Whether to issue an invoice when transferring an overseas B/L between domestic businesses
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There are a domestic business/importer (A), an overseas supplier (B), and a domestic client (C).
Company A has entered into a purchase contract with overseas company B and is conducting maritime transport using a B/L that only specifies the transaction relationship between A and B. During maritime transit, Company A intends to issue a transfer document for the goods purchased from B to domestic business C and deliver it along with the B/L. Subsequently, Company C will handle the import customs clearance procedures directly, and the payment is planned to be remitted by C to A in foreign currency at the time of transfer.
Questions (from Company A's perspective):
1. In this contract structure, which does not involve an overseas corporation or branch, can Company A recognize the transaction with Company C as a general export transaction?
2. If possible, can a zero-rated export declaration be made using an invoice (commercial invoice and debit note) under the item "services provided overseas"?
3. If neither 1 nor 2 applies, there appear to be cases where the transfer of a B/L meets the requirements for issuing a "calculation document" (invoice/bill) pursuant to Article 121, Paragraph 1 of the Corporate Tax Act. In this case, please clarify what specific type of "calculation document" is meant in practice and whether it can be reflected in VAT filing practices.
Answer 1
- 0✓Regarding the issuance of tax invoices when transferring a Bill of Lading (B/L) prior to importation, relevant provisions are set forth in Article 61, Paragraph 2, Item 5 of the Value Added Tax Act. According to this, the customs official issues an import tax invoice to C, and A issues an additional tax invoice only if the supply value between A and C is greater than the amount on the import tax invoice. However, if the transfer occurs before the import declaration, a tax invoice between A and C can be issued for the total amount (optional). For this reason, the transaction between A and C is not an export transaction and should not be reported at a zero tax rate. A does not issue a tax invoice or a calculation sheet; instead, the difference between the VAT taxable base and the corporate tax revenue is adjusted through tax reconciliation during the future corporate tax filing. Please consult further with your tax accountant regarding this matter.Machine translated
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