07.02.2019

If the UK withdraws from the EU on 29 March 2019 as planned, upon the taxation with VAT the UK is a so-called ‛third country‛ (a country not member of the EU) since 30 March 2019. Upon the taxation with VAT it means the following. Estonian Tax and Customs Board has released the following guidelines for Estonian companies doing business with UK.

  • When an Estonian VAT payer provides services to a UK person engaged in business, it is not important any more whether the recipient of the service is registered in the UK for VAT liability or not – upon the provision of the service, when a so-called basic rule is applicable to any third country person engaged in business it is always the service with 0% VAT for the Estonian VAT payer.
  • Zero-rated service which is provided to a third country person shall be declared only in line 3 of the VAT return (Form KMD), such supply shall not be declared in line 3.1 of Form KMD and also shall not be declared in the report on intra-Community supply (Form VD).
  • When an Estonian taxable person receives from a UK person engaged in business any service, taxable in Estonia through reverse charge, after Brexit the taxable value of the service shall be declared in the informative line 7 of Form KMD, not in line 6.
  • When an Estonian VAT payer provides services to a UK person not engaged in business, there will be a change in relation to immaterial services, listed in subsection 10 (5) of the Estonian VAT Act – the provision of such services (including electronic communication services and electronically supplied services – hereinafter digital services) to a third country person not engaged in business is the supply with 0% VAT which shall be declared in line 3 of Form KMD.
  • When the recipient of such kind of service is an EU person not engaged in business – any other immaterial service shall be taxed with 20% VAT and shall be declared in line 1 of Form KMD and upon the provision of digital services the special arrangements for imposing VAT are applicable.
  • When an Estonian VAT payer transfers the goods to a UK person together with the transport of goods from Estonia to the UK, after Brexit it’s always the export of goods which is taxable with 0% VAT and shall be declared in lines 3 and 3.2 of Form KMD. The transfer of the goods to a UK private person together with the transport of the goods from Estonia to the UK by or on behalf of the seller is not distance selling any more then but also the export of goods, taxable with 0% VAT. The transfer of the goods to a UK natural person in Estonia is treated as the export, if all requirements listed in subsection 5 (2) of the Estonian VAT Act are met (so-called tax-free sales).
  • When an Estonian person purchases the goods in the UK together with the transport of goods from the UK to Estonia, after Brexit it is the import of goods, not intra-Community acquisition, and the provisions of the VAT Act related to import of goods are applicable.
  • If an Estonian VAT payer purchases the goods or services from a UK VAT payer after Brexit and VAT with the UK VAT rate is added to the price according to the UK VAT legislation, it is not possible any more to lay claim for refund of VAT, paid in the UK, through the EC cross-border VAT refund system.
  • If a UK person engaged in business will be registered in Estonia for VAT liability after Brexit, according to subsection 20 (6) of the Estonian VAT Act, a person of a third country engaged in business with no permanent establishment in Estonia shall appoint, upon registration as a VAT payer, a tax representative specified in the Estonian Taxation Act, who has been approved by the tax authority.
  • If a UK person engaged in business provides the digital services to the EU persons not engaged in business (incl. Estonian persons not engaged in business) after Brexit and wishes to follow the special arrangements for imposing VAT, the person must follow the provisions concerning the registration for VAT liability of third country entrepreneurs.

In case of further questions please contact Rödl & Partner Advokaadibüroo OÜ, attorney-at-law Alice Salumets, T +372 6068 650, E alice.salumets(at)roedl.com

Source: Estonian Tax and Customs Board