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A financial consultancy society asks whether its services to a UK entity are subject to VAT, whether its partners can invoice, and the monthly refund regime. The DGT determines that services to the UK entity are VAT-exempt under location rules, and that partners' VAT liability depends on whether their relationship is employment or service leasing.
Question raised: Liability and, where applicable, exemption of the operations from Value Added Tax, the possibility of opting for the monthly refund scheme, and the invoicing of services provided by the professional partners.
Consultancy services provided to the British entity are not subject to VAT as no special rule of location exists and the general rule applies. Services provided by professional partners shall be subject to VAT if a service lease agreement exists where they act with independence and their own management of resources. If the relationship is an employment relationship, the services are not subject to VAT. Financial mediation services could be exempt if they meet the requirements for bringing parties together. Partners are obliged to issue an invoice if the transaction is subject to the tax.
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