Commission Implementing Regulation (EU) 2023/2184 of 16 October 2023 amending Implementing Regulation (EU) No 79/2012 as regards statistical data that Member States are to communicate to the Commission

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax ¹, and in particular Article 49(3) thereof,

Whereas:

• (1) Annex IV to Commission Implementing Regulation (EU) No 79/2012 ² sets out the list of statistical data that the Member States are to communicate to the Commission for the evaluation of Regulation (EU) No 904/2010.

• (2) Council Regulation (EU) 2018/1541 ³ amended Regulation (EU) No 904/2010 to introduce a number of new administrative cooperation tools. The new rules enable, among others, the administrative enquiries of at least two Member States, the cooperation between Eurofisc working field coordinators, the European Union Agency for Law Enforcement Cooperation (‘Europol’) and the European Anti-Fraud Office (‘OLAF’), the access to information in relation to national vehicle registrations and administrative enquiries carried out jointly. It is therefore necessary to adapt the provisions in Implementing Regulation (EU) No 79/2012 as regards the statistical data needed to evaluate the functioning of Regulation (EU) No 904/2010.

• (3) Title XII, Chapter 6, of Council Directive 2006/112/EC ⁴ provides for special schemes for taxable persons supplying services to non-taxable persons or making distance sales of goods or certain domestic supplies of goods. To allow for the effective monitoring of the functioning of these special schemes, statistics should be provided in accordance with Chapter XI of Regulation (EU) No 904/2010. To enable this, Annex IV to Implementing Regulation (EU) No 79/2012 should be amended to include statistical data in relation to those schemes.

• (4) In addition, as regards the refund of VAT to taxable persons not established in the Member State of refund but established in another Member State in accordance with the procedure laid down in Council Directive 2008/9/EC ⁵ and in Chapter XII of Regulation (EU) No 904/2010, the provision by the Member States to the Commission of yearly statistical data on the status of VAT refunds has proven to be a useful practice. Therefore, to allow the provision of such data in a structured and uniform way across the Member States and thereby ensure the monitoring of the good functioning of the VAT refund procedure, Annex IV to Implementing Regulation (EU) No 79/2012 should be complemented with statistical data on VAT refunds.

• (5) Implementing Regulation (EU) No 79/2012 should therefore be amended accordingly.

• (6) This Regulation is to apply for the reporting by Member States starting from 2024. However, to provide Member States with more time to adapt to the new rules, certain information should be communicated to the Commission for the first time only from 2025.

• (7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Administrative Cooperation,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Implementing Regulation (EU) No 79/2012 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 October 2023.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

‘ANNEX IV

Model for the communication from the Member States to the Commission referred to in Article 49(3) of Regulation (EU) No 904/2010

Member State:

Year:

Part A —   Statistics per Member State:

Part B —   Other global statistics:

Part C —   VAT Refund Statistics:

Notes:

• Box 1: This is the figure from box 11 of the previous year.

• Box 2: Total number of claims received during the year.

• Box 3: Total number of claims that are not queried and paid within 4 months of receipt (Article 19 of Directive 2008/9/EC).

• Box 4: Total value of the claims mentioned under box 3.

• Box 5: Total number of claims that are queried and paid within the deadlines set out in Article 21 of Directive 2008/9/EC. This includes claims that are partially disallowed.

• Box 6: Total value of the claims mentioned under box 5.

• Box 7: Total number of claims paid or partially repaid outside the deadlines referred to in Articles 19 and 21 of Directive 2008/9/EC.

• Box 8: Total value of the claims queried mentioned under box 7.

• Box 9: Total number of claims that are rejected in full (partially repaid claims are included in boxes 5 and 7).

• Box 10: Total value of the claims mentioned under box 9.

• Box 11: Total number of claims awaiting a decision at the end of the calendar year. This includes claims that are being considered and claims that have been received but are not yet being considered.

• Box 12: Total value of the claims mentioned under box 11.

Part D —   One Stop Shop (OSS) Statistics:

1. The registration module

• (a) Registration data to be provided as Member State of identification:

• — The total number of registered traders as at 31 December of the relevant calendar year.

• — Total number of new registrations during the relevant calendar year based on the effective commencement date.

• — Total number of exclusions during the relevant calendar year based on the effective date of exclusion.

• — Total number of Electronic interfaces (acting as deemed supplier) registered in the schemes as at 31 December of the relevant year, where available.

• — Total number of VAT groups registered in the schemes as at 31 December of the relevant year.

• (b) Exclusion code: For each special scheme, along with intermediaries (where relevant), please provide details of the number of times an exclusion code has been used as a Member State of identification for the relevant calendar year based on the effective date of exclusion (data in numeric format, no decimals, no separators, e.g. 12345; for nil values use 0).

• — code (1) The taxable person or the intermediary acting on his behalf notified the MSI that the taxable person no longer carries out supplies of services and/or goods covered by the Special Scheme.

• — code (2) MSI assumes that the taxable activities of the taxable person covered by the special scheme have ceased OR the intermediary has not acted as an intermediary for any taxable person for a period of 2 consecutive quarters (for intermediary related data please provide information under the intermediary column).

• — code (3) The taxable person no longer meets the conditions necessary for the use of the special scheme OR the intermediary no longer meets the conditions to act as such (for intermediary related data please provide information under the intermediary column).

• — code (4) The taxable person persistently fails to comply with the rules of the special scheme OR the intermediary persistently fails to comply with the rules for the Import Scheme (for intermediary related data please provide information under the intermediary column).

• — code (5) The taxable person or the intermediary acting on his behalf has requested to voluntarily leave the scheme OR the intermediary has requested to voluntarily cease to act as an intermediary (for intermediary related data please provide information under the intermediary column).

• — code (6) The taxable person or the intermediary has requested to be identified in a new MSI (for intermediary related data please provide information under the intermediary column).

2. The VAT Return module

• (a) VAT amount declared in OSS/IOSS VAT return

• — For the Union scheme and the non-Union scheme:

Please provide details of the amount of VAT (in euro) declared in the VAT return for Q1 to Q4 (inclusive) of the relevant calendar year. In this amount, please include corrections (if any) that were made to those returns covered by this reporting period (Q1–Q4).

• (i) As Member State of identification broken down by Member State of consumption (along with Northern Ireland for the Union scheme).

• (ii) As Member State of consumption broken down by Member State of identification (along with Northern Ireland for the Union scheme).

• Note: Data to be provided in numeric format, rounded to the nearest euro with no decimals, no separators, e.g. 10023452; for nil values use 0.

• — For the import scheme:

Please provide details of the amount of VAT (in euro) declared in the VAT return for January to December (inclusive) of the relevant calendar year. In this amount, please include corrections (if any) that were made to those returns covered by this reporting period (January to December).

• (i) As Member State of identification broken down by Member State of consumption (along with Northern Ireland).

• (ii) As Member State of consumption broken down by Member State of identification (along with Northern Ireland).

• Note: Data to be provided in numeric format, rounded to the nearest euro with no decimals, no separators, e.g. 10023452; for nil values use 0.

• (b) Please provide details of the global taxable amount as MS of identification declared in the IOSS VAT return for the relevant calendar year:

• Note: Data to be provided in numeric format, rounded to the nearest euro with no decimals, no separators, e.g. 10023452; for nil values use 0.

• (c) Use of the correction mechanism:

Please provide, for the relevant calendar year the number of VAT returns that contained a correction.

3. The VAT Payment Module

• (a) VAT amount paid in OSS/IOSS schemes.

• (i) The total OSS/IOSS VAT amounts for the relevant calendar year sent by you as Member State of identification to the Member States of consumption (breakdown per Member State of consumption).

Please provide details in euro for January to December (inclusive) of the relevant calendar year.

• Note: Data to be provided in numeric format, rounded to the nearest euro with no decimals, no separators, e.g. 10023452; for nil values use 0.

• (ii) The total OSS/IOSS VAT amounts for the relevant calendar year received by you as Member State of consumption (breakdown per Member State of identification).

Please provide details in euro for January to December (inclusive) of the relevant calendar year.

• Note: Data to be provided in numeric format, rounded to the nearest euro with no decimals, no separators, e.g. 10023452; for nil values use 0.

• (b) The total number of reimbursements for the relevant calendar year.

• Note: Data to be provided in numeric format; for nil values use 0.

• (c) The number of VAT return/payment reminders for the relevant calendar year as Member State of identification (MSID) and number of payment reminders as Member State of consumption (MSCON).

Please provide details of VAT return and VAT payment reminders relating to January to December for the relevant year.

’

ELI: http://data.europa.eu/eli/reg_impl/2023/2184/oj

ISSN 1977-0677 (electronic edition)