What is triangulation? |
Triangulation is a term used in cases that involve the supply of the same goods between three different member states. Triangulation means a sale from a taxable person in Member State (MS) 1 to a taxable person in Member State (MS) 2, who sells these goods further to a taxable person in Member State (MS) 3. Goods are transported directly from Member State 1 to Member State 3.![]() In such cases the relation of the transport of the goods is essential to determine how the VAT should be applied to the transaction. There are two possibilities: 1. The transport of the goods is done or contracted by C or by B as the seller to C.
Since this time C is taking care of the transport, it means that the goods were made available to C in MS1 and that is where the ICS to C took place. In such a case there is a supply without transport by A to B which is considered as a domestic supply by A in Member State 1. Therefore A has to charge VAT to B. On the other hand the supply by B to C is a supply with transport in Member State 1 and is exempt from VAT if it satisfies two conditions, namely that C has a valid identification number and that goods are transported out of Member State 1. C is then making an Intra-Community Acquisition in Member State 3 for which he is liable to pay VAT. In this situation B is always required to register in Member State 1. 2. The transport of the goods is done or contracted by A or by B The supply between A and B is a supply with transport . It is therefore an Intra-Community Supply that satisfies two conditions namely that B has a valid identification number in Member State 2 and the goods are transported outside Member State 1. Such an Intra-Community Supply is therefore exempt in Member State1. See also full article about triangulation |
| Last Updated on Mon, 21 September 2009 |
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