.2 above) made by him and forward the statement to VIMA or alternatively, - the group remitter may make an individual VIES statement for each trader in the group under the VAT number of the individual trader concerned. VAT 3 returns should continue to be made in the usual way 3.11 10 VIES Statements must be forwarded to the Office of the Revenue Commissioners, VIMA Office, P.O. Box 43, Dundalk, Co. Louth, to arrive by the last day of the month following the end of the relevant period; e.g. the January to March quarterly statement has to be received by the last day of April; any monthly statement for January has to be received by the last day in February. 3.12 The more detailed VIES monthly return will be accepted in the following formats: - Electronic Format is the preferred option ROS E-mail to [email protected] Diskette - Paper, either on the official form or on plain paper in an approved format Traders who intend to submit their returns other than on the official form, are requested to contact VIMA for further information. For information contact VIMA Dundalk, Phone No. (042) 9353700 or LoCall No. 1890251010 3.13 As regards electronic formats, VIMA’s "Guide to the Return of VIES and INTRASTAT Information on Computer diskette ", has all the details. The Guide is reproduced at Appendix 5. As regards returns on plain or computer paper see Appendix 6. 3.14 Electronic submission of VIES returns ROS is the Irish Revenue's interactive internet facility providing business customers with a quick, secure and cost effective method to conduct their business electronically with Revenue. ROS has produced both on-line and off-line facilities for the completion of VIES returns. System requirements are defined on the ROS site at http:// www.ros.ie/ Full details of all services and facilities are available on our Services page. To become a ROS customer. If you are a new customer, Access your ROS Services page at http://www.ros.ie/ How to become a ROS customer - click step-by-step instructions Select Step 1. Apply for your ROS Access Number (RAN), Complete the required fields and submit. When the RAN arrives by post. Select Step 2. Apply for your Digital Certificate, Complete the required fields and submit. When the System Password arrives by post. Select Step 3. Retrieve your Digital Certificate, Complete the required fields and submit. Your Digital Cert. is now saved on the hard drive of your PC. The facility to input lines manually or import the data from another source is available. A VIES - ROS helpline is available during normal working hours at VIMA office at (042) 9353700 or LoCall 1890 251010. 11 4. COMPLETING THE VIES STATEMENT 4.1 There are two types of statements, the VIES Statement (including a continuation sheet) and the VIES Statement Correction (The forms are reproduced at Appendices 2 to 4). These forms must be completed otherwise than in handwriting by means of typing or similar process. The statements can also be made in other formats (see paragraph 3.12 and 3.13 above) but VIMA's preference is for statements to be submitted in non-paper formats. 4.2 The VIES Statement is normally made on a quarterly or monthly basis, with small traders having the option of making the statement annually, (see par. 3.5 above). Where an exporter has no exports to other Member States in a particular period, a NIL statement must be submitted for that period. A box by box/column by column commentary follows. 4.3 VIES STATEMENT-Boxes 1 to 6 The following boxes are pre-printed by Revenue prior to issue of the form:Declarant's Name and Address This could be the trader or an agent nominated by the trader. Declarant's VAT Registration No. (Box 2) Self-explanatory. Trader's Name and Address (Box 3) Self-explanatory. Trader's VAT Registration No. (Box 4) Self-explanatory. Type of Return (Box 5) This could be M. (monthly), Q. (quarterly) A1 or A2 (annually; with values, one without values, depending on the size of the trader’s Intra-community trade; see Par. 3.5). Period of Return (Box 6) 12 This will be in year-year-month-month format and will indicate what transactions are to be included in the statement, e.g. “9903" could indicate a monthly period ending in March, or the first quarterly period also ending in March. (Box 5 would distinguish these for computer purposes). In neither case should a supply in respect of which VAT is chargeable after the end of March, be included in the statement. 4.4 VIES STATEMENT- Boxes and Columns 7 to 13 The following boxes and columns should be completed by the trader or his agent. Total Value of Supplies of Goods (Exports) (Box 7) The grand total of the amounts given in Column 11 Value of Supplies of Goods, with due account taken of data on continuation sheets and account taken of any negative values (e.g. credit notes, see paragraph 4.7 below). The values to be given are in respect of all zero-rated Intra-Community supplies of goods and the other transfers mentioned in paragraph 3.3 above Values are to be rounded to the nearest EURO. f Number of Items (Box 8) The total number of items i.e. separate lines of information given in Column 9 in the form including those shown on continuation sheets, must be inserted in this box. Item Number (Column 9) Each “item” (or line of information) should be numbered sequentially by the person completing the statement, care being taken to ensure that no number is omitted or that a number is not repeated The purpose of this column is to facilitate the identification of data supplied by a trader in the event of it being necessary for VIMA to query the information with the trader Customer VAT Registration Number (Column 10) The VAT registration number, prefixed by the proper alpha code of each customer in another Member State to whom an Intra-Community supply of goods was made in the period covered by the statement must be inserted in this column. (See Paragraph 5.8 for VAT Number formats and Alpha codes). An IE VAT Number should never appear in this column. Value of Supplies of Goods (Exports) (Column 11) The invoiced value of the goods rounded to the nearest EURO (or the open 13 market value where the transaction does not raise an invoice), aggregated where there is more than one Intra-Community supply of goods to the same customer during the period, should be inserted in this column. For the treatment of credit notes see paragraph 4.7 below. Contract/ Processing work should be treated as a supply of a service for VAT purposes. If a trader sends goods to another Member State for Contract /Processing work which will subsequently be returned to the said trader, this transaction should not be included in the VIES statement. Similarly, if a trader is returning goods to a trader in another Member State after processing in this country, this transaction should not be included in the VIES statement. Flag (Column 12) This column should be left blank unless the goods were involved in EU VAT Triangulation, in which case "T" should be inserted in Flag Indicator Column 12. (Please see Appendix 16 for information on Triangulation). In practice, this applies to relatively few traders. Signature (Box 13) The statement, which is a legal document, must be signed by the exporter or a person authorised by the exporter. Regardless of whether the trader or his agent signs the statement, the exporter is still responsible for any information contained or not included in it (see paragraph 11 below concerning statements by agents). Declarant's Details (Box 13) In addition to the signature, the name of the person who signed the return must be typed. The date of signature and the telephone and fax number should also be given. 14 4.5 THE VIES STATEMENT CONTINUATION SHEET This is a continuation sheet for data 'overflow' from the VIES statement form, i.e. where the trader has supplied goods to more than 12 customers in the relevant period. The continuation sheet [VS1A (E)] allows for an additional 20 item lines. More than one continuation sheet may be used. A copy of the form is at Appendix 3 and it should be noted that this form will not be pre-printed. Instead, the declarant will be obliged to fill in the trader's VAT number and the period box 6, plus Columns 9 to 12. The instructions for completing these are as given at paragraph 4.4 above. 4.6 Traders submitting returns on plain or computer paper must do so in accordance with the approval given by VIMA, Dundalk (see Appendix 6). 4.7 CREDIT NOTES 4.8 4.9 If a credit note is given in respect of goods previously invoiced but found to be defective or not the goods ordered by the customer etc., the exporter should treat the transaction as follows. If the credit note issues within the same VIES statement period as the supply, the value of the supply is reduced for VIES purposes by the value of the credit note and the two (or more) transactions are netted out. Similarly, with a credit note which issues in a subsequent reporting period during which there is one or more other transactions; the transactions and the credit note are netted out, and the netted out figure is included in the relevant VIES Statement. If that netted-out figure is a minus figure, a minus is put in front of the value for VIES Statement purposes. Where a credit note issues in a statement period in which there are no other transactions, the credit note figure appears as a minus figure on the VIES Statement. There are brief notes on the completion of the VIES Statement at rear of the form (See Appendix 2). The VIES Statement Correction The VIES Statement correction form is reproduced at Appendix 4. It should be used when a trader has discovered an error in a statement which has already been submitted to VIMA (See par. 4.12 below). A separate VIES Correction Statement must be submitted for each period as required. None of the boxes will be preprinted and all must be completed by the person making the correction statement. Generally speaking, the VIES Correction Statement must be completed where errors were made on previously submitted VIES statement(s). The corrected information is declared as is the period to which it relates (see paragraph 4.10 below). However, if any of the VS1E header information (i.e. Boxes 1 to 6 on the original statement) was incorrect, then the original VIES statement(s) should be withdrawn and a fully completed replacement(s) sent to VIMA. 15 4.10 As regards errors in the original VIES statement (VS1E) line information (i.e. Columns 10,11 or 12 of the VS1E); the Correction form should be used in the following way. If the CUSTOMER VAT REGISTRATION Number is incorrect (See 4.12 below), that number should be repeated on the Correction Form and the VALUE OF SUPPLIES of goods (Column 11) should be made to read zero. The correct VAT Number should then be given in the next line with the appropriate figure in the VALUE OF SUPPLIES of goods (Column 11) and FLAG INDICATOR (COLUMN 12) should be completed if relevant. For other separate errors, such as an incorrect VALUE OF SUPPLIES of GOODS, repeat all of the original correct information e.g. CUSTOMER VAT NO. and FLAG INDICATOR and give the full corrected value and not the variance. The information given on the Correction Statement overwrites the relevant corresponding details given in original VIES Statement(s). 4.11 A VIES Correction Statement refers to one period only. A separate Correction Statement must be submitted for each different period as appropriate in the format YYMM e.g. if the correction relates to period 9903, then this should appear in Box 6. Box 13 should give the date on which the Correction form is being signed together with the usual declarant details. 4.12 The VIMA office conducts a check on the validity of the Customers VAT number quoted on VIES Statements; as a result of this check, queries may be sent out to traders (by fax or post). Where a trader is advised of such an error, the VIES Statement Correction form is not necessary. VIMA are to be advised in writing or by fax of correct VAT number(s). 16 5. ZERO-RATING OF INTRA-COMMUNITY SUPPLIES AND VAT REGISTRATION ENQUIRIES. 5.1 Prior to 1st January 1993 all exports of goods to destinations outside the State, qualified for the zero rate of VAT. This continues to be the case for exports to countries outside the EU after 1st January 1993. However, under the EU VAT arrangements applicable from that date, an Irish trader registered for VAT may zero-rate the supply of goods to a customer in another Member State provided that: (i) the customer is registered for VAT in the other Member State (ii) the customer’s VAT registration number is obtained and retained in the supplier’s records (See Par. 5.5 to 5.8) (iii) this number, together with the supplier’s VAT registration number is quoted on the sales invoice, (iv) the goods are dispatched and transported to the other Member State, (v) the supplier retains appropriate commercial documentary evidence that the goods have been removed from the State (see 5.3 below) (vi) a periodic VIES statement is supplied to VIMA containing information outlined in Par. 3.2 5.2 If the seller is unable to comply with the above, VAT should be charged and remitted at the appropriate Irish rate. If a supplier is not able to satisfy the Revenue Commissioners that particular consignments of goods have been sold and delivered to a VAT registered person in another EU Member State, the supplier will be liable for the payment of Irish VAT on the transaction. 5.3 Where transport of the goods is arranged by the customer or the goods are taken away by the customer using his or her own transport, the seller will need to be satisfied that the goods are dispatched and transport to another Member state. The normal documentary evidence should be retained in relation to the sale itself but in addition, the supplier should obtain and retain documentary evidence from the customer that the goods were received in another member state. The type of documentation acceptable will include transport documents, copies of warehouse receipts, delivery dockets etc. It might also be prudent for the supplier to record details (e.g. vehicle registration nos.) of the means of transport used by the customer. 17 5.4 VIMA have provided a facility whereby Irish exporters can verify the VAT registration numbers quoted by their customers in other Member States. However, use of the verification system is not obligatory and traders, who are familiar with their customers and are aware of their bona fides from trading with them over a period of time, will not be expected to use the verification system. Instead they should contact such customers and ask them to confirm in writing their VAT registration number. (Please see appendix 4A for an example of the type of form that might be used for this purpose). 5.5 An Irish trader, who has doubts about the validity of a VAT number quoted by a customer, can use the verification system to establish whether a particular number is valid. The system is primarily intended to be used in such circumstances and is not intended for routine checks. 5.6 Under EU rules, the verification system can be used only to confirm whether or not a specified VAT number relates to a named trader. It cannot be used either to find out what a particular trader's VAT number is or to find out the name and address to which a particular VAT number relates. 5.7 Each verification will be confirmed in writing by VIMA, if required, and exporters will be able to request this information by means of telephone enquiry, fax or by post to VIMA Office, Mutual Assistance Section, P.O. Box 43, Dundalk, Co. Louth. Phone (042) 9353300, LoCall No.1890-251010 or Fax (042) 9353388 18 5.8 Traders are advised that before inserting a customer’s VAT Registration Number in Box 10 of the VIES statement, they should verify VAT No. Format, which includes the Country code prefix, hereunder. COUNTRY VAT NUMBER FORMAT AUSTRIA BELGIUM DENMARK FINLAND FRANCE GERMANY GREECE IRELAND One letter and eight digits Nine digits Eight digits Eight digits Eleven digits Nine digits Nine digits Seven digits and one letter or six digits and two letters ITALY Eleven digits LUXEMBOURG Eight digits NETHERLANDS Eleven digits and one letter PORTUGAL Nine digits SPAIN Eight digits and one letter or seven digits and two letters SWEDEN Twelve digits UNITED KINGDOM Nine digits or twelve digits (if the [including Northern number represents a sub-company within a group Ireland.] CYPRUS Eight digits and one letter CZECH REPUBLIC Eight, nine or ten digits ESTONIA LATVIA LITHUANIA Nine digits Eleven digits Nine or Twelve digits HUNGARY MALTA POLAND SLOVENIA SLOVAKIA Eight digits Eight digits Ten digits Eight digits Ten digits EXAMPLE AT U12345678 BE 123456789 DK 12345678 FI 12345678 FR 12345678912 DE 123456789 EL 123456789 IE 1234567A or IE 1Z23456A IT 12345678912 LU 12345678 NL 123456789B12 PT 123456789 ES A12345678 or ES X1234567W SE 123456789123 GB 123456789 or GB 123456789001 CY12345678M CZ12345678 CZ123456789 CZ1234567891 EE123456789 LV12345678912 LT123456789 LT123456789123 HU12345678 MT12345678 PL1234567891 SI12345678 SK1234567891 N.B. For VIES purposes Northern Ireland VAT Nos. always have GB as the Country prefix. 19 6. VIES ACTION LIST FOR TRADERS 6.1 Traders who export goods to VAT Registered Customers in other Member States might find the following approach useful:(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) 6.2 Study this Manual carefully and contact VIMA with any questions you might have. (See also notes at back of VIES Statement.) If you have not been told specifically what your obligations are (by Revenue letter), contact VIMA. Remember, even if you have not been specifically advised of your obligations, the onus is on you to make the appropriate returns. (In this regard see the table Par. 1.6). Assess the implications of VIES for your business. Decide how the relevant information is to be collected and collated, Ensure that the VIES Declaration is submitted by the due date (see Par.3.4) Decide who is to collect and collate the information. Notify VIMA if you propose to nominate an agent to do this work (see paragraph 11). Decide how the information is to be passed to VIMA i.e. Electronic Format (see Appendix 5), the official forms, or plain paper (see Appendix 6). Decide whether you wish to make a quarterly statement or a monthly statement and if the latter, contact VIMA as soon as possible. Annual returns can be submitted in limited cases (see paragraph 3.5 above) Ask your customers to confirm their VAT numbers to you (See appendix 4A) ensuring that the number has the relevant alpha prefix and is in the proper format (see paragraph 5.8 above). The Notification Sheet (reproduced at Appendix 14) is a convenient way for you to advise VIMA as per (vi) to (viii) above and is available from VIMA, Registration Section, P.O. Box 43, Dundalk, Co. Louth. Phone (042) 9353300 or LoCall No. 1890-251010. HELP DESK It is the policy of the Revenue Commissioners to assist Traders in complying with Revenue obligations. For this purpose we have a comprehensive and accessible information service available at our Help Desk at VIMA, Dundalk. Telephone No. (042) 9353300, LoCall No. 1890 251010, Fax No. (042) 9353388 or E-mail to [email protected] 20 INTRASTAT 7. GENERAL 7.1 Statistics of foreign trade are of vital interest to Government Departments as well as the EU and they are also an important source of information for business. For example, they are used by Governments to monitor industrial performance and to help develop economic policy. They provide traders with a basis for identifying markets and assessing market shares as well as determining the degree of import substitution for home manufactured goods, market penetration by competitors, etc. 7.2 In adopting Council Regulation (EEC) No.3330/91 of 7th November 1991 the EU provided a method of collecting statistics of intra EU trade which does not rely on frontier controls. This system known as INTRASTAT, involves the periodic submission of information to VIMA by importers and exporters. Statistics on trade with non-EU countries (Third Countries) is collected from customs declarations (SAD); therefore "Third Country" trade must not be declared on the INTRASTAT declaration. 7.3 INTRASTAT LAW The legislation covering INTRASTAT is: ∗ Council Regulation (EEC) No. 638/2004; ∗ Commission Regulation (EEC) No. 1982/2004; ∗ The European Communities (INTRASTAT) Regulations, 1993 (S.I. No.136 of 1993 (as amended)). 21 i 8. INTRASTAT RETURNS 8.1 GOODS COVERED The INTRASTAT system involves two types of return i.e., the return of statistical data in Boxes E1 & E2 of the VAT3 form (reproduced at Appendix 1) and the return of data on the more detailed INTRASTAT monthly return (reproduced at Appendix 7). Overall, information is required on almost all transactions, (for exceptions see paragraph 8.2) whether commercial or not, which lead to a movement of Community goods (including excisable goods) from one Member State to another. Community goods can be defined as:(i) (ii) (iii) goods entirely obtained in the customs territory of the Community, goods from countries outside the customs territory of the Community which have been put into free circulation, goods which have been obtained from (ii) above or from a combination of (i) and (ii). 8.2 INTRASTAT Exclusions List of goods excluded from statistics relating to trading of goods between Member States to be transmitted to the Commission (Eurostat) (a) Means of payment which are legal tender and securities (b) Monetary gold (c) Emergency aid for disaster areas (d) Goods benefiting from diplomatic, consular or similar immunity (e) Goods for and following temporary use, provided all the following conditions are met: 1. no processing is planned or made 2. the expected duration of the temporary use is not longer than 24 months. 3. the dispatch/arrival has not to be declared as a delivery/acquisition for VAT purposes. (f) 22 Goods used as carriers of information such as floppy disks, computer tapes, films, plans, audio and videotapes, CD-ROMs with stored computer software, where developed to order for a particular client or where they are not subject of a commercial transaction, as well as complements for a previous delivery e.g. updates for which the consignee is not invoiced. (g) Provided that they are not the subject of a commercial transaction: 1. advertising material 2. commercial samples (h) Goods moving into or out of Free Zones in Ireland (e.g. Shannon Free Zone). (i) Goods dispatched to national armed forces stationed outside the statistical territory and goods received from another Member State which had been conveyed outside the statistical territory by the national armed forces, as well as goods acquired or disposed of on the statistical territory of a Member State by the armed forces of another Member State which are stationed there (j) Spacecraft launchers on dispatch and on arrival pending launching into space and at the time of launching into space (k) Sales of new means of transport by natural or legal persons liable to VAT to private individuals from other Member States INTRASTAT - TRADERS COVERED AND REFERENCE DATES 8.3 Firstly, all traders registered for VAT are required to complete boxes E1 and E2 of the VAT 3 return; these boxes should never be left blank and “Nil” should be entered when appropriate. For each box a single value figure only is required; no breakdown of trade with different Member States or of the type of trade is necessary on the VAT 3 form to meet INTRASTAT requirements. For the majority of traders this should be the only obligation arising under INTRASTAT. It should be noted that Trade in Services alone or noncommunity goods should not be included in Boxes E1 or E2 of the VAT 3 form or in the INTRASTAT Return. Traders whose total arrivals from other Member States exceed 191,000 EURO in value annually or whose total dispatches to other Member States exceed 635,000 EURO annually are in addition to this requirement obliged to provide a more detailed INTRASTAT statistical return of their trade each month (see Appendix 7). For INTRASTAT purposes it is the date that VAT becomes chargeable which determines in which VAT statement or INTRASTAT monthly return a transaction is included. VAT becomes chargeable on the date of issue of the invoice or the 15th day of the month following the supply or acquisition, whichever is the sooner. Where VAT is not chargeable on a particular movement of goods, the reference date is the date the goods arrived in or left the State. 8.4 It should be noted that the VAT 3 boxes E1 and E2 are concerned only with certain transactions but the more detailed INTRASTAT return is concerned with a wider range of transactions. Particulars of the information to be included in the different returns and detailed instructions on the completion of these are set out in paragraph 9. 8.5 The more detailed INTRASTAT return forms are issued each month by Revenue for completion by traders or their agents whose import and/or export 23 business is known to exceed the relevant threshold(s). The VAT 3 Return is sent out in the usual way. It is the aim of VIMA to advise traders who are involved in Intra- Community trade of their obligations under the INTRASTAT system i.e. whether or not they must provide the VAT3 statistical data only or must provide this and the more detailed INTRASTAT monthly return. However, the onus is on traders to supply this information even if not specifically advised of the obligation by VIMA. 8.6 The time limit for submission of the more detailed monthly INTRASTAT return to VIMA is not later than the tenth working day immediately following the end of the month to which the return relates. The returns should be sent to the Revenue Commissioners, VIMA Office, P.O. Box 43, Dundalk, Co. Louth. 8.7 As stated, the more detailed INTRASTAT returns are required monthly. Any trader who would prefer to make more frequent returns than one per month should seek prior agreement to this from VIMA, P.O. Box 43, Dundalk, Co. Louth. Phone No. (042) 9353300 or LoCall No. 1890-251010. 8.8 A trader may appoint an agent(s) to make returns on his behalf (see paragraph 11 for the conditions which apply). In respect of group VAT registration cases the group remitter will make a single VAT3 return. It will be open to the group remitter to make the more detailed INTRASTAT monthly return on behalf of all the companies in the group. Alternatively, the individual companies in the group may make individual returns. Group remitters wishing to make a "global" monthly return must notify VIMA in advance in writing. 8.9 8.9 The more detailed INTRASTAT monthly return will be accepted in the following formats: - Electronic Format is the preferred option ROS E-mail to [email protected] Diskette - Paper, either on the official form or on plain paper in an approved format Traders who intend to submit their returns other than on the official form, are requested to contact VIMA for further information. For information contact VIMA Dundalk, Phone No. (042) 9353700 or LoCall No. 1890251010 8.10 As regards electronic formats, VIMA’s "Guide to the Return of VIES and 24 INTRASTAT Information on Computer diskette ", has all the details. The Guide is reproduced at Appendix 5. As regards returns on plain or computer paper see Appendix 6. 8.11 Electronic submission of Intrastat returns ROS is the Irish Revenue's interactive internet facility providing business customers with a quick, secure and cost effective method to conduct their business electronically with Revenue. ROS has produced an off-line package for the completion of Intrastat returns. The Commodity Code DataBase is updated annually. System requirements are defined on the ROS site at http:// www.ros.ie/ Full details of all services and facilities are available on our Services page. To become a ROS customer. If you are a new customer, Access your ROS Services page at http://www.ros.ie/ How to become a ROS customer - click step-by-step instructions Select Step 1. Apply for your ROS Access Number (RAN), Complete the required fields and submit. When the RAN arrives by post. Select Step 2. Apply for your Digital Certificate, Complete the required fields and submit. When the System Password arrives by post. Select Step 3. Retrieve your Digital Certificate, Complete the required fields and submit. Your Digital Cert. is now saved on the hard drive of your PC. The facility to input lines manually or import the data from another source is available. An INTRASTAT-ROS helpline is available during normal working hours at VIMA office at (042) 9353700 or LoCall 1890 251010. 9. COMPLETING THE INTRASTAT RETURNS INTRASTAT data on the VAT 3 9.1 All traders registered for VAT are required to complete the INTRASTAT section i.e. Boxes E1 and E2 of the VAT 3. (The VAT 3 form is reproduced at Appendix 1). The total value of goods and related services should be shown in these boxes. Where a trader has no Intra-Community trade in a particular period, he should write the digit 0 in Box E1 and/or E2 as appropriate. Boxes E1 and E2 must not be left blank. 9.2 Box E1 of the VAT 3 Form, "Total goods to other EU Countries", should contain the total value for VAT of Intra-Community supplies of community goods and related services, made by the Irish trader to other Member States on which VAT became chargeable during the period covered by the VAT return. Box E 1 should also contain 25 the value of goods sent to other Member States for installation or assembly there and distance sales e.g. mail-order sales made above the relevant threshold(s). (See 9.3 below). Box E2 of the VAT 3 Form "Total goods from other EU countries", should contain the total value for VAT of Intra-Community acquisitions of Community goods and related services acquired by (e.g. invoiced to) the Irish trader from other Member States during the period covered by the VAT return. Box E2 should also contain the value of goods brought into the State for installation or assembly. Similarly with distance sales e.g. mail-order goods brought into the State after registration here by any other Member State trader (see Par.9.3 below). For E1 purposes the "Value for VAT" may be defined as the total consideration (e.g. invoice or contract price) including all taxes, commissions, costs and charges whatsoever but not including Value Added Tax chargeable in respect of the goods. For E2 purposes the "value for VAT" is the total consideration (e.g. invoice or contract price) which the other Member State supplier becomes entitled to receive in respect of the goods including all taxes, commissions costs and charges whatsoever, but not including Value Added Tax chargeable in respect of the goods. It should be noted that supplies of services alone and non-community goods should not be included in boxes E1 or E2 of the VAT 3. 9.3 An Irish supplier installing or assembling goods in another member State is required to include the value of these goods in Box E1 of his Irish VAT 3 return. At the same time he may have to register for VAT in the other Member State (if not already registered there) and if so, must account for the value of the goods in his VAT return there i.e. in the other Member State's equivalent of our VAT3, including their equivalent of our Box E2. Another Member State supplier installing or assembling goods here must undergo the same process. He must include the value of the goods in his own State's VAT return, including their equivalent of our Box E1, and if registering for VAT here (or if already registered here), must also include the value of the goods in Box E2 of his Irish VAT 3 return. Box E1 must also include the value of any distance sales, e.g. mail order made to other Member States by an Irish trader who has registered for VAT there on exceeding the particular distance sales threshold or on election to register there. Such traders are required to make a detailed INTRASTAT Return if their dispatches exceed the 635,000 EURO threshold. Box E2 must include distance sales made here by other Member State's traders once they have registered for VAT here, e.g. on exceeding Ireland's distance sales threshold or on election. Such traders are responsible for making the detailed INTRASTAT return if their imports exceed the 191,000 EURO threshold. Any supplier who makes distance sales of excisable goods to another Member State must register in that Member State, since distance sales of excisable goods will always be subject to VAT in the Member State to which they are dispatched.: THE INTRASTAT MONTHLY RETURN 9.4 26 The more detailed INTRASTAT monthly return form (reproduced as Appendix 7)) must be completed by those traders whose total Arrivals (imports) from other Member States exceed 191,000 EURO in value annually or whose total Dispatches (exports) to other Member States exceed 635,000 EURO annually. As was mentioned above it should be noted that the VAT 3 (Boxes E1 or E2) is concerned only with Intra-EU acquisitions or supplies of goods and related services, goods for installation or assembly and distance sales made above the relevant thresholds (See Par. 9.3) while the more detailed INTRASTAT return is concerned with these and with other Intra-EU movements of goods. Examples of the latter include: returned goods and free of charge replacements, goods included in a supply of services, goods sent for repair and return and returned repaired goods. There is another point of difference as regards the treatment of contract work e.g. processing work, between VAT/VIES and INTRASTAT. The VAT/VIES treatment is reflected in paragraph 4.4 above under “Value of Supplies of Goods (Column 11)”. On the more detailed INTRASTAT return however, the value of such goods should be given inclusive of the contract charge as appropriate. The more detailed INTRASTAT return must include details of all goods on which VAT became chargeable during the relevant month. In the case of goods on which VAT was not chargeable the return should include details of these goods by reference to the date the goods arrived in the State (in the case of "Arrivals") or left the State (in the case of "Dispatches"). 9.5 The form must be completed by typewriter or by mechanographical or similar process. Of course, the return can be made in other formats (see paragraphs 8.9 to 8.11 above) and VIMA's preference would be for returns made in nonpaper formats. There are brief notes on the completion of the INTRASTAT return at the rear of the form (See Appendix 7). 27 9.6 INTRASTAT RETURN-GUIDE TO COMPLETION Boxes 1,2,3,6 and 7 are pre-printed by Revenue. Declarant's Name and Address This could be the trader or an agent nominated by the trader (see paragraph 11 below). Declarant's VAT Registration No. (Box 7) Self-explanatory Trader's Name and Address (Box 2) Self-explanatory Trader's VAT Registration No. (Box 6) Self-explanatory Period of Declaration (Box 3) This is in YYMM format, so the return form for January 1999 will read 9901. . The following boxes are to be completed by the trader or his agent. ARRIVALS or DISPATCHES indicator (Box 4) Separate return forms should be completed for goods arriving from other Member States (Arrivals) and for goods dispatched to other Member States (Dispatches). Where the return relates to ARRIVALS (Imports), an "A” should be inserted in Box 4. Where the return covers DISPATCHES (Exports), a "D" should be inserted in Box 4. NO. OF ITEMS (Box 5) The total number of "items" (i.e. separate lines of information) in the return, including items on any continuation sheets (see paragraph 9.7 below) making up the return should be inserted in this box. ITEM NO. (Column 8) 28 Each "item" (or line of information) should be numbered sequentially by the person completing the return, care being taken to ensure that no number is omitted and that no number is repeated. The purpose of this box is to facilitate the identification of data supplied by a trader in the event of it being necessary for VIMA to query the information with the trader. COMMODITY CODE (Column 9) Goods must be identified by reference to their 8-digit classification code in the EU’s Combined Nomenclature (C.N.). Detailed information on the codes is given in App. 9 and aids to classification are built into the ROS/ IDEP package (see paragraph 8.11 above) Transactions with a value not exceeding 200 EURO can be amalgamated under the global heading, CN code 99500000. When using this code complete columns 8,9,10 & 14 only. The Combined Nomenclature is available from VIMA, Administration Section, P.O. Box 43, Newry Road, Dundalk, Co. Louth. Phone No. (042) 9353300 or LoCall No. 1890 251010. [See Appendix 9] (See Appendix 17 for Application form (Optional)) COUNTRY OF DESTINATION OR CONSIGNMENT (Column 10) Where the return relates to ARRIVALS, the alpha code for the Member State from which the goods were consigned should be indicated in this box. Where the return relates to DISPATCHES, the alpha code for the Member State of destination should be indicated. (See Appendix 10 for Country Codes). At no time should the code for Republic of Ireland (IE) appear in Column 10 COUNTRY OF ORIGIN (Column 11) This box needs to be completed only where the return relates to ARRIVALS. The appropriate alpha code shown in Appendix 10 should be inserted to denote the country of origin of the goods (whether this is another member state or a third country). Country of origin is not always the same as country of consignment. PRESUMED MODE OF TRANSPORT (Column 12) Only traders with annual EU trade of:- Arrivals (Imports) over 5,000,000 EURO and/or Dispatches (Exports) over 34,000,000 EURO, are required 29 to complete this column. A single-digit code relating to the mode of transport by which the goods entered or left Ireland should be inserted in this column opposite each item. The following is the list of transport codes applicable: 1. SEA 2. RAIL 3. ROAD 4. AIR 5. POST 7. FIXED TRANSPORT INSTALLATIONS 8. INLAND WATERWAY 9. OWN PROPULSION Where a trader does not know definitely what the mode of transport was, he should insert the code for the mode of transport which he presumes was used. NATURE OF TRANSACTION (Column 13) For INTRASTAT purposes "transaction" means any operation, whether commercial or not which leads to a movement of goods between Member States. There are nine basic types of transactions and these are described in Appendix 11 together with the relevant single digit code 1 to 9. The appropriate code should be used when completing Column 13. INVOICE VALUE (Column 14) This is the invoice value of or total consideration for the goods rounded to the nearest EURO. Where no invoice is raised, the open market value of the goods should be given. DELIVERY TERMS (Column 15) Only traders with annual EU trade of:- Arrivals (Imports) over 5,000,000 EURO and/or Dispatches (Exports) over 34,000,000 EURO, are required to complete this column. 30 The appropriate three-digit alphabetical code taken from "Incoterms 1990" should be included as follows: EXW FCA FAS FOB CFR CIF CPT CIP ex-works DAF free carrier DES free alongside ship DEQ free on board DDU cost and freight DDP cost, insurance and freight XXX carriage paid to carriage paid, including insurance delivered at frontier delivered ex-ship delivered ex-quay delivered duty un-paid delivered duty paid delivery terms other than those listed above Further explanation of above abbreviations is in Appendix 15. STATISTICAL VALUE (Column 16) Only traders with annual EU trade of:- Arrivals (Imports) over 5,000,000 EURO and/or Dispatches (Exports) over 34,000,000 EURO, are required to complete this column. For traders who use a computer generated INTRASTAT return, it may prove costly to alter their programme to exclude the statistical value requirement; such traders may submit a return with the statistical value to the VIMA office where the information will be screened during processing. The VIMA office will monitor the level of trade of the traders under the above thresholds, and will inform them should they become liable to include the statistical value declaration in their return. Traders who are required to include the statistical value declaration should note the guidelines hereunder. For each line in this Column the trader shows the Statistical Value rounded to nearest EURO. This is the invoice value (or value as per Column 14) but adjusted as necessary to - a CIF basis at point of entry to the State, in the case of Arrivals, and to - a FOB basis at point of exit from the State in the case of Dispatches. The principle that applies in the case of Arrivals is that any transport /insurance etc. costs attributable to that part of the journey of the goods which takes place on the statistical territory of the State must be excluded for statistical value purposes. In the case of Dispatches it is any transport/insurance etc. costs attributable to the part of the journey of the goods, which takes place on the statistical territory of the State, which must be included for statistical value purposes. NETT MASS IN KGS. (Column 17) Enter the net mass (i.e. weight) of the goods, expressed in kilograms. The net mass is the weight of the goods exclusive of any packaging, rounded to the nearest Kilogram. The requirement to declare the net mass is optional if a trader uses certain commodity codes; contact VIMA for list. QUANTITY 2 / SUPPLEMENTARY UNITS (Column 18) 31 Not all Commodity Codes require a second quantity. Where the Supplementary unit Column of the Combined Nomenclature, or Column 3 of the Customs & Excise Tariff, indicates that a second quantity other than kilograms is required, the appropriate quantity, expressed in the units specified, should be entered in this box. See Part 1, "Preliminary Provisions" of the Combined Nomenclature or Part 3 of Customs & Excise Tariff for key to Supplementary Unit abbreviations. The second quantity should be rounded down to whole units. Signature The INTRASTAT Return, which is a legal document, must be signed by the Trader or Declarant. Regardless of whether the trader or his agent signs the return, the trader is still responsible for any information contained or not included in it (see paragraph 11 below concerning declarations by agents). In addition to the signature the name of the person who signed the return must be typed. The date of signature and the telephone and fax number should also be given. 9.7 INTRASTAT CONTINUATION SHEETS Where the preprinted monthly form is not sufficient to display the full amount of a trader's monthly business, a continuation sheet(s) should be used. A copy of the form is at Appendix 8 . This form will not be pre-printed so traders must ensure that the correct period, VAT numbers and an indication that the sheet refers to ARRIVALS (imports) or DISPATCHES (exports) are inserted on each form used. The number of additional items on the continuation sheet(s) should be reflected in the total number of items figure in box 5 of the main return form. The item numbers used on continuation sheets should follow on sequentially from the item numbers inserted on the main return form or the sheet immediately preceding the one being completed. 9.8 INTRASTAT CORRECTIONS Where a trader discovers that he has understated or overstated the value of his INTRASTAT trade by 5% or more in an individual INTRASTAT monthly return, he should notify the VIMA office by fax or letter at P.O. Box 43, Dundalk, Co. Louth. Phone (042) 9353300, LoCall No. 1890-251010 or Fax (042) 9353388. 9.9 32 TREATMENT OF RETURNED GOODS Where defective or wrong etc. goods are returned to an Irish exporter, or an Irish importer returns such goods to another Member State supplier; such movements are to be recorded as Arrivals or Dispatches on the more detailed Intrastat monthly return with the appropriate transaction code, but only where the Irish trader already has an obligation to make such a return. For example, an Irish trader who makes a detailed INTRASTAT monthly return for Arrivals but not for Dispatches, would not have to supply details of goods being returned to other Member State suppliers. 10 INTRASTAT ACTION LIST FOR TRADERS 10.1 It is important that traders are aware of all their obligations with regard to INTRASTAT. You might find the following approach useful:(i) Study this Manual carefully and contact VIMA with any questions you might have. (See also notes at back of INTRASTAT form) (ii) If you have not been specifically advised of your obligations (see par 1.3), contact VIMA, as the onus is on you to make returns. (iii) Assess the implications of INTRASTAT for your business. (iv) Decide how the relevant information is to be collected and collated. (v) Ensure that the INTRASTAT Return is submitted by the due date (see Paragraph 8.6) (vi) Decide who is to collect and collate the information. If you wish to appoint an agent or agents you must notify VIMA in advance giving all the details i.e. agents' names addresses and VAT No's, accompanied by a letter of agreement from the relevant agent/s (See Paragraph 11) (vii) In the case of the more detailed INTRASTAT monthly return, decide how the information is to be passed to VIMA i.e. electronic format (see Appendix 5), the official form or plain paper (see Appendix 6). (viii) Decide how often you wish to submit the more detailed INTRASTAT data (the standard period is once per month but traders may wish to make part-declarations) and seek agreement from VIMA in advance if you wish to submit data in non-standard periods. 10.2 If you have not been sent a Notification Sheet (reproduced in Appendix 14) or have not completed one to-date, please photocopy Appendix 14, complete it, and return it to VIMA, P.O. Box 43, Dundalk, Co. Louth. 11 AGENTS 33 11.1 A trader may appoint agents to make the VIES Statement or detailed INTRASTAT return on his behalf. The essential difference between agents for VIES and INTRASTAT is that a number of agents may be nominated for the purpose of INTRASTAT, whereas only one agent may be nominated for the VIES regime. It should also be particularly noted that the nomination of agents does not in any way diminish or alter the legal obligations of the trader concerned. Any pursuit action initiated by the VIMA office will concentrate on the trader concerned, not the agent. 11.2 A trader must notify VIMA in writing if he intends to employ an agent (including a group remitter) for VIES or INTRASTAT purposes. VIMA will then make arrangements to have the declaration forms sent directly to the agent. Traders must also advise VIMA in writing if they intend to change agents or if they cease to employ a particular agent. 11.3 Traders who appoint more than one agent to act on their behalf for INTRASTAT purposes should ensure that each agent makes an INTRASTAT return for each period, even if that return is a “nil” return 11.4 Agents (including group remitters) must also notify VIMA in writing of the traders for whom they are acting. They must also advise VIMA in writing if and when they cease to act for a trader. The general arrangements for returns made by group remitters are set out in paragraph 3.10 (in the case of VIES) and 8.8 (in the case of INTRASTAT) 11.5 Reminders in cases where the returns have not been submitted on time will be sent directly to the trader, irrespective of whether or not he employs an agent. 34 12. SANCTIONS AND CONTROL VISITS 12.1 The VIES and INTRASTAT arrangements are important measures from the European Union, the Government and trade perspectives. VIES makes a vital contribution to the security of VAT revenue and helps to protect legitimate traders from unfair competition. The continued availability of statistics of EU trade in the Internal Market is of official as well as business benefit. 12.2 Revenue’s experience is that business generally co-operates fully in complying with official requirements; however, provision has been made for penalties for non-compliance, either in the form of failure to make declarations or inaccurate or incomplete declarations 12.3 INTRASTAT PENALTIES A person who fails to comply with a provision of the EC Regulation or who is guilty of an offence under the national legislation is liable on summary conviction to a fine of 1265 EURO. In respect of a continuing offence such as non-compliance, a convicted person may incur an additional fine of 60 EURO for each day that the failure continues. There is also provision for the prosecution of the directors, managers, secretary, or similar officer of a body corporate in certain circumstances. 12.4 VIES PENALTIES Any person who fails to comply with Section 19 A of the Value Added Tax Act 1972 or who contravenes the Value Added Tax (Statement of IntraCommunity Supplies) Regulations, 1993 is liable to a penalty of 1520 EURO 12.5 As part of its general control procedures, VIMA conducts programmes of visits to traders, which include checks of records and record systems, to ensure compliance with VIES and INTRASTAT. VIES data is presently being used by Revenue for Control purposes. HELP DESK It is the policy of the Revenue Commissioners to assist Traders in complying with Revenue obligations. For this purpose we have a comprehensive and accessible information service available at our Help Desk at VIMA, Dundalk. Telephone No. (042) 9353300, LoCall No. 1890-251010, Fax No. (042) 9353388 or E-mail to [email protected]. 35 Appendix 1 Back of VAT3 Return Appendix 2 [Back of VIES Statement] Appendix 3 Appendix 4 APPENDIX 4A VAT REGISTRATION CONFIRMATION FORM (OPTIONAL) Dear Customer, VAT-TVA-IVA-MWST-BTW-MOMS-ALV To comply with EC regulations, we have to show your VAT/Sales Tax Number on our invoices To help us with this, could you please fill in the box below with your VAT/Sales Tax Number and return it to us as soon as possible. Please ensure that the country prefix is included. N.B. If you are not registered for VAT, please tick................................................ In addition, to help us update our records, please forward your: Telephone Number ............................................... Fax Number .............................................. Contact Name .............................................. Thank you for your co-operation. Yours faithfully, ............................................................ [Photocopy and use if required] APPENDIX 5 GUIDE TO THE RETURN OF VIES AND INTRASTAT INFORMATION IN ELECTRONIC FORMAT - DISKETTE / E-MAIL Introduction The text, which follows, is a composite of the text of the booklet “Guide to the Return of VIES and INTRASTAT Information in Electronic Format (copies available from VIMA, P.O. Box 43, Dundalk). VIMA will accept VIES and INTRASTAT returns in electronic format. Diskette and tape files may be used instead of Official forms for VIES and INTRASTAT Declarations. Diskettes may contain both INTRASTAT and VIES files. Electronic formats acceptable to the VIMA Office are detailed in this guide (and reproduced in this appendix). For EDIFACT format, please contact VIMA, Dundalk. An external “stick-on” label should be attached to each diskette, stating: - Company name, VAT number, period and type of return, plus a contact name and phone number. Example: Co. Name: A N Other Ltd., VAT NO.: 1234567A Period Type: 9903A (or D) Contact: T. Bloggs Phone No. (01) 1234567 IN VIEW OF THE POSSIBILITY OF DAMAGE, INCORRECT LAYOUT, OR DIFFICULTY READING A DISKETTE, YOUR SYSTEM MUST BE CAPABLE OF RE-CREATING FILES, IF REQUIRED. Diskettes and tapes should be sent to: Office of the Revenue Commissioners, VIMA Office, P.O. Box 43, Dundalk, Co. Louth. FORMAT OF DISKETTE DISKETTE FORMAT: Formatted by MS.DOS. Version 2.0 or higher RECORDING MODE: The recording mode must be ASCII FILE FORMAT: Fixed format Records or Comma Delimited File Format or EDIFACT Message Format End of record separators of CR LINEFEED (ASCII 13 10) must be used at the end of each record if Fixed format or Comma Delimited file format is used. FILE IDENTIFICATION: The file names will consist of an eight-character file name and a three-character extension. The file name will be the VAT No. of the Declarant making the return. (If the Declarant has no VAT No. the RSI No. should be quoted) The file extension will identify the return type and the return format as follows: First Character “V” Þ VIES Return “S” Þ INTRASTAT Return Second Character “F” Þ Fixed Format File “C” Þ Comma Delimited File “E” Þ EDIFACT Format Third Character “0” Þ Value Zero VIES RETURNS FILE FILE STRUCTURE The VIES file structure is designed to cater for agents, accountants etc. making returns on behalf of more than one client. A Header record, which will identify the file type and declarant, will occur once ONLY at the start of the file. The header record will be followed by trader details for one or more traders. The trader detail consists of a Trader Record and one or more VIES returns. A VIES return consists of a Period record, zero or more Detail records or correction detail records and a VIES summary record. File structure diagram VIES FILE HEADER RECORD TRADER 1 TRADER RECORD RETURN 1 PERIOD TRADER 2 DETAIL RECORDS OR CORRECTION DETAIL RECORDS TRADER n RETURN n SUMMARY VIES FILE Logical Record Format VIES Header Record No. 1 2 3 CODE 4 5 6 7 DESCRIPTION Record Type File Status File Format Return Status A3 A8 SIZE 3 3 1 1 Declarant VAT number Return Date Filler TOTAL LENGTH = 17 6 49 80 NOTES Value = “VHR” Value = “VF0” “C” → Comma Delimited “E” → EDI Format “F” → Fixed Format “N” → Normal Returns “T” → Test Returns Includes country code prefix Format DDMMYY Not Used CHARACTERS VIES Trader Record NO. 1 2 3 CODE A2 DESCRIPTION SIZE Record Type 3 Trader VAT Number 10 Filler 67 TOTAL LENGTH = 80 NOTES Value = “VTR” Includes country code prefix Not Used CHARACTERS Logical Record Format VIES Period Record NO. 1 2 CODE A4 DESCRIPTION Record Type Frequency of Return 3 A5 Return Period 4 Filler TOTAL LENGTH = 71 80 4 SIZE 3 2 NOTES Value = “VPR” “M” = Monthly “Q” = Quarterly “A1” = Annual with values “A2” = Annual without values Format YYMM Insert zeros for corrections Not Used CHARACTERS VIES Detail Record NO. 1 2 3 4 CODE 5 B4 6 B1 B2 B3 DESCRIPTION Record Type Item No. Customer VAT No. Value of Supplies of Goods SIZE 3 4 17 12 NOTES Value = “VIR” Leading Zeros for Fixed Format Includes country code prefix Value of supplies to the nearest EURO. Leading zeros are required for fixed format. Negative values should be preceded by a “-” (i.e. Minus sign) Flags 8 Set 1st. character to “T” if goods are involved in triangulation. (See Appendix 16 for details) Filler TOTAL LENGTH = 36 80 Not Used CHARACTERS Logical Record Format VIES Correction Detail Record NO. 1 2 3 4 CODE 5 B4 Flag 8 6 7 A5 Return Period Filler Total Length = 4 32 80 B1 B2 B3 DESCRIPTION Record Type Item Number Customer VAT No. Value of supplies of goods SIZE 3 4 17 12 NOTES Value = “VCR” Leading Zeros for Fixed Format Includes country code prefix Value of supplies to the nearest EURO. Leading zeros are required for fixed format. Negative values should be preceded by a “-” (i.e. Minus Sign). Set 1st. character to “T” if goods are involved in triangulation. (See Appendix 16 for details) Format YYMM Not Used Characters VIES Trailer Record NO. 1 2 3 4 CODE A7 A6 DESCRIPTION Record Type Total Items Total value of Supplies of Goods Filler Total Length = SIZE 3 4 12 61 80 NOTES Value = “VSR” Leading Zeros for Fixed Format Value of supplies to the nearest EURO. Leading zeros are required for fixed format. Negative values should be preceded by a “-” (i.e. Minus Sign). Not Used Characters INTRASTAT FILE Logical Record Format INTRASTAT Header Record File Structure The INTRASTAT file structure is designed to cater for traders making individual returns. Agents may make returns on behalf of one or more clients. The header record will be followed by a detail record(s), which will in turn be followed by a trailer record. NO. CODE 1 2 3 FIELD DESCRIPTION Record Type File Status File Format SIZE NOTES 3 3 1 4 Return Status 1 5 6 A1 A2 Period of Declaration Type of Return 4 1 7 8 9 A4 A5 Trader’s VAT No. Declarant’s VAT No. Date Diskette Created Filler Total Length = 8 8 6 Value “SHR” Value “SFO” “C” → Comma Delimited “E” → EDI Format “F” → Fixed Format “N” = Normal Return “T” = Test Return Format “YYMM” “A” = Arrival “D” = Dispatch Do not include Country Code Prefix Do not include Country Code Prefix Format “DDMMYY” 45 80 Not Used Characters 10 Logical Record Format INTRASTAT Detail Record NO. 1 2 3 4 B1 B2 B3 5 6 7 8 B4 B5 B6 B7 FIELD DESCRIPTION Record Type Item Number Commodity Code Country of Destination/ Consignment Country of Origin Mode of Transport Nature of Transaction Invoice Value 9 10 B8 B9 Delivery Terms Statistical Value 3 10 11 C1 Net Mass 10 12 C2 Supplementary Units 10 Unique Item Reference No. Filler Total Length = 12 13 14 CODE SIZE NOTES 3 3 8 3 Value “SDR” Leading Zeros For Fixed Format See Tariff or C.N. Book See Par. 9.6 # (see below) 3 2 2 10 See Par. 9.6 # (see below) See Par. 9.6 See Par 9.6 and Appendix 15 Round to the nearest EURO; no decimals (leading zeros are required for fixed format) No Negative values. (See Par. 9.6) See par.9.6 and Appendix 15 Round to the nearest EURO; no decimals (leading zeros are required for fixed format) No Negative values. (See Par. 9.6) Round to nearest whole number (leading zeros are required for fixed format) [see par. 9.6] Round to nearest whole number (leading zeros are required for fixed format) [see par. 9.6] Statistical Line no. reference. 1 Not Used 80 Characters # For fixed format, leading space followed by two digit alpha code Logical Record Format INTRASTAT Trailer Record NO. CODE 1 2 A3 3 4 5 6 7 8 FIELD DESCRIPTION Record Type Total no. of transactions Total Invoice value Total statistical value Total Net Mass Total Supplementary units Phone Number Filler Total Length = SIZE NOTES 3 3 Value “STR” Leading zeros for Fixed Format 12 12 12 12 Round to nearest EURO (no decimals) Round to nearest Whole unit 11 15 80 Not Used Characters Leading zeros are required for fixed format CHECK LIST When submitting a Diskette to VIMA please check: 1. Diskette is adequately packaged 2. Diskette is properly labelled 3. Have you retained a copy of the diskette? (It may be required if there are problems, or damage or loss in transit) There is an INTRASTAT Data Entry Package (IDEP)/ Combined Nomenclature (CN8) available from VIMA Dundalk (See Par. 8.11) Help Line:- VIMA Systems Section P.O. Box No. 43 Dundalk Co. Louth. Phone Phone No. (042) 9353300, LoCall No. 1890 251010 Fax No. (042) 9353388 APPENDIX 6 ELECTRONIC OR PLAIN PAPER VIES and INTRASTAT RETURNS 1. Traders have the option of providing hard-copy declarations on (a) (b) (c) (d) The pre-printed forms Plain paper printed to the prescribed format Electronic Format (Diskette or E Mail- see Paragraphs 3.12 & 8.9) Revenue Online Service. See 3.14 & 8.11 above. 2. Traders opting for option (b) (c) or (d) above will first have to get approval from VIMA Office, P.O. Box 43, Dundalk. To get approval the trader must submit sample document(s), which must conform to the standards set out by VIMA. Verbal approval will be given but written approval is available on request. 3. The documents may be produced using a standard typewriter or by computer using a good standard printer. Care should be taken to ensure that all the information is clearly legible, as all documents will have to be processed by VIMA for input to the VIES or INTRASTAT computer systems. Therefore, if a computer printer is used, a NLQ (Near Letter Quality) standard must be employed as a minimum. The following conventions apply: The details are to be printed on good quality white A4 or ‘music line’ paper. All details must be printed in capital letters. Leading zeros must not be included. The form must be printed at 6 lines to the inch. The typestyle must be set to pitch 10 (10 characters per inch). A blank line should be inserted after each four items. Where more than eight items appear on the INTRASTAT return, a separate page(s) must be completed for each multiple of 8 items, repeating full header information. Descriptive codes, B1 etc. should be printed within square brackets or, if this is not possible in bold letters. All items on completed return must be numbered sequentially. 4. The step from printed output to the production of an Electronic Return in electronic format is a small one. The information required is similar to that required in the paper format. The following details give a brief non-technical overview of the changes required to switch from computer produced paper output to diskette using one of the allowable formats - the FIXED LENGTH format. A full technical specification is available (see Appendix 5 above). Rather than sending the information to a printer it is sent to a disk drive. (In standard basic this requires a change from LPRINT to PRINT#filenumber) Rather than trying to position the print lines under the relevant headings and box numbers, each item of information follows immediately from the last on the same line. The end of record (Carriage return/Line return) is interchangeable between writing on paper or to a disk. When writing to a disk, the need to include the Trader and/or Agent’s name with the data on the disk is eliminated. It will however be required on a label on the disk, to enable VIMA to identify the diskette. Rather than being limited to 8 items per INTRASTAT form, and then having to produce a new form with the header information again, you may send all your returns for the month on one diskette. A return can contain a maximum of 999 items; if exceeded, a new return must be made, starting again at item 1 and this can be done on the same diskette. 5 There are advantages for you in using electronic format rather than paper:(1) (2) (3) The papers feed mechanisms are not always 100% reliable on printers. Printing on plain stationary can be problematic, especially in the case of a multiple page return when the paper jams halfway through the process This form must be printed in landscape (sideways) rather than in portrait format. It requires manual intervention to change the paper and may require special feeding hoppers, depending on your printers. In order to achieve the standard of printing required by VIMA you might have to invest in a better quality printer. Appendix 7 Back of INTRASTAT Trade Statistics Return Appendix 8 APPENDIX 9 COMMODITY CODES 1. The Irish Tariff, like the Tariffs of the other EU Member States and those of major trading nations of the world, is based on the International Harmonised Commodity Description and Coding System (known as the Harmonised System or HS for short). The HS uses a six-digit code numbering system, in conjunction with a nomenclature describing the commodities, for classifying goods for world trade purposes. The first 2 digits denote the Tariff Chapter, the first 4 denote Chapter heading and the full 6-digit HS code denotes Chapter subheading level. 2. The EU add two further digits to the HS; these seventh and eighth digits identifying further subheadings to cater for specific EU duty rating and trade statistical purposes. The resultant expanded (8-digit) nomenclature, known as the “combined nomenclature” (CN), is published annually by the EU in the Official Journal of the European Communities. 3. The published Customs and Excise Tariff of Ireland incorporates the (8-digit) CN and elaborates it for national statistical requirements. 4. The more detailed INTRASTAT monthly return identifies goods by reference to their 8-digit classification code in the CN. Traders can get the relevant CN code: - by ensuring that they have information on the current classification of their goods for Customs (import and export) purposes, but using the first 8 digits only - by consulting the combined nomenclature (CN) of the EU - by consulting the Revenue Website at www.revenue.ie (Click on Tax & Duty; click on Customs & Excise and scroll to Nomenclature) -by consulting the Customs and Excise Tariff of Ireland; (again using the first 8 digits only) -by contacting Tariff Classification Unit of the Revenue Commissioners with details of the product to be classified, at Government Buildings, St. Conlon’s Road, Nenagh, Co. Tipperary; Phone No.: (067) 33533 or (01) 6774211. Fax No. (067) 32385/6. The CN is available from VIMA, P.O. Box 43, Dundalk, Co. Louth. The Customs and Excise Tariff may be obtained from the Government Publications Sale Office, Sun Alliance House, Molesworth Street, Dublin 2. Phone No. (01) 6613111 or through any Bookseller. APPENDIX 10 LIST OF CODES AND NAMES OF COUNTRIES AND TERRITORIES FOR INTRASTAT PURPOSES The following is a list of countries most commonly encountered in trade: EU Countries AUSTRIA BELGIUM CYPRUS CZECH REPUBLIC DENMARK ESTONIA FINLAND Code AT BE CY CZ EU Countries ITALY LATVIA LITHUANIA LUXEMBOURG Code IT LV LT LU DK EE FI MT NL XI FRANCE GERMANY GREAT BRITAIN GREECE HUNGARY IRELAND FR DE GB GR HU IE MALTA NETHERLANDS NORTHERN IRELAND POLAND PORTUGAL SLOVAKIA SLOVENIA SPAIN SWEDEN PL PT SK SI ES SE Description Code Description Code Abu Dhabi Admiralty Islands Afghanistan Agalega Islands Ajman Aland Islands Albania Aldabra Islands Algeria Alofi Island Alphonse Island American Oceania American Samoa Amirantes Island Andorra Angola Anguilla Anjouan Island Antarctica Antigua and Barbuda Artic Regions N.E.S. Argentina Armenia Aruba Ascension AE PG AF MU AE FI AL SC DZ WF SC XA XA SC AD AO AI KM XR AG XR AR AM AW SH Australia Australian Oceania Austria Azerbaijan Azores Bahamas Bahrain Baker Island Balearic Islands Bangladesh Barbados Belarus Belep Belgium Belize Benin Bermuda Bhutan Bird Island Bolivia Bonaire Bosnia and Herzegovina Botswana Bougainville Bouvet Island AU XO AT AZ PT BS BH XA ES BD BB BY NC BE BZ BJ BM BT SC BO AN BA BW PG XR Description Code Description Code Brazil British Indian Ocean Territory Brunei Buka Island Bulgaria Burkina Faso ( Upper Volta) Burundi Büsingen Cabinda Cambodia (Kampuchea) Cameroon Campione d’Italia Canada Canary Islands` Cape Verde Cargados Carajos Shoals (St. Brandon Islands ) Cayman Islands Central African Republic Ceuta Chad Chafarinas Islands Chagos Archipelago Channel Islands (British) Chesterfield Islands Chile China Christmas Island Clipperton Island Cocos (Keeling) Islands Cöetivy Island Colombia Comino Comoros Congo (Republic) Congo [Dem. Rep.(form Zaire)] BR IO BN PG BG BF BI CH AO KH CM CH CA ES CV MU Djibouti Dominica Dominican Republic Dubai Ducie Island Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Falkland Islands Faeroe Islands Fiji Finland DJ DM DO AE PN EC EG SV GQ ER EE ET FK FO FJ FI KY CF XC TD XE IO GB NC CL CN XO PF XO SC CO MT KM CG CD FR SC FR PF AE WF GA EC GM PF XP DE GE GH GI MT KM YT GB Cook Islands Corn Islands Costa Rica Croatia Crozet Islands Cuba Curacao Island Cyprus Czech Republic d’Entrecasteaux Islands Denis Island Denmark XZ NI CR HR XR CU AN CY CZ PG SC DK France Frégate Island French Guiana French Polynesia Fujairah Futuna Gabon Galapagos Islands Gambia Gambier Islands Gaza Strip Germany Georgia Ghana Gibraltar Gozo Grande Comore Grande- Terre Great Britain (does not include Northern Ireland) Greece Green Islands Greenland Grenada Guadelopue Guam Guatemala Guinea Guinea-Bissau Guyana Haiti Heard Island GR PG GL GD FR XA GT GN GW GY HT XO Description Code Description Code Heligoland Henderson Island Honduras Hong Kong Howland Hungary Huon Iceland India Indonesia Iran Ireland Iraq Isle of Man Isle of Pines Israel Italy Ivory Coast Jamaica Jan Mayen Island Japan Jarvis Island Johnston Jordan Kazakhstan Kenya Kerguelen Islands Kingman Reef Kirabiti Korea, Republic of Korea, Dem. Peoples Rep. of Kosovo Kosrae Kuwait Kyrgyzstan Labuan Laos Latvia Lavongai Lebanon Lesotho Liberia Libya Liechtenstein Lithuania Livigno Louisiade Archipelago & Deps. Loyalty Luxembourg Macao Macedonia (former Yug Rep of) Madagascar Madeira Mahé Island DE PN HN HK XA HU NC IS IN ID IR IE IQ GB NC IL IT CI JM NO JP XA XA JO KZ KE XR XA KI KR KP XK FM KW KG MY LA LV PG LB LS LR LY LI LT IT PG NC LU MO MK MG PT SC Malawi Malaysia Maldives Mali Malta Mamelles Island Marquesas Islands Marshall Islands Martinique Mauritania Mauritius Mayotte Melilla McDonald Islands Mexico Micronesia (Fed. states of.) Midway Mohéli Island Moldova Monaco Mongolia Montenegro Montserrat Island Morocco Mozambique Myanmar (formerly Burma) Namibia Nauru Nepal Netherlands MW MY MV ML MT SC PF MH FR MR MU YT XL XO MX FM XA KM MD FR MN XM MS MA MZ MM NA NR NP NL Netherlands Antilles Nevis New Amsterdam New Britain New Caladonia & Deps. New Ireland New Zealand New Zealand Oceania Nicaragua Niger Nigeria Niue Island Norfolk Islands North Korea Northern Grenadines Islands Northern Mariana Islands Northern Ireland Norway Nouvelle-Amsterdam Island Oeno Islands Oman AN KN XR PG NC PG NZ XZ NI NE NG XZ XO KP VC MP XI NO XR PN OM Description Code Description Code Pakistan Palau Palmyra and Wake Islands Pamanzi Panama Panama Canal Zone Papua New Guinea Paraguay Pemba Peñón de Alhucemas Peñón de Vélez de la Gomera Peru Philippines Pitcairn Plate Island Poland Polar regions Pohnpei Portugal Praslin Island (inc.La Digue) Providence Island Puerto Rico Quatar Ras Al Khaima Récifs Island Réunion Rodrigues Island Romania Russia Rwanda Saba Sabah San Marino Sao Tomé and Príncipe Sarawak Saudi Arabia Senegal Serbia Seychelles and dependencies Sharjah Sierra Leone Sikkim Silhouette Singapore Slovakia PK PW XA YT PA PA PG PY TZ XE XE PE PH PN SC PL XR FM PT SC SC US QA AE SC FR MU RO RU RW AN MY SM ST MY SA SN XS SC AE SL IN SC SG SK XR XR GD ES LK AN SH KN LC AN XR PM VC SD SR NO HN SZ SE CH SY TW TJ TZ TZ TH TG XZ TO TT SH PG FM PF PF TN TR TM TC TV UG UA AE AE GB Slovenia Society Islands Solomon Islands Somalia South Africa South Korea SI PF SB SO ZA KR South Sandwich Islands South Georgia Southern Grenadine Islands Spain Sri Lanka St. Eustatius St. Helena & dependencies St. Kitts St. Lucia St. Martin (southern part of) St. Paul Island St. Pierre & Miquelon St. Vincent Sudan Suriname Svalbard Archipelago Swan Islands Swaziland Sweden Switzerland Syria Taiwan Tajikistan Tanganyika Tanzania Thailand Togo Tokelau and Nieu Islands Tonga Trinidad and Tobago Tristan da Cunha Island Trobriand Islands Truk Tuamotu Archipelago Tubuai Island Tunisia Turkey Turkmenistan Turks and Caicos Islands Tuvalu Uganda Ukraine Umm Al Qaiwain United Arab Emirates United Kingdom (does not include Northern Ireland) United States of America Uruguay Uzbekistan Vanuatu Vatican City State Venezuela US UY UZ VU VA VE Description Code Description Code Vietnam Virgin Islands (British) Virgin Islands ( US ) Wake Island Wallis and Futuna Isles. Walpole Island West Bank (East Jerusalem) Western Samoa VN VG VI XA WF NC XP WS Woodlark Islands Yap Yemen Zambia Zanzibar Zimbabwe PG FM YE ZM TZ ZW APPENDIX 11 TRANSACTION CODES FOR INTRASTAT CODE TYPE OF TRANSACTION 1. All transactions involving actual or intended change of ownership against financial or other compensation (a) [except those included under 2,7 or 8] 2. Returning of goods after registration of the original transaction under code 1; replacement of goods (b) 3. Transactions (non-temporary) involving change of ownership without compensation (financial or other) 4. Operations with a view to processing (c) except those included under 7. 5. Operations following processing © except those included under 7. 6. Goods for / after repair. 7. Operations under joint-defence projects or other intergovernmental production programs (e.g. Airbus) 8. Supply of building materials and equipment for works that are part of a general construction or engineering contract (g) 9. Other transactions not recorded elsewhere. Includes Operational Lease/Hire or other temporary use over 2 years. joint Notes (a) This item covers most Arrivals and Dispatches, i.e. - where ownership changes between a resident and a non-resident; - when financial or other compensation has been or will be made; Note that this includes movements between affiliates and movements into or from distribution centres even if there are no immediate payments. (b) Returning or replacement of goods originally recorded under codes 3 to 9 should be allocated to the item concerned. (c) Processing involves a transformation of the nature of the goods (d) Repair involves restoration of goods to their original function; it may include some rebuilding or enhancement (e) Operational leasing: leasing contacts other than financial leasing (see note (f)) (f) Financial leasing: the lease payments are intended to cover all or virtually all of the value of the goods. The risks and rewards of ownership are transferred to the lessee. At the end of the contract the lessee will become the owner of the goods. (g) Transaction should be recorded under code 8 only if there is no separate invoicing for the goods, but invoicing for the total value of the works. If this is not the case, transactions should be recorded under code 1. APPENDIX 12 YOUR VIES QUESTIONS ANSWERED Q.1 What is VIES? A. VIES is the VAT Information Exchange System, a system of administrative co-operation between Member States based on the computerised exchange between Member States of VAT registration data and data collected from VAT registered exporters in each of the Member States. Q.2 A. Under VIES, exactly what information is collected from exporters? See paragraph 3.2 and 3.3 above. Q.3 If goods are sent to another Member State for contract/processing work and will subsequently be returned; should this transaction be included in the VIES statement? No. Contract/processing work is treated as a supply of a service for VAT purposes. [See Par. 4.4, Value of supplies of goods (Exports) (Column 11)] A. Q.4 A. In paragraph 3.3, reference is made to transfers for business purposes. Are all such transfers included in VIES? No, the following transfers for business purposes are not deemed to be IntraCommunity supplies of goods and so should not be included in VIES statements:(i) Goods which are installed or assembled by the supplier or on his behalf in the other Member State (ii) Distance sales, including mail order. (iii) The transfer of goods to another Member State with a view to the supply, modification, repair, maintenance and hiring of certain seagoing vessels or aircraft (and their equipment) used by carriers operating chiefly on international routes. (iv) The transfer of goods for the purpose of having contract work carried out on them. (v) The transfer of goods for the purpose of having a service carried out on them. (vi) The transfer of goods to another Member State with a view to their temporary use related to the supply of a service in another Member State. (vii) The transfer of goods to another Member State with a view to their temporary use (i.e. for periods not exceeding 24 months) in another Member State, where the temporary importation into that other Member State of the same goods would be eligible for full exemption from import duties. However, a register of movements in respect of items (iv) (v) (vi) and (vii) must be kept. Q.5 A. Q.6 A. Q.7 A. Should the movement of goods to other Member States on hire be included in VIES Statements? No. The hire of goods is regarded as a supply of services rather than a supply of goods. Do goods moved temporarily to other Member States have to be included in VIES Statements? The general rule is that, unless a sale is involved, temporary movements do not constitute intra-Community supplies and should not be included in the VIES Statement. Are there any circumstances in which a VIES statement would include the value of services? By definition, services should not be included in a VIES statement. However, the value declared for goods will include related freight and insurance costs where these form part of the invoice or contract price of the goods in question. Q.8 A. How are goods sent out for repair represented in VIES? This is not regarded as a supply of goods for VAT purposes and consequently should not be included in the VIES statement. Q.9 A. Does VIES cover goods not in free circulation? No. Q.10 A. What about supplies to the Shannon Free Zone or such areas? An Irish supplier supplying goods to Shannon etc. does not include these on VIES statements. Exports to Free Zones in other Member States must be included provided these goods are in free circulation. Q.11 A. Are Excisable goods included for VIES? Yes. Q.12 A. Should goods being replaced under warranty be included for VIES? If the defective goods are being replaced without charge the goods are not covered by VIES. Q.13 What about supplies of goods between a VAT registered person in Ireland and a VAT registered person in a second Member State but where the same goods are supplied directly to a third Member State? This is triangulation and the VAT treatment of this is set out in Appendix 16. Such transactions are Intra-Community supplies of goods and are to be included by the Irish trader in his VIES Statements. A. Q.14 A. How are sale or return goods to be treated for VIES? This is regarded as intra-community transfer and as such should be included in the VIES statement. Q.15 A. Q.16 A. How is a consignment, which has been returned in whole or in part, to be treated for VIES purposes? Leaving aside the “sale or return” situations, where the goods are returned to this country and a credit note issues, the goods can be accounted for as a minus value in the appropriate VIES statement, i.e. the statement for the period within which the goods are returned. (See Par. 4.7) If a supplier adjusts invoice prices up or down e.g. at the end of a season, how is this to be treated for VIES purposes? Downwards adjustments can be accounted for as minus values in the VIES statement in the same way that credit notes are (see par. 4.7 of this manual). Upwards adjustments can be accounted for as an additional supply. Q.17 A. How are discounts for early payment to be accounted for in VIES? If the original invoice is replaced, a correction must be made to the relevant statement; otherwise no change to the VIES Statement is needed. Q.18 A. How are pallets being returned for credit to be treated in VIES? The credit can be accounted for as a minus value in the appropriate VIES statement i.e. the one for the period within which the credit is given. Q.19 If goods are not paid for until some months after export, how are they treated for VIES purposes? The date of payment is irrelevant; the key date is the date on which VAT becomes chargeable. (See Question 23) A. Q.20 A. Can VIES statements be made on an annual basis and if so, how? Some smaller traders may qualify to make annual statements. (See Par. 3.5 for details). Q.21 A. What is the general rule on value? The general rule is the same as for internal supplies. The value for VAT i.e. the amount on which tax is chargeable, is the total consideration (e.g. the invoice or contract price) the supplier is entitled to receive in respect of the goods including all taxes, commissions costs and charges whatsoever, but not including VAT, chargeable in respect of the goods. Q.22 A. Why is the Declarant’s VAT Number required? For VIES systems and VAT control purposes. Q.23 What determines in which periodic statement any particular supply is included? The date that VAT becomes chargeable is the date which determines in which periodic VIES statement any particular supply is included. VAT becomes chargeable on the date of invoice or the 15th day of the month following the supply is the sooner. A. Q.24 A. Is the VIES form sent out to traders for completion? Yes. However, even where the form is not sent out the onus is on traders to secure a copy and make the necessary statement. Q.25 A. Can I complete the VIES statement by hand? No. The statement must be completed by typewriter or by a mechanographical or similar process. Q.26 A. Must I use the official return form? Can I use other formats? Instead of using the official form, returns may also be made in electronic format. The Revenue publication “Guide to the Return of VIES and INTRASTAT Information in Electronic Format” has all the details. The fully amended text is reproduced in Appendix 5. Returns may also be made on plain paper (see Appendix 6) Q.27 How does a trader who holds an I.P Single Authorisation and who moves I.P. goods to a named operator in another E.U. Member State report this movement? Such traders should contact VIMA Dundalk regarding their VIES obligations. Phone No. (042) 9353300 or LoCall No. 1890251010. A. APPENDIX 13 YOUR INTRASTAT QUESTIONS ANSWERED Q.1 A. What is INTRASTAT? INTRASTAT is a EU-wide system for the collection of statistics of IntraCommunity trade effective from 1st. January 1993. Q.2 A. Exactly what kind of information is required? Details are required of almost all transactions (see par. 8.1 and 8.2 above), whether commercial or not, which lead to a movement of Community goods (including excisable goods) from a VAT registered trader in one Member State to any person or trader in another Member State. Community goods are: (i) goods entirely obtained in the customs territory of the Community, (ii) goods from countries outside the customs territory of the Community which have been put into free circulation, (iii) goods which have been obtained from (ii) above or from a combination of (i) and (ii). Q.3 A. What are the exceptions? The main exceptions are community goods in direct or interrupted transit (by reason of transport). Goods moving into or out of Free Zones, (e.g. Shannon Free Zone) or between Free Zones and the temporary movement of goods are also excluded. (See Par. 8.2 for full list of exclusions). Q.4 In the answer to Question 3, what is meant by “goods in direct or interrupted transit”? Where goods are transiting Ireland e.g. from Northern Ireland via Ireland to France, such goods are not the subject of an Arrival or Dispatch in Ireland and so are outside the INTRASTAT regime; similarly with goods coming from France via Ireland to Northern Ireland. However, Community goods which go from Ireland to Italy via another Member state (or via a non-EU country) are a Dispatch from Ireland and an Arrival in Italy and vice versa where the flow is reversed and must be reported as such in INTRASTAT returns. A. Q.5 A. Q.6 A. What about Community goods leaving Ireland for a Free Zone in another Member State or coming from another Member State Free Zone into Ireland? Such goods are a Dispatch leaving Ireland or in the alternative, an Arrival into Ireland. What is the position with traders operating in the Shannon Free Zone? The Imports and Exports of such traders are not subject to the SAD or INTRASTAT regime and trade statistics are collected from them by direct statistical enquiry, conducted by the Central Statistics Office. Q.7 A. Are services included in INTRASTAT? No, except where the invoice or contract price of goods includes an amount for related freight and insurance costs. Q.8 Should goods moving to or from a Customs or Excise warehouse in Ireland from or to a Customs or Excise warehouse in the UK be included in INTRASTAT returns? The reason why the goods have been warehoused is the deciding factor in such cases. If the goods are in a warehouse for customs purposes i.e. the goods have not been entered for free circulation, then the goods are not Community goods and should not be included on INTRASTAT returns. If the goods have been put into the warehouse for excise purposes (e.g. Irish whiskey on which the excise has not been paid) and if such goods move from a bonded warehouse in Ireland to a bonded excise warehouse in the UK, then they should be included in the Irish and UK INTRASTAT returns. A. Q.9 A. What details are required on INTRASTAT returns? Statistical data is required on the VAT3 return (Boxes E1 & E2) and the more detailed INTRASTAT monthly return. See Par. 9.1 to 9.6. Q.10 What determines the reference period for including a particular transaction in an INTRASTAT return? For the VAT3 it is the date that VAT becomes chargeable, which determines in which return a transaction is included. Similarly, with the more detailed INTRASTAT monthly return except for those cases where VAT is not chargeable. In such cases the date the goods were despatched from, or arrived in Ireland is the reference date. To illustrate take the following two examples. (i) Where two Intra-Community supplies are made on 28th February but an invoice issues in respect of only one of these. VAT is chargeable immediately on the invoiced transaction and this is included in the VAT3 return for January/February and the INTRASTAT return for February. VAT becomes chargeable on the uninvoiced transaction on 15th. March and this is included in the VAT3 for March/April and in the INTRASTAT return for March. A. (ii) Where defective goods are returned to the supplier on 28th February (leaving the State on that date). No VAT is due on this transaction, so no entry is made in the VAT3; However, the goods are included in the INTRASTAT monthly return for February. Q.11 A. How is INTRASTAT data collected? All traders are required to complete the INTRASTAT boxes E1 and E2 of the VAT3. In addition to this, traders with imports from other Member States in excess of 190,500 EURO annually or exports to other Member States in excess of 635,000 EURO annually must complete a separate more detailed INTRASTAT monthly return. See Question and Answer 9 above. Q.12 A. Who exactly is responsible for providing the statistical information? In general the person liable to account for VAT in respect of the goods being moved is responsible for providing the information i.e. usually the consignor or the consignee. The person liable to account for VAT may, subject to certain notification procedures, transfer the task of providing the information to a third party (See Par.11). However, such a transfer does not in any way reduce the legal responsibility of the first party to ensure that the information is forwarded accurately and on time. Q.13 Are individual importers and exporters advised by VIMA of the specific obligations the individual might have under the INTRASTAT system? It is the aim of VIMA to advise traders involved in Intra-EU trade of their obligations under the INTRASTAT system. However, where a trader is not advised, the onus is on him/her to make the returns. A. Q.14 A. How often is statistical information required? The more detailed INTRASTAT return mentioned above (i.e. the return completed by the larger importers and exporters) is required on a monthly basis. This return must be made by the tenth working day following the end of the month to which the return relates. The statistical information is to be provided on the VAT3 as and when the VAT3 return is due. Q.15 Can the more detailed INTRASTAT return be made more frequently than once per month? Yes. Part-declarations may be made but the frequency and timing of these must be agreed with VIMA. Where part-declarations are being made, the last part-declaration must be made by the tenth working day mentioned above. A. Q.16 A. Is the more detailed INTRASTAT monthly return sent to traders for completion? Yes, or to an agent(s) where the trader has nominated such. Q.17 A. Can I complete the more detailed INTRASTAT return by hand? No. The return must be completed by typewriter or by a mechanographical or similar process. Q.18 A. Must I use the official INTRASTAT form? Can I use other formats? Instead of using the official return form, returns may also be made in electronic format. The VIMA publication “Guide to the Return of VIES and INTRASTAT Information in electronic format (See Appendix 5) has all the details. Returns may also be made on plain paper or electronically subject to VIMA’s approval (see Appendix 6) Q.19 A. Q.20 A. Q.21 A. Q.22 A. Q.23 A. In the case of Community goods, which move from Ireland to other Member States for processing, what value should be shown on INTRASTAT Returns? (i) on their movement to other Member States for processing and (ii) on their return after processing In marked contrast to VIES (see Par. 4.4 of this Manual) the full value is given in each case as (i) Where Community goods are dispatched to another Member State for processing, the value to be inserted is the value of the goods at the time of dispatch, (ii) Where Community goods are being returned to Ireland after processing, the value of the goods after processing should be shown i.e. the original value plus the processing charge. Where goods are moved to other Member States for repair and return, what value should be given for INTRASTAT purposes? Where goods are moved to another MS for repair, the value of the goods prior to repair should be shown, i.e. the open-market value. On return after repair, the value of the goods after repair should be shown. Such movements are included under Nature of Transaction 6 on INTRASTAT return. How are goods dealt with, which are returned because they are defective or are not in accordance with the contract? These goods are not covered by the VAT3 but are covered by the more detailed INTRASTAT monthly return; when such goods leave the country they should be included as a dispatch on the more detailed return. When such goods return to Ireland they should be included as an Arrival. The value and weight of the returned goods should be the same as for the original transaction (see Par. 9.9 above). Would the fact that the goods returned at Q.21 above were replaced under warranty, make any difference? No. Where the value/weight of the goods moving from one Member State to another is greater or less than the value/weight invoiced, what value/weight should be shown on the INTRASTAT return? The value and weight of the goods, which actually moved, should be shown on the more detailed INTRASTAT monthly return. In the case of the VAT3, the original invoice value should be given unless the invoice was replaced in the same reporting period. In the case of weight, the documented weight should be given, even in the case of goods whose weight may naturally change during the movement, e.g. by drying out. Q.24 A. What value should be shown where there is a reduction in price because of bulk buying, cash payment or quick payment? Identifiable cash discounts or trade discounts should be deducted from the value. Subsequent financial transactions like a discount for settling an invoice early would not affect the value given for INTRASTAT purposes. However, where the vendor company and the purchasing company are two units of the same organisation, the value to be shown on the return is the value of the goods on the open market. Q.25 A. How is value defined? For INTRASTAT monthly report purposes there are two basic definitions: INVOICE VALUE and STATISTICAL VALUE. In relation to the VAT3 it is the value for VAT that is required; this is defined in Par. 9.2 above. INVOICE VALUE and STATISTICAL VALUE are explained in Par. 9.6 above. Q.26 How does a trader classify goods in accordance with the eight-digit commodity code? In the case of the more detailed INTRASTAT return, traders are required to classify goods to the eight-digit level. As a result the classification throughout all EU countries is the same at the eight-digit level for each product. It is suggested that purchasers should request suppliers to provide the correct classification on all invoices, as suppliers will usually be required to provide this information on the more detailed INTRASTAT return they will be making to their own administration. As a convenience to their customers, Irish traders may wish to indicate classification codes on the sales invoice for any goods they dispatch to other Member States. The Combined Nomenclature is available from VIMA and as part of then ROS/IDEP package to assist traders in classifying their goods (See Par. 8.11) A. Q.27 A. Q.28 A. If only a total weight is given on an invoice for the whole consignment, how is the weight to be allocated to each individual commodity on the more detailed monthly INTRASTAT return? The individual weight of each commodity should be estimated as accurately as possible. How is “Country of Origin” defined for INTRASTAT purposes? Country of Origin means the country where the goods originate within the meaning of EC Council Regulation No. 802/68 as last amended by EC Regulation No. 456/91. In general terms, Country of Origin means the country where the goods were wholly obtained or produced. Where two or more countries are involved in the manufacture of a product, the country of origin is the country in which the last substantial process takes place. Country of Origin can be an EU Member State or a 3rd Country. Q.29 A. How does a trader know the country of origin of the goods? The onus is on the trader to supply this data and it is suggested that traders should request their suppliers to include it on all invoices. However it should be noted that the Country of Origin column is not to be completed on a DISPATCHES (exports) return. Q.30 When do I complete Box C2 column 18 (Quantity 2 Supplementary Unit) on INTRASTAT form? When consulting Schedule of Codes in CN book, there are three columns in each page. That third column represents Supplementary Unit. If this is blank directly opposite CN Number, box C2, Column 18 is left blank. In all other cases box C2 is to be filled in, in units specified. See Part 1 “Preliminary Provisions” of Combined Nomenclature or Part 3 of C&E Tariff for key to Supplementary Unit Abbreviations. A. Q.31 A. Q.32 A. How does a trader who holds an I.P. Single Authorisation and who moves I.P. goods to a named operator in another EU Member State, report this movement? Such traders should contact VIMA Dundalk regarding their INTRASTAT Obligations. HELPLINE PHONE- LoCall No. 1890 251010. How do Traders who provides ships and Aircraft Stores & Supplies report such transactions? Such traders should contact VIMA for guidance; LoCall No. 1890251010 Appendix 14 Page 2 Notification Sheet Page 3 of Notification Sheet Page 4 of Notification Sheet 1. Any VAT Registered Trader who exports goods to a VAT Registered person or Trader in another Member State must complete a V.I.E.S. statement regardless of value. 2. Traders with limited Export trade who wish to submit an Annual V.I.E.S. statement should contact V.I.M.A. Dundalk rethresholds. 3. Any trader who would prefer to submit INTRASTAT returns more frequently than one per month should seek prior agreement from V.I.M.A. Office, Dundalk. 4. The IE prefix on Trader's/Declarant's VAT No. should not be inserted on INTRASTAT returns. It is included on V.I.E.S. statements only. 5. The threshold for Intrastat arrival returns is 191,000 Euro per annum and the threshold for Intrastat dispatch returns is 635,000 Euro per annum. Further information available from: V.I.M.A., Office of the Revenue Commissioners P.O.Box 43, Dundalk, Co. Louth. Phone: (042) 9353300 Fax: (042) 9353388 LoCall- 1890251010 APPENDIX 15 DELIVERY TERMS INCOTERMS (International rules for the interpretation of trade terms) The purpose of “Incoterms” is to provide a set of international rules for the interpretation of the chief terms used in foreign trade contracts as defined and published by the International Chamber of Commerce. The rules in the Incoterms aim at defining the liability of parties as clearly and precisely as possible. DELIVERY TERMS The following terms are taken from “ Incoterms 1990”: CFR (Cost and freight) The seller must pay the costs and freight necessary to bring the goods to the named port of destination, but the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time the goods have been delivered on board the vessel, is transferred from the seller to the buyer when the goods pass the ship’s rail in the port of shipment. CIF (Cost, insurance and freight) The seller has the same obligations as under CFR but with the addition that he has to procure marine insurance against the buyer’s risk of loss of or damage to the goods during the carriage. The seller contracts for insurance and pays the insurance premium. CIP (Carriage and insurance paid to) This term is the same as “Carriage paid to” (CPT) but with the addition that the seller has to procure cargo insurance against the buyer’s risk of loss of or damage to the goods during the carriage. The seller contracts for insurance and pays the insurance premium. CPT (Carriage paid to) The seller pays the freight for the carriage of the goods to the named destination. The risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time the goods have been delivered to the carrier, is transferred from the seller to the buyer when the goods have been delivered into the custody of the carrier. DDP (Delivered duty paid) The seller fulfils his obligation to deliver when the goods have been made available at the named place in the country of importation. The seller has to bear the risks and costs, including duties, taxes and other charges of delivering the goods thereto, cleared for importation. DAF (Delivered at frontier) The seller fulfils his obligation to deliver when the goods have been made available, cleared for export, at the named point and place at the frontier but before the Customs border of the adjoining country. The term is primarily intended to be used when goods are to be carried by rail or road but it may be used irrespective of the mode of transport. DDU (Delivered duty unpaid) The seller fulfils his obligation to deliver when the goods have been made available at the named place in the country of importation. The seller has to bear the costs and risks involved in bringing the goods thereto (excluding duties, taxes and other official charges payable upon importation) as well as the costs and risks of carrying out Customs formalities. The buyer has to pay any additional costs and bear any risks caused by his failure to clear the goods for import in time. DEQ (Delivered ex-quay [duty paid]) The seller fulfils his obligation to deliver when he has made the goods available to the buyer on the quay (wharf) at the named port of destination, cleared for importation. The seller has to bear all risks and costs including duties, taxes and other charges of delivering the goods thereto. DES (Delivered ex-ship) The seller fulfils his obligation to deliver when the goods have been made available to the buyer on board the ship un-cleared for import at the named port of destination. The seller has to bear all the costs and risks involved in bringing the goods to the named port of destination. EXW (Ex-works) The seller fulfils his obligation to deliver when he has made the goods available at his premises (i.e. works, factory, warehouse, etc.). In particular he is not responsible for loading the goods in the vehicle provided by the buyer or for clearing the goods for export, unless otherwise agreed. The buyer bears all costs and risks involved in taking the goods from the seller’s premises to the desired destination. The term thus represents the minimum obligation for the seller. FOB (Free on board) The seller fulfils his obligation to deliver when the goods have passed over the ship’s rail at the named port of shipment. The buyer has to bear all costs and risks of loss of or damage to the goods from that point. FAS (Free alongside ship) The seller’s obligations are fulfilled when the goods have been placed alongside the vessel on the quay or in lighters at the named port of shipment. The buyer has to bear all costs and risks of loss of or damage to the goods at that moment. Unlike F.O.B., the term requires the buyer to clear the goods for export. FCA (Free carrier [named place]) The seller fulfils his obligation to deliver when he has handed over the goods, cleared for export, into the charge of the carrier named by the buyer at the named place or point. The primary responsibility of the seller is to deliver the goods to the carrier named by the buyer. This delivery term can be used for any mode of transport XXX (Other terms not listed above) INTRASTAT returns - Statistical value. The principle that applies in the case of Arrivals, is that any transport / insurance costs etc., attributable to that part of the journey of the goods, which takes place on the statistical territory of the State, must be excluded for statistical value purposes. In the case of Dispatches, it is any transport/ insurance costs etc., attributable to that part of the journey of the goods which takes place on the statistical territory of the State, which must be included for statistical value purposes. APPENDIX 16 TRIANGULATION: IMPLICATIONS THE VIES AND INTRASTAT Introduction 1. Council Directive 92/111/EEC of 14 December 1992 introduced simplification measures with regard to VAT and triangulation cases. This Directive was given effect to in Irish law by the European Communities (Value-Added Tax) Regulations 1992 (S.I. No. 413 of 1992), which were made on 22 December 1992. 2. For Statement of Practice - SP - VAT/8/84 - Triangulation, contact your local VAT Office. 3. This note addresses the VIES and INTRASTAT implications of the simplified triangulation arrangements. Triangulation and VIES 4. An example of triangulation would be where a trader established in Member State A sells goods to a trader established in Member State B who in turn sells the goods to a trader established in Member State C; the goods are, however, sent direct from member State A to Member State C. MEMBER STATE 1 Company A Invoice Goods delivered MEMBER STATE 2 MEMBER STATE 3 Invoice Company B 5. Company C In the situation where the Irish Trader is in Member State A, e.g. where a company in Ireland sells goods to a trader in Member State B but sends them directly to member State C at B’s request, there is no complication. The Irish company invoices the company in B in the normal way quoting its own and B’s VAT numbers and the transaction is included in the Irish company’s VIES statement in the usual way i.e. no “T” flag is used. 6. In the context where the Irish Trader is in Member State B e.g. where an Irish company buys goods in member State A and in turn sells them to Member State C (with the goods being sent direct from A to C at the Irish company’s request) the simplification arrangements are also covered in the Irish legislation. For the simplification to apply, the Irish company must make a subsequent supply of the goods to a person registered for VAT in the Member State where the goods actually arrive and issue an invoice for that supply showing, apart from the usual details (description of goods etc.), the following: - His own VAT number and the VAT number of the person in receipt of the goods, - An explicit reference to EU triangulation simplification, and - An indication that the person in receipt of the goods is liable to account for the VAT due on the supply; The Irish company must then include the supply on its VIES Statement giving the VAT No. of the customer and the value of the supply as if it were an intraCommunity supply and indicate, by an appropriate flag (“T”) on the VIES return, that this is a triangulation case. For the practical application of this, see paragraph 10 below. 7. Where the Irish trader is in Member State C in the above triangulation example, the VAT registered customer in Ireland (in receipt of the supply from Member State B) will be regarded as having made the supply to himself: subject to normal deductibility rules, he will be able to take a simultaneous VAT deduction. Traders will be able to recognise these transactions because, under the agreed simplification arrangements, the invoice issued by the foreign based trader must show his own and his customer’s VAT number and must contain a specific reference to “triangulation simplification”. The Irish trader has no VIES obligation in this instance. 8. The simplification arrangements described above only apply to triangulation situations where the three parties involved are all registered for VAT in the EU. It does not apply, for example, where an Irish company is shipping goods to another Member State at the request of a customer established outside the EU (and not registered for VAT anywhere in the EU) who is selling on the goods to the person to whom the Irish company is shipping the goods. In the absence of an EU VAT registration number, Irish VAT has to be charged, since the goods are not being exported from the Community. In these cases the VIES angle would be straightforward: if Irish VAT is charged, the transaction does not appear on the VIES Statement. If the customer established outside the EU is registered for VAT in the EU, the supply is zero-rated and the Irish traders VIES Statement must include that supply against the non-EU company’s EU VAT No. 9. In cases where e.g. non-EU companies invoice Irish companies for goods but the goods are delivered to the Irish company by the non-EU company’s Irish subsidiary, branch etc. such transactions are internal supplies. Irish VAT must be charged on these transactions. There is no VIES or INTRASTAT obligations in respect of such internal supplies. 10. Completing the VIES Statement in respect of triangulation trade. In the context of the scenario set out in paragraph 6, an Irish trader will have to aggregate the total value of his triangulation trade per customer VAT No. and list this in the VIES Statement, inserting the “T” flag in column 12 of the VIES Statement form. If the Irish trader has other non-triangulation trade i.e. Intra-Community supplies with any of these customers in the same period he will have to complete a second line in respect of that customer in the normal way i.e. giving the aggregate value of that trade. 11. The simplification arrangements mean that there can now be two lines of information for any single customer VAT No. listed on a VIES Statement. Before simplification there could only be one line per VAT Number. If a trader wishes to make a Correction Statement Involving Triangulation, he should contact VIMA Help-line, Phone No. (042) 9353300 or LoCall No. 1890251010 for details. Triangulation and INTRASTAT 12. The position here is quite simple. INTRASTAT will follow the movement of the goods, so, whether the movement is a straightforward supply or a triangulation case, a VAT registered person dispatching such goods from Ireland will; include this in his INTRASTAT returns i.e. in the Intra-EU Trade (INTRASTAT) section of the VAT 3 return, and the INTRASTAT monthly return. As regards the latter he will indicate as the Country of Destination the country to which he has physically sent the goods. Similarly a VAT registered person in Ireland receiving such goods should record the arrival of the goods in box 10 of the INTRASTAT return as from the country of consignment i.e. the country from which the goods were physically sent. APPENDIX 17 Application form for supplies from VIMA Office, Dundalk. Please supply the following: Description of Item Required Please Tick Quantity 1. INTRASTAT Return Form ................... 2. INTRASTAT Continuation Sheet ................... 3. VIES Statement ................... 4. VIES Statement Continuation. ................... 5. VIES Statement Correction ................... 6. VIES & INTRASTAT Traders Manual ................... 7. Notification Sheet for VIES & INTRASTAT ................... 8. Combined Nomenclature (Commodity Codes) ................... 9. Other, Please specify ................................... ................... ..................................................................... PLEASE SEND TO: Trader’s Name.................................... Address............................................... ............................................................. ............................................................. [Photocopy for use if required] Appendix 18 USEFUL ADDRESSES, TELEPHONE AND FAX NUMBERS TELEPHONE NO. FAX NO. VIMA OFFICE 9353388 P.O. BOX 43, DUNDALK CO LOUTH (042) 9353300 (042) LoCall 1890 251010 RE: TARIFF CLASSIFICATION OFFICE OF THE REVENUE COMMISSIONERS (067) 33533 TARIFF CLASSIFICATION SECTION OR GOVERNMENT BUILDINGS (01) 6774211 ST. CONLAN’S ROAD NENAGH CO TIPPERARY OFFICE OF THE REVENUE COMMISSIONERS (01) 6792777 DUBLIN CASTLE DUBLIN 2 (067) 32385/6 INDEX Diskette declarations, App.5 Distance Sales, 9.3, 9.4 A E Addresses, Fax & Phone NumbersApp.18 Agents-VIES 3.10, 11 -INTRASTAT 11 Annual Statement, VIES, 3.5 Exceptions to INTRASTAT, 8.2 Exchange Rate, 4.4 (column 11) Exporter, VAT regd., Requirements, 3.2 E.D.I., 8.9 F C Classification of goods, 9.6, App.13 Q26. Codes-Commodity Codes, 9.6, App.9 -Country (EU) Alpha, 2.5 -Country Alpha, App.10 -Transaction, INTRASTAT, App.11 Combined Nomenclature (CN8) Package, 8.11 Community Goods, definition, 8.1 Computer & Plain Paper declarations App.6 Computer Diskette & Tape Declarations , App.5 Consignment, Country of 9.6 Continuation Sheets-VIES 4.5, App.3 -INTRASTAT, 9.7, App.8 Contract Work-VIES, 3.3, 4.4, App.12 Q3, -INTRASTAT, value, 9.4, App.13 Q19. Control Visits, 12.5 Corrections-VIES , 4.9-4.12, App.4, App.12 Q17. -INTRASTAT, 9.8 Credit Notes, VIES, 4.7, App.12 Q15. Country of Consignment, Destination and Origin 9.6 D Delivery Terms, 9.6, App.15 Destination, Country of, 9.6 Discounts, VIES, App.12 Q17. Fax, Phone Numbers & Addresses, App.18 Flag, VIES, 4.4 (column 12) Formats-VIES, 3.12, 3.13, App. 5 & 6 -INTRASTAT, .9, 8.10, App.5 & 6 -EU VAT number, 5.8 Free Zone, 8.2(d), App.13 Q5&6, App.12, Q10. G Goods-Branch to Branch transfer 3.3, App.12 Q4. -Classification App.13 Q26, App.9 -Community Goods 8.1 -Non-community Goods- INTRASTAT, 7.3, 8.3 -VIES, APP.12 Q9. -Direct Transit, 8.2(c), App.13 Q4. -Excisable, VIES, App12 Q11. -for repair, VIES, App12 Q8 -for repair and return, INTRASTAT, App.13 Q20. -Intra-Community supply of, 3.3 -I.P. Goods, 8.2(a), -On Hire, App.12 Q5 - Leasing App. 11, notes e & f -Replaced, under warranty-VIES, App.12 Q12, -INTRASTAT, App.13 Q22. -Returned-VIES, 3.3, App.12 Q15. -INTRASTAT, 9.9, App.13 Q21. Goods (contd.)- -Sale or return, VIES, App. 12 Q14. -Temporary movement-VIES, App.12 Q6, -INTRASTAT, 8.2(h) -Warehouse to warehouse, App.13 Q8. Group Registered Traders (Remitters)-VIES, 3.10 -INTRASTAT, 8.8 -conditions, 3.10 -VIMA notification 11.4 Guide to Return of VIES and INTRASTAT on computer diskette & computer tapeApp.5 H Hire, goods on, -VIES, App.12 Q5 -INTRASTAT, 8.2(h) I INTRASTAT-General, CHS.1,7,8, 9, 10, 11 & App 13 Q1 -Action list for Traders, Ch.10 -Agents for, 8.8, 11 -Continuation sheet, 9.7, App.8 -Commodity code, 9.6, App.9 -Completion of returns, Ch.9 -Corrections, 9.8 -Contract work, 9.4, App.13 Q19 -Corrections, 9.8 -Country of destination, 9.6 -Country of consignment, 9.6 -Country of origin, 9.6 -Data Entry Package, 8.11 -Data on VAT 3, Ch 9 -Delivery terms, 9.6, App15 -Distance Sales, 9.3,9.4 -Exceptions, 8.2 -Form, App.7 -Formats, 8.9, 8.10, App.5 & 6 -Forms, issued to, 8.5 -Frequency of submission, 8.7, App.13, Q14 & 15 -Goods for repair & return, App.13 Q20 -Goods covered, Ch.8 -Invoice value, 9.6 -INTRASTAT returns, Ch.8, 9.4 -INTRASTAT return types, 8.1 -Item number, 9.6 -LAW, 7.4 -Mode of transport, 9.6 -Nature of transaction, 9.6 -Net mass, 9.6 -Notes on completion, App.7 -Origin of INTRASTAT, 7.3 -Penalties, 12.3 -Processing/ Contract work, 9.4, App.13, Q19. -Price reduction, App.13 Q24. -Responsibility for return, 11.1, App.13, Q12. & 13. -Reference Period, App. 13 Q10. -Replacement Goods, App.13 Q22. -Return Forms, App.7 & 8 -Returned goods, 9.9, App.13 Q21, -Scope, 9.4, App.13 Q2 & 9. -Statistical value, 9.6 -Supplementary units, 9.6, App.13 Q30. -Threshold, 8.3, 9.4 -Time limit, 8.6 -Trader’s obligation & reference dates ,1.6, 8.3. -Triangulation, App. 16 Intra-community trade-supplies include, 3.3 Inward Processing (I.P.), 8.2(a) Item number-VIES, 4.4 -INTRASTAT, 9.6 L LAW-VIES, 3.1 -INTRASTAT, 7.3 Leasing-Operational, App. 11 Note(e) -Financial, App 11 Note (f) M Member States, list of, 2.5 Mode of transport, 9.6 N Nature of transaction, 9.6 , App.11 Net mass, 9.6, App.13 Q27. N (contd.) Notes on completion- -VIES Stat., Ch. 4, App.2 -INTRASTAT return, Ch. 9.6, App.7 Notification Sheet, 10.2, App.14 O Origin, Country of, 9.6, App.13 Q28. Offices, list of VAT, VIMA etc., App. 18 P Pallets, returned, - VIES, App.12 Q18 Penalties-VIES, 12.4 -INTRASTAT, 12.3 Plain paper & computer paper VIES & INTRASTAT declaration, App.6 Phone & Fax nos. and addresses, App.18 Prefixes to EU VAT numbers, 2.5 Price adjustments, -VIES, APP.12 Q16. Price Discounts, - VIES, App.12 Q17. Processing work - App. 11 Note (c), -VIES, 4.4, App.12 Q3 -INTRASTAT, 9.4, App.13 Q19. R Repair, goods for- App. 11 Note (d), - INTRASTAT, App.13 Q 20 - VIES, App.12 Q8. Returned goods-VIES, 3.3 -INTRASTAT, 9.9, App.13 Q21. Replacement goods-VIES, App.12 Q12. Returned pallets- VIES, App.12 Q18. S Sales, Distance, 9.3, 9.4 Sanctions, 12.3, 12.4 Services-VIES, App.12 Q7. -INTRASTAT, 8.3, App.13 Q7 Statistical value, 9.6 Supplementary units, 9.6, App.13, Q30. Supply of forms etc. App.17 -covered by INTRASTAT, 8.3, 9.4 -Temporary 8.2(h) -Third Country(Non- EU) 7.3 Trader-responsibility for Declaration-VIES, 11.1 -INTRASTAT, 8.5, 11.1 -safeguard for supplier, 5.2-5.5. -Action List-VIES, CH.6 -INTRASTAT, CH.10 Transaction, nature of 9.6 Transport, Mode of, 9.6 Triangulation, App.16, App.12 Q13 V Validity of VAT numbers, 2.4, 5.4 5.8 Value-for processing-VIES, 3.3, 4.4 -INTRASTAT, App.13 Q19 -for repair & return goods-INTRASTAT, App.13 Q20. -General rule of,(VIES), APP.12 Q21 -Invoice & Statistical, 9.6 -INTRASTAT, 9.6 -of services, (VIES), App.12 Q7 -of supplies of goods, 4.4(col. 11) -Price reduction, INTRASTAT, App.13, Q24. -VIES, 3.3, 3.6, 4.4 VAT-Group registration, 3.10 8.8 -when chargeable, 3.4, 8.3, App.12 Q23. VAT numbers-Confirmation form, App 4A -EU “VAT” translation, 5.4 -EU formats, 5.8 -Prefixes, 2.5 -validity check, 2.4, 5.4-5.8, V (contd.)T Trade-covered by VIES, 2.7 VAT 3 -INTRASTAT requirments, 1.6, 8.1 -Copy of, App. 1 -INTRASTAT data on, Ch. 9 VIES-General, Chs.2-4 -Introduction, Ch.1, App.12 Q1. -Action list for traders, Ch.6 -Agents for, 3.10, 11 -Annual, conditions, 3.5, App.12 Q20 -Branch to branch transfers, 3.3, App.12, Q4. -Conditions of Zero-rating, 5.1 -Contract work, 3.3, 4.4, App.12 Q3. -Corrections, 4. 9- 4.12, App .4, App.12, Q 17. -Date supply to be included, 3.4 -Declarant’s VAT number, 4.3, App.12, Q22. -Excisable goods, App.12 Q11 -FLAG (Column 12), 4.4 -Forms issued to, 3.8 -Frequency of submission, 3.5 -General rule on value, App.12 Q21 -Goods not in free circulation, App.12 Q9 -Goods on Hire, App.12 Q5, -Item number 4.4 -LAW 3.1 -Notes on completion App.2 -Official form, App.2 -Penalties, 12.4 -Person responsible for Statement, Par.11.1 -Price adjustment, App.12 Q16. -Reference period, App.12 Q23. -Returned goods, 3.3 -Repair, goods for, App.12 Q8. - Requirements, 1.6, 2.6, 3.2. -Sale or return goods, App.12 Q14. -Scope, 3.2, 3.3 -Services, App.12 Q7 -Statement forms, App.2-4. -Statement formats, 3.12, 3.13, App.5 & 6 -Supplies to Free Zones, App.12 Q10. -Supplier safeguard, 5.2- 5.5 -Temporary movement of goods, App.12 Q6 -Time limit for submission, 3.11 -Trade covered, 2.7 -Triangulation, App.12 Q13, App.16 -Value to be included, 3.6 -VIES Statement completion, Ch.4 -VIES STATEMENT form, App.2 -VIES STATEMENT contd., 4.5, App.3 -VIES STATEMENT CORRECTIONCh. 4.9-4.12, App.4 W Weight-Net mass, 9.6 -Weight differential, INTRASTAT, App.13, Q23 -Total weight given, INTRASTAT, App.13 Q27 Z Zero-rating of Intra-Community supplies-Conditions, 2.2, 5.1 Zeros, leading zeros, App.13 Q31
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