Facts:

An Austrian entrepreneur E4 (= last purchaser) orders a machine from his German supplier E3 (=2nd purchaser). The latter in turn orders the machine from the Swiss wholesaler E2 (=1st purchaser). Since the wholesaler E2 does not have the machine in stock, he orders it from the French manufacturer E1 (=first supplier) and instructs him to dispatch the machine directly to the Austrian entrepreneur E4.

Brief description of the chain transaction:

• Registration obligations:
  • The Swiss entrepreneur E2 has to obtain a VAT registration in the destination country Austria.
  • The German entrepreneur E3 as well has to obtain a VAT registration in the destination country Austria.
    
    
• "Supply 1" from E1 (France) to E2 (Switzerland)
  • Assignment of transport or dispatch according to § 3 (6) UStG in conjunction with § 3 (6a) sentence 2 UStG
  • VAT-exempt supply in France (E1)
  • Tax exemption pursuant to § 4 (1)(b) UStG in conjunction with § 6a UStG (intra-Community supply)
    
    
• "Supply 2" from E2 (Switzerland) to E3 (Germany)
  • Transaction without transport/dispatch assignment (§ 3 (7) UStG)
  • Taxable supply in Austria (E4)
    
    
• "Supply 3" from E3 (Germany) to E4 (Austria)
  • Transaction without transport/dispatch assignment (§ 3 (7) UStG)
  • Taxable supply in Austria (E4)
    
    

Detailed description from the perspective of the individual entrepreneurs:

From the perspective of the 1st supplier E1 (from France):

• Outgoing Invoice:

  • Invoicing:
    Invoice without VAT with reference to the tax exemption (intra-Community supply) pursuant to § 4 (1)(b) UStG in conjunction with § 6a UStG (or alternatively with reference to Article 138 of the Directive 2006/112/EC) and specification of the own (French) VAT identification number as well as the Austrian VAT identification number of the Swiss entrepreneur E2.
    
    
  • VAT Return:
    Declaration of the sales transaction as an intra-Community supply.
    
    
  • EC Sales List (ESL / Recapitulative statement):
    Declaration as (intra-Community) supply to the Austrian VAT identification number of the Swiss entrepreneur E2.
    
    
  • Intrastat Supplementary Declaration (Intrastat SD):
    Declaration as dispatch to Austria. Since 2022, the country of origin and the Austrian VAT identification number of the Swiss entrepreneur E2 must also be reported.
    
    

From the perspective of the 1st purchaser E2 (from Switzerland):

• Registration obligations:

  • The Swiss entrepreneur E2 has to obtain a VAT registration in the destination country Austria and act with his Austrian VAT identification number towards E1 and E3. The entries listed below are consequently to be included in the Austrian VAT return and Intrastat SD.
    
    

• Incoming Invoice:

  • VAT return (at the Austrian Tax Office):
    The incoming invoice contains no VAT and is to be included as an intra-Community acquisition in the VAT return. Therefore, on the one hand, the VAT (acquisition tax) must be paid and, on the other hand, it can be treated as input tax on the same return.
    
    
  • Intrastat Supplementary Declaration (at the Austrian authority):
    Declaration as arrival from France.
    
    

• Outgoing Invoice:

  • Invoicing:
    This supply is taxable in Austria (E4). The invoice must therefore be issued with 20 % Austrian VAT and specification of the own Austrian VAT identification number.
    
    
  • VAT Return (at the Austrian Tax Office):
    Declaration of the sales transaction as a taxable (domestic) supply and payment of the VAT from this supply to the Austrian Tax Office.
    
    

From the perspective of the 2nd purchaser E3 (from Germany):

• Registration obligations:

  • The German entrepreneur E3 has to obtain a VAT registration in the destination country Austria and act with his Austrian VAT identification number towards E2 and E4. The entries listed below must therefore be included in the Austrian VAT return.
    
    

• Incoming Invoice:

  • VAT return (at the Austrian Tax Office):
    The Austrian VAT contained in the incoming invoice can be deducted as input tax and must be included in the VAT return accordingly.
    
    

• Outgoing Invoice:

  • Invoicing:
    This supply is taxable in Austria (E4). The invoice must therefore be issued with 20 % Austrian VAT and specification of the own Austrian VAT identification number.
    
    
  • VAT Return (at the Austrian Tax Office):
    Declaration of the sales transaction as a taxable (domestic) supply and payment of the VAT from this supply to the Austrian Tax Office.
    
    

From the perspective of the last purchaser E4 (from Austria):

• Incoming Invoice:

  • VAT return:
    The Austrian VAT contained in the incoming invoice can be deducted as input tax and must be included in the VAT return accordingly.
    
    

Notes to the chain transaction:

• If the German entrepreneur E3 arranges the dispatch (as purchaser) or the Swiss entrepreneur E2 arranges the dispatch and acts as supplier by using a French VAT identification number, the tax exempt supply would be assigned to the supply between E2 and E3. This would make the simplification rules of triangular transactions for the entrepreneurs E2, E3 and E4 applicable.
  
  
• CAUTION: If the Swiss entrepreneur E2 does not operate with an Austrian VAT identification number but with another VAT identification number instead, an additional intra-Community acquisition is triggered in the country of the used VAT identification number without entitlement to deduct VAT (§ 3d Sentence 2 UStG). This means that the entrepreneur E2 must pay VAT (acquisition tax) in this country without entitlement to reclaim this VAT as input VAT. See also 3.14. (13) example 1 UStAE.
  
  
• The above detailed descriptions from the perspective of the individual entrepreneurs represent only an indication of how the tax assessment would be if the German laws were to apply in France and in Austria. National deviations from the German legislation were also not taken into account in the chain transaction sketch and the brief description!
  
  
• In addition to the entries in the VAT return as stated above, the German entrepreneur E3 must record in the German VAT return in line 35/code 45 supplies that are not taxable in Germany whose place of supply is outside Germany and which would be taxable if they would be carried out within the country.
  
  
• The assessment of this chain transaction from the Austr. perspective you can find in the reihengeschaeftrechner.at. According to the Austr. legal situation, there is an alternative solution in which entrepreneurs E1, E2 and E3 may apply the simplification rules for triangular transactions (since 01.01.2023 if the Swiss entrepreneur E2 acts with a VAT identification number that is not from a country in which the chain transaction begins or ends).
  
  
• You can find the German version in the reihengeschaeftrechner.de.