The VAT reverse charge mechanism shifts the responsibility for reporting VAT from the seller to the buyer. Instead of the supplier charging VAT and remitting it to the tax authority, the buyer declares and pays the VAT on their own VAT return. This avoids forcing foreign suppliers to register for VAT in the country where the VAT is due.
The reverse charge mechanism transfers the obligation to declare VAT from the vendor to the customer. The supplier issues an invoice without VAT, and the buyer must account for the VAT on their VAT return. It was introduced to prevent businesses in one EU Member State from having to register for VAT in another Member State solely to report VAT.
In principle, applying the reverse charge is mandatory for B2B transactions when the supplier is not established in the Member State where VAT is due. At the same time, some Member States apply the reverse charge optionally for certain transactions or sectors, based on national rules under EU VAT law.
The reverse charge applies when goods or services are supplied in France by a supplier who is not established there, to a buyer who is established and VAT-registered in France. The supplier does not need to be VAT-registered in France.
France also applies optional reverse charge in sectors such as mobile telephony and construction subcontracting.
Since January 1, 2022, VAT on imports is automatically subject to the reverse charge for any importer with a French VAT number, with administration moved from customs to the tax authorities.
Spain has broadened the scope of the reverse charge. It applies when:
The supplier is not established in Spain,
The service is located in Spain under B2B rules, and
The customer is VAT-registered in Spain.
Portugal also expanded the reverse charge mechanism. It applies if:
The supplier is not established in Portugal and has no fiscal representative, and
The buyer is VAT-registered in Portugal or has a fiscal representative.
Traditionally, the reverse charge did not apply when a supplier was VAT-registered locally, but recent reforms have extended it to more transactions by foreign companies without a permanent establishment or fiscal representative.
The VAT reverse charge simplifies cross-border VAT processes and reduces compliance burdens for foreign suppliers. It also serves as a tool for Member States to combat fraud in vulnerable sectors. However, the specific rules and sectors covered depend on each country’s implementation.
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