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The 2012 worldwide VAT, GST and sales tax guide

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F RANCE 237<br />

the <strong>VAT</strong> amount charged <strong>and</strong> reclaimed on a supply. <strong>The</strong> <strong>VAT</strong><br />

amount credited must be separately itemized <strong>and</strong> it must be<br />

cross-referenced to the original <strong>VAT</strong> invoice.<br />

Proof of exports <strong>and</strong> intra-Community supplies. French <strong>VAT</strong> is not<br />

chargeable on supplies of exported goods or on intra-Community<br />

supplies of goods (see the chapter on the EU, page 208). However,<br />

to qualify as <strong>VAT</strong>-free, exports <strong>and</strong> intra-Community supplies<br />

must be supported by evidence indicating that the goods<br />

have left France. Acceptable proof includes the following documentation:<br />

• For an export, a copy of the export document, officially validated<br />

by customs <strong>and</strong> showing the supplier as the exporter.<br />

Other acceptable proof of export may be provided. <strong>The</strong> <strong>sales</strong><br />

invoice must include the following statement in French:<br />

“ Exonération de TVA—art. 262 I du Code Général des Impôts .”<br />

• For an intra-Community supply, the supplier must include the<br />

purchaser’s EU <strong>VAT</strong> identification number on the <strong>sales</strong> invoice<br />

<strong>and</strong> the following statement in French: “ Exonération de TVA—<br />

art. 262 ter-I du Code Général des Impôts .” <strong>The</strong> supplier must<br />

also retain commercial documentation (for example, purchase<br />

orders, transport documentation, proof of payment <strong>and</strong> a copy<br />

of the customer’s invoice stamped for receipt of the goods).<br />

Foreign-currency invoices. If a French <strong>VAT</strong> invoice is issued in a<br />

foreign currency, the <strong>VAT</strong> amount to be paid must be converted<br />

to euros using the rate published by the French Central Bank for<br />

the date of the supply. For intra-Community transactions, the<br />

customs rate (published monthly) may be used. If a <strong>tax</strong>able person<br />

chooses to use the customs rate, such rate must be used for<br />

all intra-Community trade, for at least one calendar year for both<br />

<strong>VAT</strong> returns <strong>and</strong> INTRASTAT returns (see Section J).<br />

I. <strong>VAT</strong> returns <strong>and</strong> payment<br />

<strong>VAT</strong> returns. Taxable persons with a turnover greater than<br />

€230,000, exclusive of <strong>tax</strong>, must submit returns <strong>and</strong> pay return<br />

liabilities electronically. Taxable persons with a lower amount of<br />

turnover may opt to file <strong>and</strong> pay electronically. A <strong>tax</strong>able person<br />

must submit an application to the French <strong>VAT</strong> authorities before<br />

submitting electronic returns. Return liabilities must be paid in<br />

euros.<br />

For French companies, monthly <strong>VAT</strong> returns <strong>and</strong> payment are due<br />

between the 15th <strong>and</strong> the 24th day of the month following the end<br />

of the return period. <strong>The</strong> due date depends on several factors<br />

including the type of legal entity involved <strong>and</strong> where the <strong>tax</strong>able<br />

person is established.<br />

For foreign entities, monthly or quarterly <strong>VAT</strong> returns are due on<br />

the 19th day of the month following the end of the return period.<br />

Penalties. <strong>The</strong> following penalties are assessed for errors associated<br />

with electronic filing:<br />

• Failure to declare <strong>VAT</strong> by electronic means (even if the return<br />

is submitted on paper by the due date): 0.2% of the <strong>VAT</strong> due<br />

• Failure to pay <strong>VAT</strong> by electronic means (including payment<br />

made by the due date, but not made electronically): 0.2% of the<br />

<strong>VAT</strong> due

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