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Quarterly indirect tax update - July 2021

Welcome to the latest edition of our Indirect Tax Quarterly Update which covers a range of topical international VAT issues which have an impact on both Irish and EU based businesses:

Creation of fixed establishments: Letting of property in EU countries in which staff are not present

A recent judgement issued by the Court of Justice of the European Union (“CJEU”) stated that a business is required to have its own staff in order to create a fixed establishment for VAT purposes. The CJEU ruled that the concept of fixed establishment implies a minimum degree of stability derived from the permanent presence of both the human and technical resources necessary for the provision of given services.

VAT and Customs relief: Examination of returned goods relief

It has been over six months since the UK’s official departure from the EU and businesses have had to adapt to many changes introduced by Brexit. Grappling with VAT and customs to ensure compliance is difficult, and given this increased cost, it is now more important than ever for businesses to be aware of any potential reliefs available.

Administrative essentials: Valid VAT invoices and commercial invoices

A VAT invoice is a document issued by an accountable person (i.e. a VAT registered trader), which sets out the details of a taxable supply and all related information as prescribed by VAT law. A VAT invoice must issue within fifteen days of the end of the month in which goods or services are supplied. The information given on a VAT invoice is the basis for establishing the VAT liability on the supply of goods or services and it also enables VAT registered customers to reclaim the VAT charged to them.

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