The conditions for the VAT exemption of intra-Community supplies of goods will be modified starting with January 1, 2020, following the application of the European Directive on “quick remedial measures“.
The measure is regulated by the EU Council Directive 1910/2018 and is supplemented by the European Regulation 1912/2018 which will be directly applicable in all Member States from January 1, 2020.
The new conditions for granting the VAT exemption provide:
– The express communication of the registration code for VAT purposes of the supplier. Thus, the VAT code of the supplier becomes a basic condition to exempt from VAT the intra-Community supplies of goods.
– The supplier does not submit the recapitulative statement (D390) or the intra-Community delivery is declared incorrect. Exception makes the situation in which the supplier can justify this deviation in a manner considered satisfactory by the fiscal authorities.
Proving of the transport of goods from one Member State to another if certain requirements are met, one of the particularities being that the specific transport documents must be issued by two entities independent of each other, seller or buyer.
The Declaration 390 will become a mandatory condition for granting the VAT exemption for intra-Community supplies of goods. The mentioned Declaration will become important during the process of fiscal compliance for the economic agents that perform intra-community operations of goods.
In conclusion, economic agents, accountants and tax consultants will have to pay more attention to this aspect, from now on.