Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Software supply

17 December 2013
Issue: 4433 / Categories: Forum & Feedback , VAT

Three parties are involved in a supply: A, the UK software supplier, B the UK-based agent, and C, the end-user located in Spain. C only accepts and pays invoices from B, but what effect does this have for VAT?

We wonder whether readers could clarify the following VAT issue. The parties involved are: company A a UK software supplier; company B which is an agent based solely in the UK; and company C which is the end-user of the software and which is located in Spain and nowhere else.

The contract between B and C clearly states that B is an agent for A in supplying the software to C. However C will only accept and pay an invoice from B and will not deal with A.

Because B is a disclosed agent the VAT law treats A as making a supply directly to C so A would need to invoice C because this will be an outside-the-scope supply with reverse charging to be applied by C.

The problem is that C will not pay this invoice. To circumvent this impasse A invoices...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon