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VAT-exempt importation under Article 94 b of the VAT Act

According to section 94 b of the VAT Act, import is exempt from VAT, when the goods are transported immediately after the import to another Member State, the importer is an entrepreneur and the import is followed by intra-Community supply. Importation takes place in Finland when the goods are imported or re-imported from outside the customs territory of the EU. The re-imported goods may e.g. have been under outward processing, under processing other than outward processing or the goods may have been exported temporarily outside the customs territory of the EU. Importation may also takes place in Finland when the customs procedure (e.g. customs warehousing) that postpones the payment of tax is discharged or ends when the goods are in Finland.

When the import is followed by intra-Community supply (section 72 b(1) or (6) of the VAT Act), exemption from tax upon import also requires that

  • the importer has a VAT number issued in Finland
  • the buyer’s or importer’s VAT number issued in the EU Member State where the transport ends has been provided in the customs declaration
  • on request, the importer provides proof that the imported goods are going to be dispatched or transported to another Member State.

Example 1

A Finnish company buys goods from Norway and sells and transports them immediately to Latvia as intra-Community supply. The import is exempt from VAT if the following requirements are met:

  1. The Finnish importer is a VAT-registered entrepreneur who provides in the customs declaration the VAT number issued to them in Finland.
  2. The buyer’s VAT number issued in another Member State (Latvia) has been provided in the customs declaration.
  3. On request, the importer provides proof that the imported goods are going to be dispatched or transported to another Member State.
  4. The importer of the goods must have proof of the intra-Community supply of the goods (section 72 b(1 and 6) of the VAT Act).

Provide the following details in the Customs Clearance Service or in the customs declaration submitted through message exchange:

The importer, the declarant and the representative must have an EORI number. This applies to a company, an organisation, a municipality or a state with a business ID. Foreign businesses must also provide the EORI number.  Read more about providing the EORI number in the customs declaration.

  • Customs procedure code
    • requested procedure ”42 – Release for free circulation and home use of goods exempt from VAT to another Member State”
      • If the customs procedure code 21xx, 22xx or 23xx was provided when the goods were exported, provide the customs procedure code 6321, 6322 or 6323 in the import declaration.
    • previous procedure “00 – No previous procedure”, if there is no previous procedure
  • Importer: An entrepreneur registered for VAT in Finland (e.g. FI1234567-8).
    • If the importer of the goods has an EORI number granted in another Member State, the VAT number granted by the Finnish Tax Administration must be entered with code “FR1 – Importer”, in addition to the additional fiscal reference code “FR2 – Customer”.
  • Additional fiscal trader: under “FR2 – Customer” and “Identification number”, provide the VAT number issued to the buyer in the Member State of destination of the transport (e.g. if the transport ends in Sweden, provide the VAT number issued to the buyer by the Swedish Tax Agency, SE23322233443).
    • In the case of transfer of goods handled as intra-Community supply, provide under “Identification number” the VAT number issued to the importer in the Member State of destination of the transport (e.g. if the transport ends in Sweden, provide the VAT number issued to the buyer by the Swedish Tax Agency).
  • Under “Additional information” at goods item level, provide the code FIXXX for Community invoice and invoice number (intra-Community supply, not transfer). If a Community invoice is not available at the time of customs clearance or in the case of transfer of goods comparable to intra-Community supply, provide the number of the commercial contract or other document.

If there is a service interruption in the Customs Clearance Service and you are using the fallback procedure, provide the same details in the SAD form as in the Customs Clearance Service.

The following procedure codes are also used to make use of the exemption from VAT provided for in Article 94 b of the VAT Act:

  • procedure code 6321, for re-importation of goods exported temporarily after outward processing and you wish to transfer the payment of VAT to the Member State of final destination
  • procedure code 6322, for re-importation of goods exported temporarily after some other processing than outward processing and you wish to transfer the payment of VAT to the Member State of final destination
  • procedure code 6323, for re-importation of goods exported temporarily in an unaltered state and you wish to transfer the payment of VAT to the Member State of final destination

When using procedures 6321, 6322 and 6323, you request that Article 94 b of the VAT act be applied, i.e. exemption from VAT on import. In these procedures, the exemption applies only if the sale or transfer of the goods after importation is treated as an intra-Community sale and the goods are transferred after importation to the Member State of final destination of the transport. The prerequisites for tax exemption are the same as in the cases where Article 94 b of the VAT Act is applied on import under customs procedure 42xx. Other matters to be observed:

  • When re-importing goods form outward processing, you must adhere to the conditions for re-import from outward processing and the outward processing authorisation. Read more about the outward processing.
  • When re-importing goods from some other processing than outward processing, you must adhere to the conditions for using the procedure. Read more about re-importation of goods that have been under other processing than outward processing.
  • When re-importing temporarily exported goods, you must adhere to the conditions for using the procedure. Read more about the re-importation of temporarily exported goods.

Read more

 

Application of the tax exemption referred to in section 94b of the VAT Act (available in Finnish and Swedish, link to Finnish)