Cross-border VAT audits: Preparing for increased scrutiny

The face of VAT compliance has changed in the recent past. Globalisation and increasing complexity in the supply chain make cross-border VAT audits formal. This would mean businesses having to find their way through a web of regulations and ensuring that their VAT practices measure up to the mark. This blog shows how businesses can prepare for such heightened scrutiny involved with cross-border VAT audits.

What are cross-border VAT audits?

VAT cross-border audits aim at scrutiny of the records of value-added tax and compliance of transactions spanning across many countries. The audits are carried out by tax authorities to ensure that businesses apply the rules and regulations of VAT correctly across various jurisdictions. With the increased wave of international trade, tax authorities are increasingly putting their focus on cross-border transactions in order to avoid fraud and also ensure the correct collection of VAT.

Why are cross-border VAT audits becoming more common?

The following are some of the major drivers of the increase in cross-border VAT audits:

• Globalization and Trade Expansion: The more businesses run across borders, the more complicated VAT compliance becomes. It gives authorities a keen eye to make sure VAT obligations are met in each jurisdiction.
• Technological Advancements: Sophisticated data analytics and electronic invoicing systems will facilitate the tracing and analysis of transactions by tax authorities.
• Need for More Revenues: Governments face budgetary pressures and therefore attach considerable importance to VAT compliance as a source of revenue generation. This has made auditing practices more proactive.

According to the European Commission, in 2022, the estimated VAT revenues lost due to fraud and non-compliance reached EUR 93 billion only for the EU; this shows its growing importance.

How can businesses prepare for Cross-Border VAT audits?

It’s not possible to sail through cross-border VAT audits without proper preparation. Some of the steps that a business must take are as follows:

Understand the VAT regulations in each jurisdiction

Countries have varying rules and regulations with respect to Value-Added Tax. It is important that businesses are aware of such value-added tax requirements in any country a business entity is involved in. This would include:

• VAT Rates: Many countries apply different rates of VAT on different types of goods and services.
• Exemption Rules: The rules governing VAT exemption and zero-rated supplies may be different in every jurisdiction.
• Documentation Requirements: Proper documentation is essential for compliance and supporting VAT claims.

Staying up-to-date on changes to the VAT regime is very relevant. For instance, as a result of the OECD’s BEPS project, new guidance has been issued which may impact cross-border VAT practices.

Maintain accurate and comprehensive records

Proper record keeping is the most crucial factor for ensuring VAT compliance. Check that your record-keeping is full and up-to-date, including:

• Invoices: Keep all invoices issued and received, ensuring that they are in line with the VAT requirements placed on you in all jurisdictions.
• Contract: Document all the terms of the cross-border deals, including payment methods and value-added tax treatment.
• Customs Declarations: Retain records of any information which serves as proof for the customs declaration of goods that cross the border.

The International VAT Association reported that the risk of penalties arising from an audit can be significantly reduced if a robust record-keeping system has been maintained.

Implement robust internal controls

Internal controls also aid compliance with the VAT regime and minimise errors to the best extent possible. The following controls may be considered:

• Automated Systems: Make use of VAT compliance software for the automation of calculations and generating accurate reports.
• Regular Audits: Conduct internal audits for reviewing the VAT process and to point out the problems, if any, before external auditors do.
• Training: Undertake regular staff training in respect of the VAT regime and compliance procedures.

A study by the VAT Forum indicates that the use of automated VAT compliance tools can reduce errors and enhance efficiency.

Conduct a Self-Assessment

In case of self-assessment, you would have to relook at the VAT practices for improvement opportunities. Top such attitude and approach can assist proactively:

• Identify Risks: Spot potential compliance issues before they become problems.
• Procedures Updating: This will involve reviewing the VAT procedures in line with the new regulations and best practices.
• Prepare for external audits: Many of the concerns raised during the self-assessment phase shall have to be worked on to make the process of external audit more streamlined.

Engage with VAT experts

VAT experts can bring on board valuable insight into ensuring compliance. VAT consultants can:

• Interpretation of Complex Rules: The firm will assist you in understanding the complex rules of VAT and their application in different countries.
• Assistance with Documentation: Ensure that your document meets up to the requirements of each country.
• Provide Audit Support: Offer guidance and support in case of VAT audits to handle all issues related to the same.

According to Deloitte, businesses that used VAT consulting services surveyed reported, at worst, as low as 20% in audit findings and penalties.

What are the consequences of non-compliance?

Failure to comply with cross-border VAT regulations runs the risk of incurring very serious penalties, including:

• Fines and penalties: Non-compliance can result in several fines and penalties, which could have financial implications for your business.
• Reputation damage: Bad VAT practices can ruin your image and lose the trust of your customers and/or partners.
• Enhanced Scrutiny: Non-compliance may mean that your business is subject to higher frequency and depth of the audit, thus burdening the business more.

According to the European Commission, failure to comply with VAT obligations may lead to financial losses and operational problems for companies in the VAT Gap Report.

Any business requiring cross-border VAT compliance support can avail expertise from Cross-Border VAT on audit support. You can also seek help when expanding your operations to the EU and UK.

In summary, successful preparation for cross-border VAT audits requires familiarity with the rules on value-added tax, keeping of records, internal controls, and support. Businesses with such measures in place can be sure to stay on top of the intricacies of cross-border VAT compliance, reducing thereby the potential risks related to close scrutiny.

Disclaimer:

This blog is for information purposes only and should not be relied or acted upon when making financial decisions. Always seek professional advise prior to taking any action.