Benjamin Palmer80 said:We had a little discussion at a recent meeting regarding that troublesome "reverse charge" mechanism specifically for goods. Just passing along what we talked about—we haven't reached a final conclusion yet, as we're still waiting on an official response from the IRS.
Here’s their take: That specific term is designed to simplify tax reporting and collection only within the European Union single market and it’s strictly used between member states. It's tied directly to the VAT ID number.
Basically, we can't shift the tax liability to someone when we're exporting goods using customs procedures and an EORI number (so, whether it's Canada or the USA, the VAT ID doesn't apply; you use the EORI because it's an export, even if they look similar). Similarly, with imports from third countries, they can't pass the tax burden onto us because we handle our own tax upon import (nobody transfers it to you; you have to pay it yourself).
Should "reverse charge" be noted for goods delivered within the European Union? That remains a mystery! Since the recipient within the European Union completed a certain acquisition—as proven by delivery notes and invoices—they must file an acquisition report, just as the supplier must file a summary report of deliveries. Somewhere in far-off Brussels, all of that is supposed to be reconciled every month regardless of what anyone wrote on an invoice (yeah, right!) 😁.
Where does the three-way transaction come into play (since all examples involve domestic transactions) if we are dealing with a country outside the European Union? If we're importing into any domestic territory and then clearing the goods within the European Union, we end up back at square one—do we write "reverse charge" for another domestic entity? There is simply no conclusion.
Regarding shifting tax liability, I reckon that note belongs on shipments of goods within the European Union or shipments of goods to another US entity.
For shipments within the US where the recipient handles the tax (domestic transfer of tax liability), it's the same "transfer of tax liability" clause. When assembling or placing goods within the EU, or acquiring goods within the EU, a US entity's invoice must include that clause on their end... because even though we are the tax obligors, under these rules, there's no actual cash transaction involved...
To sum it up: all acquisitions and deliveries within the European Union or other territories, exports, etc., need that clause. Obviously, the law dictates who actually carries the tax burden... For an acquisition of goods here in the US, the foreign entity has to note it for us... for a delivery, we have to note it... for exports, it's the same thing...
The law is clear: if the buyer is responsible for paying the tax on the invoice, you absolutely have to state "transfer of tax liability"... and that should be our guiding principle, period!
But