There may be several reasons why you do not charge VAT on your invoice:
Your services or goods are Exempt
You are selling to a business outside of Belgium and within the EU
You are selling outside of the EU
The legal mentions vary depending on the situation, all the cases are listed below:
Sales of Services Exempt of VAT -> Exemption from VAT according to article 44 of the VAT code
Sales of Goods Exempt of VAT -> Exemption from VAT according to article 44 of the VAT code
🇧🇪 Sales of Services construction work under co-contractor to Belgium B2B clients -> Reverse charge. In the absence of a written dispute within a period of one month from receipt of the invoice, the customer is deemed to acknowledge that he is a taxable person liable to submit periodic returns. If that condition is not fulfilled, the customer shall be liable for payment of tax, interest and fines due in respect of that condition. (AR 26.10.2022, MB 10.11.2022, ed. 2, 10.11.2022, art. 13)
→The service can be accompanied by a sale of goods linked to the construction work.
🇪🇺 Sales of Services under reverse-charge to European B2B clients -> Reverse Charge - art. 196 VAT Directive 2006/112/CE
🇪🇺 Sales of Goods under reverse-charge to European B2B clients -> Reverse Charge - art. 138 par. 1 VAT Directive 2006/112/CE
🌍 Sales of Services to B2B clients outside of the EU -> Article 39 - export of services
🌍 Sales of Goods to B2B clients outside of the EU -> Article 39 - Export of goods
You can always add your own legal notes in the 'notes & comments' section of the invoice.
If you have any questions, please feel free to contact us via chat or by email to the following address: [email protected]
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