As from 1st January 2024, the provisions
transposing Council
Directive (EU) 2020/284, which amends the EU VAT
Directive (CD 2006/112/EC), will come into effect. This new Directive introduces
certain new reporting requirements for Payment Service Providers* concerning
cross-border payments originating from EU Member States. This new requirement
is increasingly relevant in view of the growth of electronic commerce which
facilitates cross-border sales of goods and services to final consumers in an
EU Member State (where the VAT may be due) in which the supplier is not
established (thus not necessarily registered for VAT purposes).
Such information will feed into a centralised European
database – the Central Electronic System of Payment Information (CESOP) where
it will be stored, aggregated and cross-checked with other European databases.
This new reporting requirement is detrimental to the fight against cross-border
VAT fraud particularly in the area of e-commerce. It gives tax authorities the
necessary tools to detect and control fraudulent businesses who seek to exploit
e-commerce opportunities in order to gain unfair market advantages by evading
their VAT obligations.
Whilst transposition into national legislation is still a
work in progress, stakeholders or other interested parties may seek further
information as regards the new requirements coming into play in 2024 on the EU
Commission’s website as follows:
CESOP – EU Commission Website
It is also opportune to note that the EU Commission has
already published reporting guidelines, as well as a technical user guide,
available on the abovementioned link (at the bottom of the webpage).
In case of any queries as regards CESOP, you are kindly
requested to contact the Office of the Commissioner for Revenue on cesop.cfr@gov.mt.
*The
Payment Service Providers within the scope of the reporting obligation are set
out in Council Directive (EU) 2020/284, namely:
- credit institutions;
- electronic money institutions;
- post office giro institutions;
- payment institutions.
Such are
defined in Article 1(1) of Directive (EU) 2015/2366 [PSD 2]. The reporting obligation also includes
Payment Service Providers that process less than €3 million annually and which
may be exempt from certain obligations in terms of ‘PSD 2’.