Domestic reverse charge ― wholesale electronic communication services

Produced by Tolley
Domestic reverse charge ― wholesale electronic communication services

The following Value Added Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:

  • Domestic reverse charge ― wholesale electronic communication services
  • Background
  • Supplies included
  • Supplies excluded
  • Supplies that are always excluded from the scope of the domestic reverse charge
  • Practical points

This guidance note provides an overview of the scope of the domestic reverse charged applied in respect of wholesale electronic communication services. See the Domestic reverse charge ― accounting requirements for details regarding what information needs to be shown on the VAT invoice and how to account for the reverse charge.

Background

HMRC announced that the scope of the reverse charge is extended to cover supplies of wholesale telecommunication services, including satellite, in the UK with effect from 1 February 2016. The changes will impact the following types of businesses:

  1. airtime carriers

  2. network operators

  3. message hubbing providers

  4. short messaging service (SMS) and voice aggregators

VATA 1994, s 1(2), 55A; 2006/112/EC, Article 199a(g); Value Added Tax (Section 55A) (Specified Services and Excepted Supplies) Order 2016, SI 2016/12; Revenue and Customs Brief 1 (2016)

The changes are applicable to the wholesale buying and selling of telecommunication services in the UK. The term ‘wholesale’ will mean business-to-business supplies where the receiving business intends to resell the supply with no or negligible consumption of the supply by the businesses concerned. With respect of supplies of telecommunications services, the term ‘wholesale’ means supplies between carriers of these services within the UK, or supplies of these services to network operators for onward supply to the consumer or user of the underlying telecommunication service.

The changes impact telecommunication services which typically mean transmission or carriage services of airtime and telephony related data. The reverse charge applies to telecommunications services which enable speech communication instantly or with only a negligible delay between the transmission and the receipt of signal or the transmission of images, information, sounds or writing of any nature when given in connection with these services.

Supplies included

According to HMRC guidance, the following supplies are covered by the new rules (this list is not exhaustive):

  1. airtime ― mobile telephony usage, including roaming agreements

  2. voice interconnect ― the services of handling calls for other operators

  3. Voice Over Internet Protocol (VOIP) ― charges for voice calls sent over

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