
Who and
how?
Who can benefit from the simplification measures and what supplies are they applicable to?
The Non-Union Scheme can be used exclusively by non-EU established taxable persons. Even if the taxable person is registered or obliged to register for VAT purposes in one of the Member States for supplies other than B2C services, they will still be able to use the Non-Union scheme for their provision of B2C services.
The Non-Union Scheme
As of 1 July 2021, the Non-Union Scheme will cover all supplies of services (including TBE services) that are carried out by the taxable persons defined above to end consumers who are deemed supplied in the EU. If the supplier opts to use the Non-Union scheme,they will have to use the scheme to declare and pay VAT for all their B2C supplies of services in the EU.
Here is a non-exhaustive list of B2C supplies of services that could be included in the framework of the Non-Union scheme:
- Accommodation services carried out by non-established taxable persons
- Admission to cultural, artistic, sporting, scientific, educational, entertainment or similar events, such as fairs and exhibitions
- Transport services
- Services of valuation and work on movable tangible property
- Ancillary transport activities such as loading, unloading, handling or similar activities
- Services connected to immovable property
- Hiring of means of transport
- Supply of restaurant and catering services for consumption on board ships, aircraft or trains etc
The Union Scheme
The Union scheme can be used by:
- A taxable person established in the EU (who is not a “deemed supplier”) to declare and pay VAT for:
- Provisions of B2C services taking place in a Member State in which they are not established. Any services supplied to customers in a Member State in which the supplier is established must be declared in the national VAT declaration of the respective Member State, irrespective of whether this fixed establishment is involved in the supply of services or not.
- Intra-Community distance sales of goods.
- A taxable person who is not established in the EU to declare and pay VAT for intra-Community distance sales of goods.
- An electronic interface, established in the EU or outside the EU that facilitates supplies of the following goods for which they are a “deemed supplier”:
- Intra-Community distance sales of goods.
- Certain domestic supplies of goods (for example when the goods are located in the same Member State as the customer to whom they are being sent) can exceptionally be declared under the Union scheme when an electronic interface is acting as a “deemed supplier”.
The import scheme
Supplies of goods are covered by the import scheme when:
- The goods are dispatched/transported from a third territory or third country at the time they are supplied, and
- These goods are dispatched in a consignment with an intrinsic value which does not exceed EUR 150, and
- The goods are transported or dispatched by or on behalf of the supplier, including cases in which the supplier intervenes indirectly in the dispatch or transport of the goods from a third country or third territory, to a customer or any other eligible person in a Member State, and
- The goods are not subject to EU harmonised excise duties (in general, alcohol or tobacco products according to Article 2 section 3 of the VAT Directive.) It is important to note that IOSS cannot be used when low value goods are bought and/or dispatched together with excise goods, irrespective of whether or not the value of the consignment exceeds EUR 150.
The following taxable persons can use the import scheme:
- Suppliers established in the EU who are selling the aforementioned goods to a customer in the EU. This is generally the case when suppliers sell via their own online shop.
- Suppliers not established in the EU who are selling these goods to a customer in the EU. This is generally the case when suppliers sell via their own online shop. These suppliers can use the scheme in the following manner:
- Directly (i.e. without the obligation to appoint an intermediary) if they are established in a third country with which the EU has concluded a VAT mutual assistance agreement. This applies only insofar as they carry out sales of goods from this specific third country. As soon as they also carry out supplies from other third countries or territories, they will no longer be able to use the scheme directly, and instead they will have to use the scheme indirectly.
- Indirectly, through an intermediary established in the EU.
- Electronic interfaces established in the EU that facilitate distance sales of imported low value goods for underlying suppliers, which are considered “deemed suppliers”.
- Electronic interfaces not established in the EU that facilitate distance sales of imported low value goods for underlying suppliers, which are considered “deemed suppliers”. These electronic interfaces can use the scheme in the following manner:
- Indirectly, through an intermediary established in the EU.
- Directly (i.e. without the obligation to appoint an intermediary) if they are established in a third country with which the EU has concluded a VAT mutual assistance agreement insofar as they carry out the sales of goods from this third country.
Special arrangements for the payment of import VAT
This simplification measure was designed in particular for postal operators or express carriers or other customs agents in the EU who typically declare low value goods for import, either as direct or as indirect customs representatives.
The special arrangements are applicable for the import of the following low-value goods, for which neither the special import scheme nor the standard arrangements for collecting VAT at Customs are used:
- Goods supplied to customers in the EU. The types of customers are defined in article 14, section 4 of the VAT Directive, and
- Goods that are dispatched in a consignment of an intrinsic value which does not exceed EUR 150 to customers from the EU, and
- Goods that are not subject to special EU harmonised excise duties (typically alcohol or tobacco products according to Article 2 (3) of the VAT Directive), and
- Goods that have been released for free circulation in the Member State where the dispatch or transport ends.

What do you have to do to adapt to the E-commerce VAT Directive?
Although it might seem obvious, adapting a company’s operations to the new E-commerce VAT Directive which entered into force on the 1st July 2021, involves a three-step process, namely:

Step 1: Should the company be concerned about the new E-commerce VAT rules?
In certain conditions, this new scheme affects B2C companies supplying goods or services to consumers in different Member States (distance sales or service providers that are not established in the country of consumption), and it also affects electronic platforms or interfaces that enable B2C sales of their own products or services, or that facilitate their sale to external suppliers.
It is important to note that the fact that a company also undertakes other commercial activity does not mean that it will not be affected by the new E-commerce rules. In fact, a company may face a mixed situation where in addition to using one of the new special E-commerce VAT schemes, they will still have to comply with the general VAT obligations in one or several Member States.
As a general rule, we can conclude that:
- The new E-commerce regulations will not apply to companies that do not participate in any of the aforementioned activities.
- If they do, then other circumstances will have to be considered in order to determine whether or not the company is affected by the new regulations. For this purpose, other additional aspects must be considered, including:
- The volume of B2C sales in each of the Member States concerned (the previous thresholds that required local VAT to be charged on sales in excess of the specific amount established by each country have been consolidated and reduced to a total amount of 10,000 euros for all of the company’s B2C operations).
- Whether the company participates directly or indirectly in the transportation of goods.
- Whether the traded goods are supplied by external suppliers that are not established in the EU.
- Whether the traded goods are valued at less than 150 euros or whether they are imported in a Member State other than the country of destination.
- Whether the company consistently asks their customers for their VAT number for B2B transactions and verifies the validity of said number in the VIES database.
In any case, it can be understood that:
- Any companies that already do distance selling that have had to register in different Member States will be affected by the new E-commerce regulations. After considering the implications of the regulations, these companies will have to decide whether applying one of the one-stop shop schemes is both feasible and advisable.
- It is also likely that the new E-commerce regulations will be applicable to companies operating their own online shops (irrespective of whether the B2C supplies are of products from within the EU or outside of the EU).
Step 2: What are the implications of the E-commerce VAT scheme for a company’s operations?
Once a company has determined that their operations are included within the scope of the new E-commerce regulations, the next step will be for them to determine the consequences for their operations from a VAT perspective.
The financial department and the tax department, if there is one, should intervene at this stage, as well as the company’s external tax advisors. Given the specialist nature of the subject and the global implications of the changes, the involvement of a network of VAT consultants with the necessary experience should not be ruled out.
This task requires in-depth analysis from a VAT perspective, in order to determine:
- Current situation: What is the VAT treatment for each of the company’s business flows according to the current regulations, and what are the factual elements which determine this treatment?
- Future situation: Taking into account the factual elements that determine this treatment, what will the VAT treatment be for each of the company’s business flows under the new E-commerce regulations?
Step 3: Are the company’s accounting software and business flows prepared to comply with, and ideally automate, compliance with the obligations derived from the E-commerce VAT Regulations?
Once the VAT implications for the company have been identified, the next step will be to determine whether the company has the capacity to generate the data required in order to comply with the obligations derived from the new E-commerce VAT regulations.
As with the previous step, this task will also require an in-depth analysis, which, in this case must take into account the sufficiency of the data and reporting technology, in order to determine:
- How it is: How the data relevant to the company’s management of the VAT resulting from its business flows is structured in the database, and how the information required to manage the company’s VAT obligations can be generated from this data.
- How it will be: Whether the structure of the company’s database of data relevant to the company’s management of VAT resulting from its business flows is sufficient, and whether the manner in which this data will be reported meets the company’s needs when managing their VAT obligations under the new E-commerce regulations.
This task will also require input from the company’s IT department that will work in conjunction with the aforementioned agents. Likewise, it is important not to rule out the need for external IT consultants, or a network of VAT consultants who can cover the different countries involved.
At the end of the process, and taking into account the implications of the new E-commerce VAT regulations on their B2C operations, the company will have to decide if they feel that they are in a position to ensure compliance with all of the obligations derived from these regulations, based on:
- Their existing administrative procedures and work routines.
- Whether they have the technology available to configure the relevant data and generate the necessary information, and, where applicable, VAT declarations (ERP / accounting software / solutions for submitting VAT declarations).
The conclusion may well be that changes are required, and that perhaps the most efficient solution would be to totally or partially outsource their VAT declaration obligations, whether on a provisional or definitive basis.
