VAT application for the triangle operations

Author:PhD. Dan MANOLESCU

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Keywords:triangle operation, goods selling, buyer – buyer back, final beneficiary, VAT valid code, VAT statement, recapitulative statement, Intrastate

Abstract:
Considering the development by the Romanian entities of some triangle operations as well as the possibility for their amplification taking into account the new statute of our country as EU member state it is normal to have an exchange of ideas between specialists and their opinion in the specialized literature about the correct reporting of this kind of operations.\r\n\r\nThe following elements are essential for a correct recognition of the triangle operations: the three member states distinct where the supplier, the buyer – reseller and the final beneficiary are located, who participate in the operation and the transportation of the goods directly to the final beneficiary, either by the supplier, or by the seller – reseller. \r\n\r\nAlso, it is important to be known and respected the obligations of the three parts participating in the operation, namely: \r\n• the obligation concerning the VAT valid code and the proof of transportation; \r\n• the obligation statements: VAT statement, the recapitulative statement, INTRASTAT;\r\n• the specific operations on invoices drafting. \r\n\r\nBased on these requirements we considered the systemization of the particularities of each stage where a Romanian entity can be found when it is involved in a triangle operation and to point out the issues that should be considered when it is about how the documents and the reporting obligations are involved. \r\n

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