When and how to make corrections of Intrastat declarations?

Have you found out new information that should have appeared in the already submitted Intrastat declaration, but at the moment of its processing you did not know it? This can occur very easily. At this point, it is important to know the rules for making corrections to Intrastat declarations. This rules are contained in the Handbook for Intrastat data providers, as well as their deadlines are. It also lists errors and inaccuracies that do not need to be corrected. And last but not least, the Handbook contains the corrections procedure for Intrastat declarations when a credit note is issued. In our article, you can find all necessary information that you should know before you start to correct Intrastat reports.

If the company finds inaccuracies in the submitted Intrastat declaration, it is obliged to correct the false data no later than 30 days from this moment. The correction shall be made in accordance with the rules in force for the year of the reference period of the report. The deadline for corrections is the 12th working day of July in the year following the year in which the incorrect data for any month were reported. After the expiration of the June reporting deadline, it is not possible to correct any of the months of the previous year any more.

Correction of declarations submitted to the customs office electronically can be done in two ways. The company can cancel the entire report and submitt a new one in its place, complete with the correct data. This procedure is the only one possible for correction of declarations submitted on paper. The second option is to correct erroneous data in specific lines in the report directly in the InstatDesk application to update an existing report.

When are Intrastat corrections not required?

  • If the correction of the wrongly stated invoiced value does not change the incorrectly submitted value by more than 5%.
  • In the event that the correction of an inaccurate data of the net weight or quantity does not change the erroneously reported figure by more than 5 %.
  • Other incorrectly reported data (except for the invoiced value and quantity) do not have to be corrected if they relate to a value not exceeding CZK 10,000.

It is not decisive for setting the 5% limit whether the correction will increase or decrease the final amount. When companies submit Intrastat declaration, they should consider the possibility of aggregated reporting. If there are several cases with the same commodity code, the same mode of transport, the nature of the transaction, the country of destination or dispatch and the country of origin, the same code of delivery terms and the indication of the special movement code and statistical value, it is appropriate to report them in one line. It can thus reduce the number of possible subsequent Intrastat corrections by using the option not to correct erroneous data.

Credit notes and corrections of Intrastat declarations

If is a credit note issued for goods delivered and reported to Intrastat it may change their price as follows:

  • The credit note will deduct an amount from the total price of the goods. Such as in case of accepted complaint (for example due to poor quality of goods). The company has to correct the data on the value of the discounted goods in the original Intrastat declaration. The correction is not required only if the difference does not exceed 5% of the originally reported value.
  • A seller can cancel the original invoice with the issuance of a credit note and return full purchase price to the customer. No matter if the credit note apllies to the entire shipmnet of goods or just to a part of it. In this event, the corrections of Intrastat declarations are not required. The originally submitted value of the goods before the issuance of the credit note remains the same. So the credit note is not reported in Intrastat at all. At the same time, it does not matter whether the credited goods are returned to the seller or not. 

Other rules

If all or part of the shipment returns back to the seller, the data in the originally submitted Intrastat declaration are not corrected. A return of recieved or of sent goods is reported with the transaction code “21”. And the value of declared goods is the same as the original one.

If a company expects some changes in the reported value of goods at the moment of processing of Intrastat declaration, it can report the already estimated value. This will prevent the subsequent correction of the declaration. If expected changes do not occur, or in a different amount, it has to correct this value. Here is also an option not to correct erroneous data, if the value does not change by more or less than 5 %.

The transaction code is not corrected if it was correct at the moment of processing of Intrastat declarantion, but the subsequent handling of goods does not correspond to this.

Nothing should surprise you now in the process of making corrections to Intrastat declarations. However, if you are still not completely sure, do not hesitate to contact us.

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Changes in EKAER system – what will the year 2020 bring?

Electronic Trade and Transport Control System (EKAER) was implemented in Hungary since the 1st January 2015. It helps the Hungarian Tax and Customs Authority to monitor shipments in Hungary. The purpose of the EKAER system is to ensure the transparency of the movement of goods and thereby minimize potential tax evasion in the field of VAT. The taxpayer has a reporting obligation if the monetary or weight limits of the shipment are exceeded. This limits are set separately for non-risky and risky goods. Failure to comply with this obligation is subject to the risk of imposing a fine up to 40% of the value of the unmarked goods. The State Tax and Customs Authority may also accede to seize the transported goods until their identity is established. The EKAER has undergone a number of changes since its introduction in March 2015. For example the taxpayers may be exempted from the reporting obligation if they transport products between two domestic locations that are no more than 20 km away from each other. From March 2020 certain data of closed reports can be modified afterwards. The biggest change so far should come from 1st January 2021.

The scope of the EKAER will change: products qualified as „not risky” will be exempted from the reporting obligation.

At the beginning of 2019, the European Commission repeatedly expressed its attitude to the EKAER system. The reporting obligation does not comply with the relevant European VAT rules and represents an administrative burden for intra-Community trade. The European Commission, among others, considered that the Hungarian law infringes the principles of neutrality, proportionality and of free movement of goods. The Commission also charged Hungary to harmonize properly their law. Therefore, the Hungarian government has integrated changes in rules of EKAER reporting in the Act LXXVI of 2020. This act establishes Hungary’s central budget plan for the year 2021 and includes besides EKAER changes, also other changes in the area of taxation.

Planned changes in the EKAER system

Based on the Act LXXVI of 2020, published on 14 July 2020, the following changes can be expected from 1st January 2021:

  • EKAER´s reporting obligation for non-risky goods will be completely abolished.
  • The reporting obligation will newly apply to the transport of risky goods their value exceeds the monetary or weight limit. Their amount is not yet given. These limits for risky goods are currently defined as follows: the total value of the consignment excluding VAT of HUF 1 000 000 and the total weight of the consignment is 500 kg.
  • The Hungarian taxpayer risks a fine up to 40% of the value of the goods if
    • fails to fulfill its notification obligation,
    • or if incorrectly informs about the weight or value of the transported goods.
  • In other cases (such as writing data, correspondence, etc.), could taxpayers, who are a natural person, be fined at least 200 000 HUF. In case of taxpayer, who is not a natural person, is amount of this fine at least 500 000 HUF.
  • It is expected that taxpayers will have to still provide a risk guarantee in case of transporation of risky goods. The taxpayer is exempted from paying a risk guarantee if
    • is registered in the qualified taxpayer database of the National Tax and Customs Administration,
    • or it is operating for at least two years and it is registered by the National Tax and Customs Administration’s database for companies who have not accumulated any public debt. And his tax number is not suspended during the reporting period too.

DETAILED RULES FOR EKAER REPORTING ARE NOT REGULATED BY THE ACT LXXVI OF 2020.

These will be included in a decree of the Ministry of National Economy, which is not yet available. It is currently not clear if the list of dangerous goods will be extended next year. Or what monetary and weight limits will be set to determine the origin of the reporting obligation. Or whether risk guarantee obligation will continue to apply to taxpayers who do not meet the requirements for exemption. As the ministerial decree is published, I will update the overview of EKAER changes.

photo: www.freeimages.com
source: adozona.hu

The delivery of goods from EU to the Hungarian end user and EKAER reporting obligation

Recently, we have been asked more often the questions about Electronic Public Road Trade Control System (EKAER). This system was introduced in January 2015 by the Hungarian government. It is designed to ensure the transparency of the movement of goods and thereby minimize potential tax evasion in the field of VAT. One Slovak company, which trades in building materials, turned to us for help in delivering the goods to Hungary. They wanted to transport goods from Slovakia to the customer who was a natural person. But the carrier asked them for the EKAER number. So how should the company proceed in accordance with the Hungarian law?

This company needed to dispatch a truck to Hungary with building materials heavier than 2 500 kg. It may seem that becauese of exceeding the limit for the weight of goods transported from the EU to Hungary their transportat is subject to EKAER, but this is not that case in this particular situation. The explanation is simple. Their customer is not subject to VAT in Hungary and building materials has just for his own use. Therefore, the EKAER reporting obligation does not apply to him. The person, who is obliged to report the transportat of goods from the EU to Hungary, is the recipient of the imported goods with a valid Hungarian VAT number. But in this case, the recipient of the imported goods in Hungary is the end user who is not subject to VAT, therefore there is no need for EKAER.

foto: www.freeimages.com

Intrastat deadlines for all EU Member States for 2020

I have already posted the article about the assimilation thresholds for Intrastat reporting in EU countries for 2020. Today, I would like to add an overview of deadlines. The deadline for submission of the Intrastat declaration vary from country to country, but in contrast to the threshold values, deadlines do not change interannually. Intrastat declarations for a given reference period must be submitted by particular day of the month following the reporting period. According to the Regulation (EU) No 659/2014 of the European Parliament and of the Council, the reference period shall be the calendar month of dispatch or arrival of the goods or the calendar month during which the chargeable event occurs for the Community goods on which VAT becomes chargeable on intra-Community acquisitions and supplies. Let’s see the overview of Intrastat deadlines in all EU countries for 2020.

Complete overview of Intrastat deadlines in all EU countries for 2020

Member StateCountry CodeDeadline
Austria AT10th worknig day
Belgium BE20th of the month
BulgariaBG14th of the month
CroatiaHR15th of the month
Cyprus CY10th of the month
Czech republic CZ12th working day
Denmark DK10th worknig day
Estonia EE14th of the month
Finland FI10th worknig day
France FR10th worknig day
Germany DE10th worknig day
Greece GRlast working day
Hungary HU15th of the month
Ireland IE23th of the month
ItalyIT25th of the month
Latvia LV10th of the month
Lithuania LT10th worknig day
Luxembourg LU16th working day
Malta MT10th worknig day
Poland PL10th of the month
Portugal PT15th of the month
Romania RO15th of the month
Slovakia SK15th of the month
Slovenia SI15th of the month
Spain ES12th of the month
Sweden SE10th worknig day
The Netherlands NL10th worknig day
United Kingdom GB21st of the month

What is the difference between the deadlines?

The deadline is set by each country for a particular calendar or working day in the month following the reporting period. Regarding working days, the submission deadline is clear. While in countries, where the deadline is a particular calendar day, the determination of the final deadline may differ. If the due date falls on a weekend or holiday, the submission deadline is the next working day in most countries, so traders gain more time to submit Intrastat declarations. But there are a few exceptions. If the date falls on a weekend or holiday, then the due date is the last working day before the deadline. This is used in Croatia, Ireland and Slovenia. In Romania, the rules do not say whether the due date is the next working day or the last working day before the submisson deadline, so the deadline remains unchanged.

Intrastat reporting thresholds in EU Member States for 2020

EU Member States are free to set their own assimilation thresholds for Intrastat reporting in accordance with Regulation (EC) No 638/2004 of the European Parliament and of the Council. These tresholds are set separately for arrivals and dispatches. If traders exceed the threshold during the previous year, they are oblidged to submit an Intrastat declaration. Threshold values depend on the volume of intra-Community trade. As it grows, threshold values change. These limits have increased this year for some EU countries, so I present a complete overview of the assimilation thresholds for Intrastat reporting in 2020.

Complete overview of assimilation thresholds for Intrastat reporting in EU countries for 2020

2020
ArrivalsDispatches
Austria (EUR)750 000750 000
Belgium (EUR)1 500 0001 000 000
Bulgaria (BGN)470 000290 000
Croatia (HRK)2 200 0001 200 000
Cyprus (EUR)180 00055 000
Czech republic (CZK)12 000 00012 000 000
Denmark (DKK)6 900 0005 200 000
Estonia (EUR)230 000130 000
Finland (EUR)600 000600 000
France (EUR)460 0000
Germany (EUR)800 000500 000
Greece (EUR)150 00090 000
Hungary (HUF)170 000 000100 000 000
Ireland (EUR)500 000635 000
Italy (EUR)200 0000
Latvia (EUR)220 000120 000
Lithuania (EUR)250 000150 000
Luxembourg (EUR)200 000150 000
Malta (EUR)700700
Poland (PLN)4 000 0002 000 000
Portugal (EUR)350 000250 000
Romania (RON)900 000900 000
Slovakia (EUR)200 000400 000
Slovenia (EUR)140 000220 000
Spain (EUR)400 000400 000
Sweden (SEK)9 000 0004 500 000
The Netherlands (EUR)800 0001 000 000
United Kingdom (GBP)1 500 000250 000

Differences in Intrastat reporting in EU countries

In some countries, it is possible to send Intrastat reports in two forms – simplified or detailed, depending on the amount of intra-EU trade turnover. There are two limits in these countries, the higher one defines the requirement for Intrastat reporting in detailed form. There is no unified form of such reports, the final form differs in different member states. While the detailed report is completed only by a statistical value compared to the simplified report in some countries, in other contries, there is also requiered infomation about delivery term or mode of transport. The table contains the basic thresholds which define the requirement for Intrastat reporting. It means tresholds for simplified Intrastat reporting.

Although the obligation for Intrastat reporting is based on European Union legislation, reporting rules vary from country to country. In addition to European legislation, the rules are also determined by national legislation. Therefore, there are different assimilation thresholds for Intrastat reporting across EU countries, as well as reporting methods or deadlines for reporting in a given year. There is a more marked difference in threshold values in France and Italy.

French simplified Intrastat declarations must be submitted from the first delivery of goods to another EU member state, regardless of the total value of the goods. In Italy, exceeding of certain reporting threshold for dispatches changes only periodicity of reporting. Intratat declarations must be submitted monthly, if intra-EU transaction exceed 50 000 EUR. If not, the obligation to report Intrastat is quarterly. Traders begin Intrastat reporting from the first dispatches transaction as well. So it is always necessary to familiarize yourself with the rules of the certain country in which the trader has reporting obligation.

Intrastat and the United Kingdom

You have certainly not missed the fact that in the table, I mention the United Kingdom, which left the European Union on 31. January 2020.  After that the UK entered the transition period. This period runs until the end of 2020, when the United Kingdom remains in the single market and customs union – without barriers, customs formalities and controls. There are no changes for the reporting units, they still are obligated to report Intrastat.