Reverse Charge on Services Bought From an Overseas Supplier
VAT Question
My UK VAT-registered client has bought IT services from a Dutch supplier. The supplier has charged VAT at 21%. Can my client claim back the VAT they have been charged?
VAT Answer
Your client cannot claim back the VAT they have been charged as input tax on their VAT return. The VAT charged at 21% is Dutch VAT, not UK VAT. Non-UK VAT cannot be claimed as input tax on a UK VAT return.
The supplier should not have charged VAT. This is because the supply of IT services to a UK business is supplied for VAT purposes where the customer belongs under the B2B general place of supply of services rule. This means it is not subject to VAT in the Netherlands, where the supplier belongs.
The correct treatment is that the supplier should not have charged VAT. Instead, the customer must account for VAT themselves using a reverse charge process. The reverse charge process requires the customer to account for the VAT themselves as output tax via their own VAT return based on UK VAT rates. In this instance the supply of IT services in the UK is liable to VAT at the standard rate (20%), and so your client should account for output tax of 20% of the amount charged by the supplier and include this in Box 1 of their VAT return. Your client can then treat the reverse-charged output tax as input tax and can recover it subject to the normal rules for input tax recovery. Unfortunately, just because the supplier has incorrectly charged Dutch VAT, it does not avoid the obligation for your client to account for UK VAT themselves using the reverse charge process; the only way to mitigate the additional VAT will be to obtain a refund of the incorrectly charged VAT directly from the supplier.
For more information, please contact us at: consultancy@vantagefeeprotect.com
Neil Maddison
VAT Advisor
Related VAT Questions
Liability of Building Works for Mixed Use Property
My VAT-registered client has purchased a property consisting of a single shop on the ground floor and 2 residential flats on the first floor. The client is to renovate and refurbish the comm
LLPs and the Private Tuition Exemption
My client is a partnership of a number of individuals providing swimming lessons to children. Currently their tuition is exempt from VAT, but as the business has become more successful, their liabi
VAT Recovery on Residential Refurbishment
A common question asked is whether VAT incurred on the costs of renovating/refurbishing a residential property – whether for sale or leasing out – is recoverable.
Treatment of Stock and Assets at Deregistration
My client recently bought a van and claimed back the VAT. Their taxable turnover has now gone below £88,000. If my client cancels their VAT registration, do they need to pay back the VAT they have
My Client is Only Just Over the VAT Registration Threshold!
I have just completed my client’s income tax self-assessment for the tax year ending 5 April 2024 and have noted that the client’s turnover went over the VAT registration threshold in March
Supply of E-Publications
My client has their own website on which they make sales of e-books, which are downloaded by customers worldwide. My client’s customers are consumers rather than businesses, and these e-books mee
Real people, real results
Vantage Fee Protect provide market leading Tax Fee Protection
Insurance schemes through accountants.
Don’t be shy,
get in touch
Vantage Fee Protect provide market leading Tax Fee Protection
Insurance schemes through accountants.
"*" indicates required fields