INTRASTAT: relevance of registration to VIES and new evidence about release of assets/goods from the Country

The Directive 2018/1910/CE has obligated taxable persons to register in the VAT Information Exchange System (VIES) if they want to carry out intra-community transactions

The elements characterizing intra-Community trade are summarized below:

  • the transaction must relate to tangible movable property shipped or transported by the seller or purchaser or by third parties on their behalf from one Member State of the EU to another;
  • the transaction must take place between a taxable person (buyer) and a taxable person (seller) acting in a Member State of the  EU different than that in which the transaction of the goods originates; the buyer is obligated to provide their VAT number, while the seller is obligated to verify the VAT number in the VIES archive;
  • the agreement between the parties must provide the transfer of ownership of the rights;
  • the agreement between the parties must be done upon payment;
  • the seller must present the INTRA of goods within the EU.

The legislation has also changed with regard to the tests that establish the exit of the asset outside the State. The new article 45-bis of EU Regulation no. 282/2011, in fact, establishes that shipping or transportation from the territory of a Member State to a destination in the Community is presumed when one of the following cases is present:
if the transport is handled by the seller or by a third party on his behalf:

  • sales or transport certification;

if the transport is handled by the buyer or by a third party on his behalf:

  • written declaration by the buyer certifying that the goods have been transported or shipped by the buyer. This declaration must be provided within the tenth day of the month following the assignment;

The written declaration from the buyer must contain:

  • release date;
  • the name and address of the buyer;
  • the quantity and nature of the goods;
  • the date and place of arrival;
  • the possible identification of the person who accepts the goods on behalf of the buyer.

Regardless of the person in charge of transport, the seller must also have at least two of the following documents:

  • CRM signed for road transport;
  • bill of lading for maritime carriers;
  • air freight bill;
  • invoice issued by the shipper

Or they must have only one of the documents mentioned above and one document among the following:

  • insurance policy relating to the shipment or transportation of goods or bank documents attesting payment for the shipment or transportation of goods;
  • official documents issued by a public authority confirming the arrival of the goods in the Member State;
  • a receipt issued by a depositary in the Member State of destination confirming the deposit of the goods in that Member State.

Our professionals are at disposal for any clarification