• Invoices in intra-Community acquisition of goods
With the intra-Community acquisition of goods, an important factor is the date of receipt of the invoices from abroad. Although the requirement of its possession does not determine the tax liability (the tax term on intra-Community acquisition of goods occurs no later than on the 15th of the month following the month of the delivery), however, it affects the right to deduct VAT arising in this transaction.
In case of a lack of the invoice within 3 months after the month in which delivery took place, the taxpayer is obliged to deduct the relevant amount of tax receivable settlement for the period during which this tax was due.
The receipt of the invoice at a later date entitles the taxpayer to the relevant magnification of the tax receivable in accounting for the tax period in which the taxpayer has received this invoice.
• Documents the intra-Community supply of goods
At the intra-Community supply of goods, tax liability arises on the date the invoice is issued by the taxpayer, but no later than the 15th day of the month following the month in which the delivery was made. This is expressed in Article 20 of the Act on VAT and just like during intra Community acquisition, it does not provide an absolute compulsion to submit an invoice for shipping, but in view of other obligations (regulation and accounting of sales on the basis of preferences - 0% VAT rate), it is wise for an invoice to be issued without undue delay. Often, in fact, other export documents refer to its content. The lack of the invoice may make identifying the delivery more difficult. At the same time it delays the moment of payment of the obligations by the purchaser which is not in the interest of the entrepreneur. It should also be noted that the invoice must have a valid identification number for intra-Community transactions, given by the buyer’s Member State, containing a two-letter code used for value added tax. If the invoice does not specify the goods it is also necessary to draw up a specification.
We also cannot forget, that access to the above tax preferences is also associated with the obligation of possessing evidence, that the goods which are the subject of intra-Community supplies have been exported from the territory of the seller’s country and delivered to the buyer, whose seat is in the territory of a Member State other than that of the seller’s country. These are: the CMR consignment note or a document of export or other evidence proving the acceptance of the goods by the purchaser in the territory of a Member State other than that of the seller’s country. They should be issued at the time of preparing the delivery’s shipment.