For companies based outside the EU that bring in and/or market their products in France, including via online shopping platforms, it is mandatory to register for French VAT and, when necessary, designate a fiscal representative.
From 1 July 2021, new regulations have been implemented regarding the taxation of distance sales of goods from another EU Member State or from third countries to non-VAT registered individuals. The majority of these transactions are now taxed in the Member State where the consumer is based.
Read more about E-Commerce & B2C services in France in our comprehensive guide.
In general, taxable supplies of services are defined for French VAT purposes as:
Time of Supply
The moment services are delivered determines the taxable event, as defined in Article 269 of the General Tax Code.
When applying the reverse charge method, the tax obligation arises either when the service is rendered or, if payments are made in advance, when those payments are collected.
According to Article 259 of the French General Tax Code, the location of the “B2B” service recipient determines where the service is considered provided, irrespective of the service provider’s location. B2B services are subject to French VAT if the receiving entity is a business based in France. In this scenario, VAT is levied using the reverse charge procedure.
Since July 26th, 2019, there has been a tax on certain digital services provided by large businesses in the digital sector (hereinafter, the “Digital Services Tax” or “DST”).
The Digital Services Tax covers the following:
Companies are only subject to this tax if their revenues from these services surpass EUR 750 million globally, with at least EUR 25 million attributed to France, or if they are part of a group meeting the same criteria.
The tax is determined by taking 3% of the funds (excluding VAT) received for taxable digital services (“taxable services”) that are linked to France (“French digital presence”).
There are two main categories of services that fall under the DST, and these are further divided into two subsets of services:
A digital intermediation service is one in which a digital interface is provided via electronic communications and allows users to communicate and engage with one another. Marketplaces and matchmaking services fall into this category.
Advertisers can use targeted advertising services to show advertising messages on a digital interface depending on data acquired from users. This category encompasses placement services as well as data transfer services.
The following taxpayers can opt for a centralized filing and payment for businesses belonging to a group within the meaning of the Commercial Code:
The reference taxpayer will carry out filing and payment procedures for all members of the group. DST group option differs from consolidated VAT payment.
Global VAT Compliance is up to date with all new rules & regulations and provides VAT/GST solutions to companies offering digital services worldwide. View all our solutions by clicking here.
Last Updated: 30/10/2023
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