If you meet the statutory conditions and wish to use the cross-border value added tax (VAT) scheme for small enterprises (SMEs), which allows small enterprises (selected taxable persons) to supply goods or provide services exempt from value added tax in a Member State other than the Member State of establishment, you must register for this scheme first by submitting an Application for registration in the scheme for small enterprises (SMEs).
Conditions for using the cross-border scheme for small enterprises (SMEs):
The tax administrator will subsequently decide on your registration and assign you a tax identification number for the scheme for small enterprises for another Member State (TIN).
An explanation of the terms ‘Member State of establishment’ and ‘Member State of exemption’ is provided below in Frequently asked questions.
You may also register in the scheme for small enterprises (SMEs) if:
You cannot use the scheme for small enterprises (SME) if:
you are a person registered for the import scheme under the One Stop Shop special scheme (for more detailed information, see Registration in the OSS Scheme).
and you wish to use the cross-border scheme for small enterprises (SMEs).
You can use this service at any time.
The Application for registration in the scheme for small enterprises (SMEs) form, which is available on the MOJE daně portal.
In the Application, you must state in particular:
The Application for registration in the scheme for small enterprises (SMEs) can be submitted electronically via:
The Application for registration in the scheme for small enterprises (SMEs) cannot be submitted in a manner requiring subsequent confirmation, i.e. using the e-form ‘Confirmation of a submission made by data message not bearing a recognised electronic signature’.
If registration in the scheme for small enterprises (SMEs) for another Member State is successful, you may supply goods or provide services exempt from value added tax in a Member State other than the Member State of establishment.
If the tax administrator of the Member State of exemption informs the domestic tax administrator (Financial Administration of the Czech Republic) that you do not meet the conditions for exemption in that state, the domestic tax administrator will reject registration for that Member State of exemption.
You may exercise remedies directly in the Member State of exemption in accordance with its applicable legal regulations against a negative decision on your registration in the cross-border scheme for small enterprises issued by the tax administrator of the Member State of exemption.
You may lodge an appeal against a negative decision on your registration in the cross-border scheme for small enterprises for another Member State issued by the domestic tax administrator without cooperation with the tax administrator of the Member State of exemption within 30 days of receipt of the decision. The appeal must be lodged with the tax office that issued the decision on the registration.
The guide to the cross-border VAT scheme for small enterprises in the EU is available on the European Commission website.
More detailed information on the cross-border VAT scheme for small enterprises in the EU is available on the website of the Financial Administration of the Czech Republic.
The term ‘Member State of establishment’ means the European Union Member State in which the small enterprise has its registered office or place of residence (in this case, Czechia).
The term ‘Member State of exemption’ means any Member State of the European Union other than the Member State of establishment in which the small enterprise is eligible for exemption from value added tax on the supply of goods or provision of services under the scheme for small enterprises, and that the small enterprise designates in the application for registration in the scheme for small enterprises (SMEs) as the Member State of exemption (except for Spain, which has not implemented the scheme for small enterprises).
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