The simplification rule for triangulation in Austria is only applicable if the second supplier (middle man) registered in Austria declares the triangulation in the VAT return and the recapitulative statement …
The simplification rule for triangulation in Austria is only applicable if the second supplier (middle man) registered in Austria declares the triangulation in the VAT return and the recapitulative statement, and also issues an invoice mentioning the application of the simplification rule and the reverse-charge procedure. If either of the last two requirements are not fulfilled, the safety net deemed acquisition with no right to deduct input VAT, has to be applied, as there is no opportunity to apply a correction with retroactive effect (Ministry of Finance, Umsatzsteuerprotokoll 2015).
Applicable procedure for input VAT
Deductible input VAT in a tax period where there are no supplies, has to be declared through the assessment procedure and not through the simplified refund procedure, if the input VAT is connected to taxable supplies which will take place in the following tax period(s). (Federal Tax Court 10.6.2015, RV/2100684/2013).
Peter Pichler
LeitnerLeitner
