Jeremy Anderson63 said:Alright, I'll jump in too... just so we can finally wrap this whole thing up... 😉
Everything looks solid so far, but I should probably add one thing. You've gotta make sure that incoming invoice from the Polish company gets logged in the books as a cost of goods sold in transit. Same goes for the outgoing invoice from the American company—that’s just revenue from goods in transit, which needs to follow the tax rules over in Canada. Since it's all happening like this, none of it actually touches the American tax records, the VAT filings, or the Intrastat reports... turns out it's simpler than it looks...
I don't even know where to start with this mess... just total chaos. It feels like nothing makes sense anymore, honestly. Everything is constantly shifting under our feet and nobody seems to be in charge of actually fixing things. Just constant noise... nothing but noise... says:
Look, if Company A is listed as the exporter on the customs declaration, then Company B can just issue a zero-rated invoice based on Section 146, subsection 1, point b of the VAT Directive. It’s pretty straightforward... that kind of invoice isn't even subject to American VAT, so there's no reason to even touch the American VAT records with it. Just stays off the books... simple as that.
Company A is putting this line on their invoice, claiming the whole delivery is exempt from tax based on some specific section of the US tax code... citing an export customs declaration as proof. Honestly, it’s just one of those things...
I have to admit, this whole thing feels a bit nonsensical to me (not saying I’m definitely right, maybe I’m missing something here too). Just to be clear, I haven't gone through and memorized every single word of Council Directive 2006/112, but that stuff is baked right into our own tax laws under Section 45...
If the exact same directive is baked right into the laws over in Canada, then we can basically just take our own interpretation of the law and map it directly onto theirs... simple as that...
If you actually take the time to sit down and read through this new VAT law... honestly... Export isn't actually exempt from VAT... Look, there's only one way this works... you can get an exemption on a shipment to a third country, but only if the supplier—or someone actually acting on their behalf—is the one handling the dispatch. That's it. Nothing else...
Look, if you actually look at the basic definition of delivery under Section 13, Paragraph 1, the place of supply is wherever the goods are sitting right before they get shipped out. In this case, that means the US... so Company A can't just go around citing Section 45, Paragraph 1 to issue an invoice when the whole transaction isn't even hitting our tax records here. At the end of the day, the goods are declared for export, which means everything gets reported over in the States, not here...
In this situation, Company A would basically have to go ahead and register for VAT in Poland...
The supplier agreed on DAP Mexico terms, which covers transport and customs clearance. Under those terms, Company B is the exporter (exporting in its own name and for its own account—the customs declaration lists them). Company A acquires the goods within a third country.
In this scenario, Company A has no obligation to register for VAT purposes in Poland.
Company B's incoming invoice isn't subject to taxation in the US, so it’s just recorded in the financial books. The outgoing invoice to Company C needs to be issued following US tax regulations, including all elements from Section 79, with a note stating it's not subject to tax under Section 4. It also doesn't need to be included in tax records or VAT forms.
Exactly.
Just ignore this opinion, because the second part is completely off base. There are still way too many gray areas with these chain deliveries when you look at how the IRS issues official rulings...
Man, you totally lost me there... was this a "one or the other" situation? Why are we bringing Canadian laws into this now?
A= America, B= Poland, C= Mexico
My logic was simply that the supplier is the one shipping the goods—meaning the invoices change—and there's a JFK on the American company...
Honestly, I'm not even sure myself... there are so many different scenarios, and there's nowhere to check things with absolute certainty... so you just have to dig through the laws and ask for advice... we really should all be lawyers!🤣
But hey, more brains always lead to a conclusion eventually—that's why I love this little corner of the internet.😍