LR: The draft law „Amendments to the Law on Value Added Tax”

The draft law provides:

  1. to amend Article 1 of the law to determine that a fiscal agent is considered a person registered in the SRS register of VAT taxable persons;
  2. to supplement Article 1 of the law with the term „Fiscal agent” to determine which person is considered a fiscal agent and in which cases he can represent a taxable person from another member state or a person not registered in the EU;
  3. to supplement Article 3 with provisions that stipulate that a taxable person is to be registered in the SRS register of VAT taxable persons as a fiscal agent, and that establish criteria to register in and/or to exclude a fiscal agent from this register;
  4. to supplement Article 6 with provisions that determine that imported goods with a negligible value below € 10, and goods imported by mail, whose value does not exceed € 10, are not subject to VAT;
  5. to submit a revised version of point 21 of Article 6.2 determining that wood fuel includes wood in various forms;
  6. to supplement the first part of Article 7 and Article 28 with a provision which determines that goods shipped to a fiscal agent may be 0 rated, if these goods are shipped with the objective of further export outside the EU and if they are stored in a customs warehouse or in a warehouse for excise goods;
  7. to supplement Article 10 of the law with provisions which determine that the tax for the goods and services for the functioning of a fiscal agent is deductible by the fiscal agent. The fiscal agent indicates the VAT on the imported goods, as a tax in his VAT declaration;
  8. to supplement Article 11 with a provision, establishing that a fiscal agent is to submit his VAT declaration by using the SRS Electronic declaration system;
  9. to specify part 12.4 of Article 12, determining that the excess VAT is first offset against any overdue tax before it is transferred to the next taxation period;
  10. to supplement Article 26 of the law with a provision, determining that, if a taxable person of another member state or a person not registered in the territory of the European Union appoints a fiscal agent in Latvia, that person does not have to be registered in the SRS register of VAT taxable persons;
  11. to supplement article 33 with provisions that stipulate regulations to apply 0% VAT on imported goods, if, afterwards, they are shipped to another EU member state, to a VAT registered consignee, and that determine that the taxable person must have evidence that the imported goods are to be transported or sent to another member state, and documents which assure that the goods are transferred to another member state.
  12. to supplement Article 35 of the law with a provision which determines the responsibility of a fiscal agent in VAT transactions, when the fiscal agent represents a taxable person from another member state or a person not registered in the territory of the European Union.

 

The draft law has been reviewed in the Cabinet of Ministers.