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Doing business with USA member states

Started by Henry Edwards33 · · 👁 38 views · 1.5K replies

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Participants Henry Edwards33ruggedmaker2Jack YoungRichard Howard55Ethan Mitchell4Nathan Cox25Nicole Lee6Raymond Martinez10Drew Rogers6stormygardener44Ashley Ramirez4amberbadger17silverviper44Ryan Wilson2ruggednomad5Brenda Chase3Christian Cruz41Patrick Peterson49Chris Hayes16Nicholas Sanchez85Zachary White17Kimberly Harris6gentlepilot45rowdyscout8 …
Carol Price4 Carol Price4 Regular
380 messages
joined Nov 2019
#1181 ·
silentscout9 said:Hey, can anyone help me out here? My company is buying goods from Germany and we're using a carrier to ship everything directly to a customer in Canada.
I’m issuing the invoice to the Canadians with the VAT exemption under Section 41 and all that stuff.
But I’m stuck on how to record the invoice for the German supplier, since the goods never actually enter the US.
I guess I don't know if I need to include this in my VAT filings or if I have to deal with Intrastat reporting?

If everyone involved is listed in the IRS database, then you're looking at a three-way transaction...
wiredfox65 wiredfox65 Newcomer
2 messages
joined Sep 2015
#1182 ·
It’s my first time handling an asset acquisition from within the USA, and I’ve spent the last few days scrolling through your posts trying to make sure I don't screw this up. You guys have been a huge help, but I still have that nagging feeling in my gut that I might be missing something. Could someone please double-check my logic?
First off, I grabbed our tax ID and sent it over to our suppliers in Romania.
The invoice should come through without any sales tax since we’re both registered with the IRS, but I’m wondering if there needs to be a specific legal reference or a "reverse charge" note on the bill?
When I file my taxes for September (due by October 20th), I'll calculate the tax myself using the average exchange rate, then report it on the tax form as both a liability and a credit, along with the standard filing.

One more thing—what exchange rate should I use when converting Eurozone currency back to USD for my calculations? My bank used their own selling rate for the transaction, so I'm wondering if I can just use that same rate to value the goods. Otherwise, I'm going to end up with a discrepancy between what I actually paid and what the inventory is worth on paper.
Carol Price4 Carol Price4 Regular
380 messages
joined Nov 2019
#1183 ·
You nailed it... just make sure you record the receipt using the Federal Reserve's mid-market rate on the invoice date, then book any difference as an exchange gain or loss.
wiredfox65 wiredfox65 Newcomer
2 messages
joined Sep 2015
#1184 ·
Thanks a ton, Devil! :-)

Quick question: does it actually matter which route the truck takes to get to me? I'm trying to figure out if they're coming via
1. A straight shot through the USA; basically staying within US territory the whole way, or
2. A shorter route that cuts through non-US countries along the way.
Does any of that change things for my paperwork or taxes, or do I just need to worry about the fact that the goods are shipping from Bulgaria to the US?
Carol Price4 Carol Price4 Regular
380 messages
joined Nov 2019
#1185 ·
All you really care about is making sure the shipment stays within the USA and that you're getting paid in USD—the logistics don't matter to you one bit...
Karen Reyes79 Karen Reyes79 Newcomer
6 messages
joined Jun 2015
#1186 ·
I wonder if it’s actually possible to set up an international wire transfer in USD through online banking... maybe.
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#1187 ·
Are you talking about making payments within the USA?
You can pull that off just fine if you've already set up those kinds of business arrangements with your commercial bank.
silentscout9 silentscout9 Member
10 messages
joined Apr 2016
#1188 ·
Carol Price4 said:If everyone involved is listed in the IRS database, then you're looking at a three-way transaction...

we're all in the IRS database
but I'm honestly not sure about the specifics here. Our trading company buys the goods, then we hire and pay a carrier to move everything to the customer
now I'm stuck wondering—am I supposed to be reporting this stuff for sales tax or on Intrastat filings?
Carol Price4 Carol Price4 Regular
380 messages
joined Nov 2019
#1189 ·
Nah, if you don't have an acquisition setup, goods aren't actually entering California—so there's no sales tax to worry about.

And Intrastat? Doesn't apply either since the shipment never officially hit the US...
Patrick Peterson49 Patrick Peterson49 Active Member
76 messages
joined Sep 2011
#1190 ·
Can someone just double-check if I’ve actually got this three-way deal straight?
A - Poland, B - Canada, and C - USA

Company A delivers the goods to C, but sends the invoice to B
Then B invoices C for those goods

Since I'm at the end of the chain, I'd be putting this in my sales tax return under Section II.13—received goods and services from non-resident taxpayers at the 25% rate—Section III.13 for input tax from non-residents at 25%, and Section VIII.6 for goods received from the USA as part of a three-way transaction

I'm assuming I don't list this on the standard sales tax form... but since the inventory is physically hitting the US, I guess it counts as an interstate move... right?

Thanks!
Steven Anderson14 Steven Anderson14 Active Member
54 messages
joined Jul 2014
#1191 ·
Patrick Peterson49 said:Can someone just double-check if I’ve actually got this three-way deal straight?
A - Poland, B - Canada, and C - USA

Company A delivers the goods to C, but sends the invoice to B
Then B invoices C for those goods

Since I'm at the end of the chain, I'd be putting this in my sales tax return under Section II.13—received goods and services from non-resident taxpayers at the 25% rate—Section III.13 for input tax from non-residents at 25%, and Section VIII.6 for goods received from the USA as part of a three-way transaction

I'm assuming I don't list this on the standard sales tax form... but since the inventory is physically hitting the US, I guess it counts as an interstate move... right?

Thanks!

I dealt with the exact same thing last month and everything went fine. Just like you laid it out.
Ryan Rogers4 Ryan Rogers4 Member
22 messages
joined Sep 2015
#1192 ·
Patrick Peterson49;55417799 said:Can someone just confirm if I’ve actually got this three-way deal right?
A - Poland, B - Canada, and C - USA

Company A delivers the goods to C but sends the invoice to B.
Then B invoices for the goods sent to C.

Since I'm at the end of the chain, I record this on my VAT return under section II.13—received goods and services from non-resident taxpayers at 25%—section III.13 for input tax on those non-resident supplies at 25%, and section VIII.6 for goods received from the USA within a three-way transaction.

I don't list this on the VAT-S form. I assume it counts as an intrastate movement because the goods are physically entering the US.

If all the taxpayers are registered in their own countries, then VAT is applied to the incoming invoice from B. This gets reported on the VAT return under section II.7 for intra-USA goods acquisitions at 25%, section III.7 for input tax on those acquisitions at 25%, and section VIII.6 for goods received from the USA via a three-way deal.

That same deal needs to be on the VAT-S form too—because, well, the VAT-S has to reflect everything in section III.7. It also goes into the Intrastat report.
That's how I've been handling it since day one of joining the union.
Patrick Peterson49 Patrick Peterson49 Active Member
76 messages
joined Sep 2011
#1193 ·
Yeah, that’s exactly how I read it in the IRS filings back in 2013. They actually told me today that’s the way to go—even though the Police Department put out an opinion on 02.11.2015 saying otherwise.
http://www.irs.gov/US_publ....aspx?id=19210
When I showed them that Police Department opinion, they were just like, "Oh, yeah... that's new, do it that way."🙏

But it says things should be done differently here🙏—basically the way I laid it out above...
Ryan Rogers4 Ryan Rogers4 Member
22 messages
joined Sep 2015
#1194 ·
Patrick Peterson49 said:Yeah, that’s exactly how I read it in the IRS filings back in 2013. They actually told me today that’s the way to go—even though the Police Department put out an opinion on 02.11.2015 saying otherwise.
http://www.irs.gov/US_publ....aspx?id=19210
When I showed them that Police Department opinion, they were just like, "Oh, yeah... that's new, do it that way."🙏

But it says things should be done differently here🙏—basically the way I laid it out above...


Well, looks like I just learned something new... now I have to go update all my forms... lol.
Patrick Peterson49 Patrick Peterson49 Active Member
76 messages
joined Sep 2011
#1195 ·
🤣
sorry
I honestly thought it worked the same way you did—glad I actually went out and looked into it myself...
Richard Howard55 Richard Howard55 Regular
251 messages
joined Aug 2015
#1196 ·
I’d probably run this by another consulting firm. Maybe there was something specific at play here—some kind of "hidden" detail that triggered that response from the IRS.
He's got me totally stumped. 🤔
Patrick Peterson49 Patrick Peterson49 Active Member
76 messages
joined Sep 2011
#1197 ·
I've checked with the IRS and JPMorgan Chase—they're saying the exact same thing as the Police Department...
Ryan Rogers4 Ryan Rogers4 Member
22 messages
joined Sep 2015
#1198 ·
Richard Howard55 said:I’d probably run this by another consulting firm. Maybe there was something specific at play here—some kind of "hidden" detail that triggered that response from the IRS.
He's got me totally stumped. 🤔

I went down a bit of a rabbit hole yesterday after hearing this, and yeah, it turns out that’s exactly how the VAT regulations are written.
Honestly, though, it makes zero sense to me. First off, since the goods are coming into the States from another country, it seems perfectly logical to report them as acquisitions from abroad on the VAT form—which is exactly what happens on the VAT-S. It just follows.

Does this change actually apply starting from 2014?
ruggedmaker2 ruggedmaker2 Regular
469 messages
joined Mar 2018
#1199 ·
We’ve figured out all the nonsense suppliers write on invoices when they shift the tax burden onto us, but what on earth do they put in those clauses for the margin scheme?
Does anyone actually have an example handy? I just need you to copy-paste roughly how the clause is worded.
It’ll probably be in English, German, Italian, or French—I’m just rattling off European languages now, haha 😁—some kind of weird legal phrasing.

Thanks in advance.
Sam Evans Sam Evans Member
10 messages
joined Aug 2015
#1200 ·
ruggedmaker2 said:We’ve figured out all the nonsense suppliers write on invoices when they shift the tax burden onto us, but what on earth do they put in those clauses for the margin scheme?
Does anyone actually have an example handy? I just need you to copy-paste roughly how the clause is worded.
It’ll probably be in English, German, Italian, or French—I’m just rattling off European languages now, haha 😁—some kind of weird legal phrasing.

Thanks in advance.

Hey,
as far as Italians go, I know about articles 36 or 38/41/95

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