VATNIEU7410 - Business records: UK law
Regulation_31(1)(da)_to_(h) - Records
Regulation_33 - The_register_of_temporary_movement_of_goods_to_and_from_member_states
Introduction
The record keeping requirements are set out in regulations 13, 14, 31 and 33 of the VAT Regulations 1995.
Regulation 13(1) - Obligation to provide a VAT invoice
Save as otherwise provided in these Regulations, where a registered person (P)—
(a) makes a taxable supply in the United Kingdom to a taxable person, or
(b) makes a supply of goods to a person in a member state for the purpose of any business activity carried out by that person and P is identified for the purposes of VAT in Northern Ireland; or
(c) receives a payment on account in respect of a supply of goods that P has made or intends to make from a person in a member state and P is identified for the purposes of VAT in Northern Ireland, P must, unless paragraph (1ZA) applies, provide such persons as are mentioned above with a VAT invoice.
(1ZA)This paragraph applies where P, in relation to the description of supply mentioned in paragraph (1), is entitled to issue and issues a VAT invoice pursuant to section 18C(1)(d) of the Act and regulation 145D(1) in relation to the supply by P of specified services performed on or in relation to goods while those goods are subject to a fiscal or other warehousing regime, or to a Northern Ireland fiscal or other Northern Ireland warehousing regime.
Regulation 14(2) - Contents of VAT invoice
(2) Save as the Commissioners may otherwise allow, where a registered person who is identified for the purposes of VAT in Northern Ireland provides a person in another member state with a VAT invoice or any document that refers to a VAT invoice and is intended to amend it, he must ensure that it states thereon the following particulars—
(a) the information specified in sub-paragraphs (a) to (e), (g), (j), (m), (n) and (o) of paragraph (1) above,
(b) the letters “XI" as a prefix to his registration number,
(c) the registration number, if any, of the recipient of the supply of goods and which registration number, if any, shall contain the alphabetical code of the relevant territory in which that recipient is registered,
(d) the gross amount payable, excluding VAT,
(e) where the supply is of a new means of transport (as defined in paragraph 83 of Schedule 9ZA to the Act) a description sufficient to identify it as such,
(f) for each description, the quantity of the goods and where a positive rate of VAT is chargeable, the rate of VAT and the amount payable, excluding VAT, expressed in sterling,
(g) where the supply of goods is a taxable supply, the information as specified in sub-paragraph (l) of paragraph (1) above, and
(h) where the supply is an exempt or zero-rated supply, a relevant reference or any indication that the supply is exempt or zero-rated as appropriate.
Regulation 31(1)(da) to (h) - Records
(1) Every taxable person shall, for the purpose of accounting for VAT, keep the following records -
(a) - (d) ……
(da)all certificates–
(i) prepared by him relating to acquisitions by him of goods from other member states, or
(ii) given to him relating to supplies by him of goods or services, provided that, owing to provisions in force which concern fiscal or other warehousing regimes, or Northern Ireland fiscal or other Northern Ireland warehousing regimes, those acquisitions or supplies are either zero-rated or treated for the purposes of the Act as taking place outside the United Kingdom
(e) documentation received by him relating to acquisitions by him of any goods from other member states,
(f) copy documentation issued by him relating to the transfer, dispatch or transportation of goods by him to other member states,
(g) documentation received by him relating to the transfer, dispatch or transportation of goods by him to other member states,
(h) - (k) ……
Regulation 33 - The register of temporary movement of goods to and from other member states
(1) Every taxable person shall keep and maintain, in accordance with this regulation, a register to be known as the register of temporary movement of goods to and from other member states.
(2) Where goods have been moved to or received from another member state and they are to be returned within a period of 2 years of the date of their first removal or receipt, as the case may be, the register shall contain the following information -
(a) the date of removal of goods to another member state.
(b) the date of receipt of the goods mentioned in sub-paragraph (a) above when they are returned from the member state mentioned in that sub-paragraph or a different member state.
(c) the date of receipt of goods from another member state.
(d) the date of removal of the goods mentioned in sub-paragraph (c) above when they are returned to the member state mentioned in that sub-paragraph or another member state.
(e) a description of the goods sufficient to identify them.
(f) a description of any process, work or other operation carried out on the goods either in the United Kingdom or in another member state.
(g) the consideration for the supply of goods; and
(h) the consideration for the supply of any processing, work or other operation carried out on the goods either in the United Kingdom or another member state.
(3) The Commissioners may in relation to a trade or business of a description specified by them supplement the list of information required in paragraph (2) above by a notice published by them for that purpose.